1705.05 Due Diligence
Applicants and registrants are responsible for tracking the status of matters pending before the USPTO. It is reasonable to expect some notice from or action by the USPTO within six months of submitting a document in an application or registration. A party who has not received a notice or action from the USPTO within that time frame should promptly check the matter’s status and request corrective action if necessary.
Applicants and registrants can check the status of an application or registration through the Trademark Status and Document Retrieval ("TSDR") database on the USPTO website at http://tsdr.uspto.gov/, which is generally available 24 hours a day, seven days a week. The party should print the TSDR screen and place it in the party’s own file, in order to have a record of the status inquiry and the information learned.
A party who does not have access to the Internet can call the Trademark Assistance Center ("TAC") at (571) 272-9250 or (800) 786-9199 to determine the status or to obtain clarification about the status. After making a telephone status inquiry, a party should make a note in the party’s own file as to the date of the status inquiry and the information learned. No further documentation is required to establish that the status inquiry was made.
If a status inquiry reveals that a document submitted to the USPTO is not in the electronic record or was not received in the Office, that an Office action or notice was issued but not received by the applicant or registrant, that an application has been abandoned or a registration cancelled or expired, or that some other problem exists, corrective action should be promptly requested.
When further action by the USPTO is necessary, applicants and registrants should make a written request to TAC at TrademarkAssistanceCenter@uspto.gov and state the nature of the action to be taken. If an application has been abandoned, a petition to revive under 37 C.F.R §2.66 (if not due to Office error) or request for reinstatement under 37 C.F.R §2.64(a) (if due to Office error) should be filed through the Trademark Electronic Application System ("TEAS"). See TMEP §§1702–1708, 1713, 1714. If a registration has been cancelled or expired, a request for reinstatement under 37 C.F.R §2.64(b) (if due to Office error) or formal petition under 37 C.F.R. §2.146 (if not due to Office error) should be filed through TEAS. See TMEP §§1712–1712.02.
In all cases, petitions and requests for reinstatement will be denied if filed more than six months after the electronic record is updated to reflect that an application is abandoned or that a registration is cancelled or expired. 37 C.F.R. §§2.64(a)(1)(ii), (b)(1)(ii), 2.66(a)(2), 2.146(d)(2). This requirement removes any uncertainty in the Office’s assessment of whether an applicant or registrant was duly diligent in monitoring the status of an application or post-registration maintenance filing.
These deadlines also protect third parties who rely on the Trademark electronic record to determine whether a chosen mark is available for use or registration. For example, a third party may search USPTO records and understand that an earlier-filed potentially conflicting mark will not be revived or reinstated more than six months after the date the electronic record indicates that it was abandoned.