T.M.E.P. § 1705.09
Appeal to Federal Court

Executive summary:

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1705.09 Appeal to Federal Court

Under 15 U.S.C. 1071(a)(1) and 37 C.F.R. 2.145(a), a registrant who is adversely affected by the Director's decision regarding a renewal application or an affidavit or declaration under 15 U.S.C. 1058 may appeal to the United States Court of Appeals for the Federal Circuit or commence a civil action for review of the decision on petition. 15 U.S.C. §§1071(a)(1) and (b)(1); 37 C.F.R. §§2.145(a) and 2.145(c).

Other types of Director's decisions are not subject to appeal. See In re Marriott-Hot Shoppes, Inc., 411 F.2d 1025, 162 USPQ 106 (C.C.P.A. 1969).

The deadline for filing an appeal or commencing a civil action is two months from the mailing date of the decision. 15 U.S.C. §§1071(a)(2) and (b)(1); 37 C.F.R. 2.145(d)(1). Under 37 C.F.R. 2.145(d)(2), one day is added to any two-month period that includes February 28.