BitLaw

37 C.F.R. §2.63(b) Final refusal or requirement.

Upon review of a response, the examining attorney may state that the refusal(s) to register, or the requirement(s), is final.

• (1) If the examining attorney issues a final action that maintains any substantive refusal(s) to register, the applicant may respond by timely filing: (i) a request for reconsideration under paragraph (b)(3) of this section that seeks to overcome any substantive refusal(s) to register, and comply with any outstanding requirement(s), maintained in the final action; or (ii) an appeal to the Trademark Trial and Appeal Board under §§ 2.141 and 2.142.
• (2) If the examining attorney issues a final action that contains no substantive refusals to register, but maintains any requirement(s), the applicant may respond by timely filing: (i) a request for reconsideration under paragraph (b)(3) of this section that seeks to comply with any outstanding requirement(s) maintained in the final action; (ii) an appeal of the requirement(s) to the Trademark Trial and Appeal Board under §§ 2.141 and 2.142; or (iii) a petition to the Director under § 2.146 to review the requirement(s), if the subject matter of the requirement(s) is procedural, and therefore appropriate for petition.
• (3) Prior to the expiration of the time for filing an appeal or a petition, the applicant may file a request for reconsideration of the final action that seeks to overcome any substantive refusal(s) and/or comply with any outstanding requirement(s). Filing a request for reconsideration does not stay or extend the time for filing an appeal or petition. The Office will enter amendments accompanying requests for reconsideration after final action if the amendments comply with the rules of practice in trademark cases and the Act.
• (4) Filing a request for reconsideration that does not result in the withdrawal of all refusals and requirements, without the filing of a timely appeal or petition, will result in abandonment of the application for incomplete response, pursuant to § 2.65(a).