TMEP 1705.06: Stay or Suspension of Pending Matters

This is the October 2015 Edition of the TMEP

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1705.06    Stay or Suspension of Pending Matters

37 C.F.R. §2.146(g) (Extract)

The mere filing of a petition... will not act as a stay in any appeal or inter partes proceeding that is pending before the Trademark Trial and Appeal Board nor stay the period for replying to an Office action in an application except when a stay is specifically requested and is granted or when §§2.63(a) and (b) and 2.65(a) are applicable to an ex parte application.

Filing a petition does not stay the period for replying to an Office action, except when a stay is specifically requested and granted under 37 C.F.R. §2.146(g), or when 37 C.F.R. §§2.63(a) and (b) and 2.65(a) are applicable. Any request to stay a deadline for filing a response to an Office action or notice of appeal should be directed to the Office of the Deputy Commissioner for Trademark Examination Policy. If such a request is sent to the examining attorney, the examining attorney should forward it to the Office of the Deputy Commissioner for Trademark Examination Policy. If a stay has not been specifically requested and granted under 37 C.F.R. §2.146, the examining attorney must not suspend action on an application pending a decision on petition.

A request to suspend a proceeding before the Board pending a decision on petition should be directed to the Board. 37 C.F.R. §2.117(c); TBMP §510.03(a). See TBMP §§510–510.03(b), 1213 regarding suspension of Board proceedings.

Filing a petition to revive an application abandoned for failure to file a proper statement of use or request for an extension of time to file a statement of use does not stay the time for filing a statement of use or further extension request(s). See TMEP §1714.01(b)(i).