T.M.E.P. § 1606.13
Correction of Deficiencies in ¤9 Renewal Applications

Executive summary:

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1606.13 Correction of Deficiencies in §9 Renewal Applications

37 C.F.R. 2.185. Correcting Deficiencies in Renewal Application.

(a) If the renewal application is filed within the time periods set forth in section 9(a) of the Act, deficiencies may be corrected, as follows:

(1) Correcting deficiencies in renewal applications filed within one year before the expiration date of the registration. If the renewal application is filed within one year before the expiration date of the registration, deficiencies may be corrected before the expiration date of the registration without paying a deficiency surcharge. Deficiencies may be corrected after the expiration date of the registration with payment of the deficiency surcharge required by section 9(a) of the Act and §2.6.

(2) Correcting deficiencies in renewal applications filed during the grace period. If the renewal application is filed during the six-month grace period, deficiencies may be corrected before the expiration of the grace period without paying a deficiency surcharge. Deficiencies may be corrected after the expiration of the grace period with payment of the deficiency surcharge required by section 9(a) of the Act and §2.6.

(b) If the renewal application is not filed within the time periods set forth in section 9(a) of the Act, the registration will expire. This deficiency cannot be cured.

1606.13(a) Correcting Deficiencies in §9 Renewal Applications Filed Within the Year Before the Expiration Date of the Registration

If the renewal application is filed within one year before the expiration date of the registration, deficiencies may be corrected before the expiration date without paying a deficiency surcharge, or after the expiration date with payment of the deficiency surcharge required by §9(a) of the Act. 37 C.F.R. 2.185(a)(1).

Any deficiency must be cured within the set period for response to the Post Registration examiner's Office action, i.e., within six months of the mailing date of the action, or before the expiration date of the registration, whichever is later. 37 C.F.R. 2.184(b). See TMEP §1606.12.

1606.13(b) Correcting Deficiencies in Renewal Applications Filed During the Grace Period

If the renewal application is filed during the grace period, deficiencies may be corrected before the expiration of the grace period without paying a deficiency surcharge, or after the expiration of the grace period with the deficiency surcharge required by §9(a) of the Act. 37 C.F.R. 2.185(a)(2).

Any deficiency must be cured within six months of the mailing date of the Office action. 37 C.F.R. 2.184(b). See TMEP §1606.12.

1606.13(c) Late Filing Cannot be Cured

If the renewal application is not filed before the end of the grace period, the registration will expire. Filing after the expiration of the grace period is not a deficiency that can be cured, even with a deficiency surcharge. 37 C.F.R. §§2.182 and 2.185(b).