37 CFR 2.64 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Reinstatement of applications and registrations abandoned, cancelled, or expired due to Office error.

§ 2.64 Reinstatement of applications and registrations abandoned, cancelled, or expired due to Office error. (a) Request for Reinstatement of an Abandoned Application. The applicant may file a written request to reinstate an application abandoned due to Office error. There is no fee for a request for reinstatement. (1) Deadline. The applicant must file the request by not later than: (i) Two months after the issue date of the notice of abandonment; or (ii) Two months after the date of actual knowledge of the abandonment and not later than six months after the date the trademark electronic records system indicates that the application is abandoned, where the applicant declares under § 2.20 or 28 U.S.C. 1746 that it did not receive the notice of abandonment. (2) Requirements. A request to reinstate an application abandoned due to Office error must include: (i) Proof that a response to an Office action, a statement of use, or a request for extension of time to file a statement of use was timely filed and a copy of the relevant document; (ii) Proof of actual receipt by the Office of a response to an Office action, a statement of use, or a request for extension of time to file a statement of use and a copy of the relevant document; (iii) Proof that the Office processed a fee in connection with the filing at issue and a copy of the relevant document; (iv) Proof that the Office sent the Office action or notice of allowance to an address that is not the designated correspondence address; or (v) Other evidence, or factual information supported by a declaration under § 2.20 or 28 U.S.C. 1746, demonstrating Office error in abandoning the application. (b) Request for Reinstatement of Cancelled or Expired Registration. The registrant may file a written request to reinstate a registration cancelled or expired due to Office error. There is no fee for the request for reinstatement. (1) Deadline. The registrant must file the request by not later than: (i) Two months after the issue date of the notice of cancellation/expiration; or (ii) Where the registrant has timely filed an affidavit of use or excusable non-use under section 8 or 71 of the Act, or a renewal application under section 9 of the Act, two months after the date of actual knowledge of the cancellation/expiration and not later than six months after the date the trademark electronic records system indicates that the registration is cancelled/expired, where the registrant declares under § 2.20 or 28 U.S.C. 1746 that it did not receive the notice of cancellation/expiration or where the Office did not issue a notice. (2) Requirements. A request to reinstate a registration cancelled/expired due to Office error must include: (i) Proof that an affidavit or declaration of use or excusable nonuse, a renewal application, or a response to an Office action was timely filed and a copy of the relevant document; (ii) Proof of actual receipt by the Office of an affidavit or declaration of use or excusable nonuse, a renewal application, or a response to an Office action and a copy of the relevant document; (iii) Proof that the Office processed a fee in connection with the filing at issue and a copy of the relevant document; (iv) Proof that the Office sent the Office action to an address that is not the designated correspondence address; or (v) Other evidence, or factual information supported by a declaration under § 2.20 or 28 U.S.C. 1746, demonstrating Office error in cancelling/expiring the registration. (c) Request for Reinstatement May be Construed as Petition. If an applicant or registrant is not entitled to reinstatement, a request for reinstatement may be construed as a petition to the Director under § 2.146 or a petition to revive under § 2.66, if appropriate. If the applicant or registrant is unable to meet the timeliness requirement under paragraphs (a)(1) or (b)(1) of this section for filing the request, the applicant or registrant may submit a petition to the Director under § 2.146(a)(5) to request a waiver of the rule. [82 FR 29407, June 29, 2017]