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TMEP 1604.17(c): Defects That Cannot be Cured After Expiration of the Grace Period

October 2017 Edition of the TMEP

TMEP Chapter Index
Chapter 1600: Registration and Post Registration Procedures
1604: Affidavit or Declaration of Use or Excusable Nonuse of Mark in Commerce under §8 of the Trademark Act
1604.17: Correction of Deficiencies in §8 Affidavit or Declaration

Previous: §1604.17(b) | Next: §1604.18

1604.17(c)    Defects That Cannot be Cured After Expiration of the Grace Period

The registration will be cancelled if an affidavit or declaration of use or excusable nonuse is not filed within the time period set forth in §8 of the Act (including the grace period). 15 U.S.C. §1058(a).  Untimely filing cannot be cured after expiration of the grace period, even with a deficiency surcharge. See TMEP §1604.04 regarding the deadline for filing the affidavit or declaration.