1714.01(f)(ii)(D) Registered Marks
Trademark Rule 2.66 applies only to abandoned applications, not to registered marks. If a registrant fails to timely respond to an Office action regarding a §8 affidavit, §71 affidavit, or §9 renewal application, the registrant may file a petition to the Director under 37 C.F.R. §§2.146(a)(5) and 2.148 to waive a rule and accept a late response. However, the Director will waive a rule only in an extraordinary situation, where justice requires, and no other party is injured. The Director has no authority to waive a statutory requirement. See TMEP §1708 regarding the waiver of rules. Failure to receive the post registration Office action may be considered an extraordinary situation.
See TMEP §§1712.02–1712.02(b) regarding requests to reinstate cancelled or expired registrations.