TMEP 1712.02(b)(i): Time for Filing Petition

October 2017 Edition of the TMEP

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1712.02(b)(i)    Time for Filing Petition

Pursuant to 37 C.F.R. §2.146(d)(1), the petition must be filed by not later than two months after the issue date of the cancellation/expiration notice.  If the registrant did not receive the cancellation/expiration notice, or no notice was issued, the petition must be filed by not later than two months after the date of actual knowledge of the cancellation/expiration of the registration and not later than six months after the date the trademark electronic records system indicates that the registration is cancelled/expired. See 37 C.F.R. §2.146(d)(2). See TMEP §§1705.04 and 1705.05 regarding timeliness and diligence.