TMEP 1705.09: Appeal to Federal Court

This is the October 2015 Edition of the TMEP

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1705.09    Appeal to Federal Court

Under 15 U.S.C. §§1071(a)(1), (b)(1) and 37 C.F.R. §§2.145(a), (c), a registrant who is adversely affected by the Director’s decision regarding a §8 affidavit, §71 affidavit, or §9 renewal application may appeal to the United States Court of Appeals for the Federal Circuit or commence a civil action for review of the decision on petition. 15 U.S.C. §§1071(a)(1), (b)(1); 37 C.F.R. §§2.145(a), (c).

Other types of Director’s decisions are not subject to appeal. See In re Marriott-Hot Shoppes, Inc., 411 F.2d 1025, 1028, 162 USPQ 106, 109–110 (C.C.P.A. 1969).

The deadline for filing an appeal or commencing a civil action is two months from the issuance date of the decision. 37 C.F.R. §2.145(d)(1). Under 37 C.F.R. §2.145(d)(2), one day is added to any two-month period that includes February 28.