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.