Trademark Manual of Examining Procedure (TMEP)
Chapter 1700: Petitions, Requests for Reinstatement, and Other Matters Submitted to Director
October 2017 Edition of the TMEP
Chapter 1700: Petitions, Requests for Reinstatement, and Other Matters Submitted to Director
1701: Statutory Authority of Director
1702: Petitions to the Director Under
1703: Specific Types of Petitions
1704: Petitionable Subject Matter
1705: Petition Procedure
1705.01: Standing
1705.02: Petition Fee
1705.03: Evidence and Proof of Facts
1705.04: Timeliness
1705.05: Due Diligence
1705.06: Stay or Suspension of Pending Matters
1705.07: Signature of Petition
1705.08: Request for Reconsideration of Denial of Petition
1705.09: Appeal to Federal Court
1706: Standard of Review on Petition
1707: Director’s Supervisory Authority Under
1708: Waiver of Rules
1709: Matters Delegated by Director
1710: Petition to Make Special
1710.01: Basis for Granting or Denying Petition
1710.02: Processing Petition
1711: Review of Denial of Filing Dates
1712: Reinstatement of Applications and Registrations
1712.01: Reinstatement of Applications Abandoned Due to Office Error
1712.02: Reinstatement of Registrations Cancelled or Expired
1712.02(a): Request for Reinstatement Due to Office Error
1712.02(b): Formal Petition
1712.02(b)(i): Time for Filing Petition
1712.02(b)(ii): Standard of Review
1712.02(b)(iii): No Authority to Waive Statutory Requirements
1713: Petition to Reverse Holding of Abandonment for Incomplete Response
1713.01: Standard of Review
1713.02: Failure to Respond to Notice of Incomplete Response or Denial of Request for Reconsideration with No Appeal Filed
1714: Petition to Revive Abandoned Application
1714.01: Procedural Requirements for Filing Petition to Revive
1714.01(a): Failure to Timely Respond to an Examining Attorney’s Office Action
1714.01(a)(i): Response to Nonfinal Office Action
1714.01(a)(ii): Response to Final Office Action
1714.01(b): Failure to File a Statement of Use or Extension Request - Notice of Allowance Received
1714.01(b)(i): Applicant Must File Statement of Use or Further Extension Requests During Pendency of a Petition
1714.01(c): Notice of Allowance Not Received
1714.01(d): Timeliness
1714.01(e): Signed Statement that Delay Was Unintentional
1714.01(f): Applicability of Unintentional Delay Standard
1714.01(f)(i): Situations Where the Unintentional Delay Standard Applies
1714.01(f)(ii): Situations Where the Unintentional Delay Standard Does Not Apply
1714.01(f)(ii)(A): Examining Attorney’s Holding of Abandonment for Failure to File Complete Response to Office Action
1714.01(f)(ii)(B): Examining Attorney’s Refusal of Registration on Ground That Applicant Did Not Meet Statutory Requirements Before Expiration of Deadline for Filing Statement of Use
1714.01(f)(ii)(C): Goods/Services Omitted from Statement of Use or Request for Extension of Time to File a Statement of Use
1714.01(f)(ii)(D): Registered Marks
1714.01(f)(ii)(E): Dismissal of Appeal for Failure to File a Brief
1714.01(g): Request for Reconsideration of Denial of Petition to Revive
1715: Letters of Protest in Pending Applications
1715.01: Appropriate and Inappropriate Subjects to Be Raised in Letter of Protest
1715.01(a): Issues Appropriate as Subjects of Letters of Protest
1715.01(b): Issues Inappropriate as Subjects of Letters of Protest
1715.02: Letter of Protest Filed Before Publication
1715.02(a): Standard of Review for Letter of Protest Filed Before Publication
1715.02(b): Action by Examining Attorney Before Publication
1715.03: Letters of Protest Filed on the Date of Publication or After Publication
1715.03(a): Standard of Review for Letters of Protest Filed on the Date of Publication or After Publication
1715.03(b): Timely Filing of Letter of Protest
1715.03(c): Jurisdiction of Application when a Letter of Protest Is Accepted After Publication
1715.03(d): Action by Examining Attorney After Publication
1715.03(e): Letter of Protest Does Not Stay or Extend Opposition Period
1715.04: Information for Parties Filing Letter of Protest
1715.04(a): Types of Evidence Appropriate for Letter of Protest
1715.04(b): Amount and Format of Evidence for Letter of Protest
1715.04(c): Trademark Trial and Appeal Board Proceedings
1715.05: Requests for Copy of Letter of Protest
1715.06: Recourse After Denial of Letter of Protest