TMEP 1604.18(a): Response to Examiner’s Refusal Required Before Petition

October 2017 Edition of the TMEP

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1604.18(a)    Response to Examiner’s Refusal Required Before Petition

A response to the initial refusal to accept an affidavit or declaration is required before filing a petition, unless the Post Registration staff directs otherwise or there is no time remaining to respond to the refusal. 37 C.F.R. §2.165(a).

If the Post Registration staff continues the refusal to accept the affidavit or declaration, the owner may file a petition for review of the action under 37 C.F.R. §2.146(a)(2) within six months of the issuance date. See TMEP §1705.04. If the owner does not file a petition within six months, the registration will be cancelled. 37 C.F.R. §2.165(b).