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Chapter 1700: Petitions, Requests for Reinstatement, and Other Matters Submitted to Director

1701: Statutory Authority of Director

1702: Petitions to the Director Under 37 C.F.R. §2.146 - In General

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: Requirement for Representation and Signature

1705.07(a): Requirement for Representation of Non-U.S.-domiciled Petitioner

1705.07(b): 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 37 C.F.R. §2.146(a)(3)

1708: Waiver of Rules

1708.01: Petition to Waive Domicile Address Requirement

1709: Petitions to the Director Under 37 C.F.R. §2.147 to Accept Paper Submissions

1709.01: TEAS Unavailable on the Date of Filing Deadline

1709.01(a): TEAS Unavailable Due to Widespread or Lengthy USPTO System Outage

1709.01(b): TEAS Unavailable Due to Limited or Short-term USPTO System Outage or User’s System Outage

1709.02: Certain Paper Submissions with Statutory Deadlines

1709.03: Extraordinary Situation

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 USPTO Error

1712.02: Reinstatement of Registrations Cancelled or Expired

1712.02(a): Request for Reinstatement Due to USPTO Error

1712.02(b): Petition to Reinstate a Cancelled Registration and Accept a Late Response to a Post Registration Office Action

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 of Application 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): Holding of Abandonment of an Application for Incomplete Response

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 Against 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: Timely Filing of Letter of Protest

1715.03: Letter of Protest Filed Before Publication

1715.03(a): Standard of Review for Letter of Protest Filed Before Publication

1715.03(b): Action by Examining Attorney Before Publication

1715.04: Letters of Protest Filed on the Date of Publication or After Publication

1715.04(a): Standard of Review for Letters of Protest Filed on the Date of Publication or After Publication

1715.04(b): Jurisdiction of Application After Publication

1715.04(c): Action by Examining Attorney After Publication

1715.04(d): Letter of Protest Does Not Stay or Extend Opposition Period

1715.05: Information for Parties Filing Letter of Protest

1715.05(a): Types of Evidence Appropriate for Letter of Protest

1715.05(b): Amount and Format of Evidence for Letter of Protest

1715.05(c): Letter-of-Protest Evidence – Trademark Trial and Appeal Board Proceedings

1715.06: Requests for Copy of Letter of Protest

1715.07: Recourse if Letter of Protest Submission is Determined to be Noncompliant

1716: Petitions for Expungement or Reexamination

1716.01: Timing for Requesting and Instituting Expungement or Reexamination Proceedings

1716.02: Petitions to Request Expungement or Reexamination

1716.02(a): Basis for the Petition

1716.02(b): Requirements for a Complete Petition

1716.02(c): Reasonable Investigation Requirement

1716.02(c)(i): Definition of Reasonable Investigation

1716.02(c)(ii): Sources of Information and Evidence

1716.02(d): Notice of Petition for Expungement or Reexamination

1716.03: Instituting Expungement and Reexamination Proceedings

1716.03(a): Prima Facie Case of Nonuse

1716.03(b): Consolidating Proceedings

1716.04: Procedures for Expungement and Reexamination Proceedings

1716.04(a): Notice of Institution and Office Action

1716.04(b): Responding to the Initial Office Action

1716.04(c): Evidence of Use or Excusable Nonuse

1716.04(d): Deleting Goods and/or Services or Surrendering the Registration

1716.04(e): Final Action and Notice of Termination

1716.04(f): Requesting Reinstatement After Cancellation for Failure to Respond

1716.04(g): Estoppel

1716.04(h): Co-pending Proceedings