TMEP 716.02: Circumstances Under Which Action May Be Suspended

This is the October 2015 Edition of the TMEP

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716.02    Circumstances Under Which Action May Be Suspended

Under 37 C.F.R. §2.67, an examining attorney has the discretion to suspend an application “for good and sufficient cause.” The most common reasons for suspension of an application are discussed below.

As a general rule, the USPTO will not suspend an application to give an applicant time to secure a consent agreement.

Any request to stay a deadline for responding to an Office action pending disposition of a petition to the Director should be directed to 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. The examining attorney should not suspend action on an application pending a decision on petition to the Director except upon express permission from the Office of the Deputy Commissioner for Trademark Examination Policy. See 37 C.F.R. §2.146(g); TMEP §1705.06.