Trademark Manual of Examining Procedure (TMEP)
Chapter 1700: Petitions, Requests for Reinstatement, and Other Matters Submitted to Director

October 2015 Edition of the TMEP
TMEP Chapter Index

Chapter 1700: Petitions, Requests for Reinstatement, and Other Matters Submitted to Director

1701: Statutory Authority of Director Chapter 1700 Petitions, Requests for Reinstatement, and Other Matters Submitted to Director

1702: Petitions to the Director Under 37 C.F.R. §2.146 - In General

1703: Specific Types of Petitions

1704: Petitionable Subject Matter

1705: Petition Procedure

1705.01: Standing

1705.02: Petition Fee

1705.03: Evidence and Proof of Facts

1705.04: Timeliness

1705.05: Due Diligence

1705.06: Stay or Suspension of Pending Matters

1705.07: Signature of Petition

1705.08: Request for Reconsideration of Denial of Petition

1705.09: Appeal to Federal Court

1706: Standard of Review on Petition

1707: Director’s Supervisory Authority Under 37 C.F.R. §2.146(a)(3)

1708: Waiver of Rules

1709: Matters Delegated by Director

1710: Petition to Make Special

1710.01: Basis for Granting or Denying Petition

1710.02: Processing Petition

1711: Review of Denial of Filing Dates

1712: Reinstatement of Applications and Registrations

1712.01: Reinstatement of Applications Abandoned Due to Office Error

1712.02: Reinstatement of Registrations Cancelled or Expired

1712.02(a): Request for Reinstatement Due to Office Error

1712.02(b): Formal Petition

1713: Petition to Reverse Holding of Abandonment for Incomplete Response

1713.01: Standard of Review

1713.02: Failure to Respond to Notice of Incomplete Response or Denial of Request for Reconsideration with No Appeal Filed

1714: Petition to Revive Abandoned Application

1714.01: Procedural Requirements for Filing Petition to Revive

1714.01(a): Failure to Timely Respond to an Examining Attorney’s Office Action

1714.01(a)(i): Response to Nonfinal Office Action

1714.01(a)(ii): Response to Final Office Action

1714.01(b): Failure to File a Statement of Use or Extension Request - Notice of Allowance Received

1714.01(b)(i): Applicant Must File Statement of Use or Further Extension Requests During Pendency of a Petition

1714.01(c): Notice of Allowance Not Received

1714.01(d): Timeliness and Diligence

1714.01(e): Signed Statement that Delay Was Unintentional

1714.01(f): Applicability of Unintentional Delay Standard

1714.01(f)(i): Situations Where the Unintentional Delay Standard Applies

1714.01(f)(ii): Situations Where the Unintentional Delay Standard Does Not Apply

1714.01(f)(ii)(A): Examining Attorney’s Holding of Abandonment for Failure to File Complete Response to Office Action

1700: -1 October 2015

1714.01(f)(ii)(B): Examining Attorney’s Refusal of Registration on Ground That Applicant Did Not Meet Statutory Requirements Before Expiration of Deadline for Filing Statement of Use

1714.01(f)(ii)(C): Goods/Services Omitted from Statement of Use or Request for Extension of Time to File a Statement of Use

1714.01(f)(ii)(D): Registered Marks

1714.01(f)(ii)(E): Dismissal of Appeal for Failure to File a Brief

1714.01(g): Request for Reconsideration of Denial of Petition to Revive

1715: Letters of Protest in Pending Applications

1715.01: Appropriate and Inappropriate Subjects to Be Raised in Letter of Protest

1715.01(a): Issues Appropriate as Subjects of Letters of Protest

1715.01(b): Issues Inappropriate as Subjects of Letters of Protest

1715.02: Letter of Protest Filed Before Publication

1715.02(a): Standard of Review for Letter of Protest Filed Before Publication

1715.02(b): Action by Examining Attorney Before Publication

1715.03: Letters of Protest Filed on the Date of Publication or After Publication

1715.03(a): Standard of Review for Letters of Protest Filed on the Date of Publication or After Publication

1715.03(b): Timely Filing of Letter of Protest

1715.03(c): Jurisdiction of Application when a Letter of Protest Is Accepted After Publication

1715.03(d): Action by Examining Attorney After Publication

1715.03(e): Letter of Protest Does Not Stay or Extend Opposition Period

1715.04: Information for Parties Filing Letter of Protest

1715.04(a): Submitting a Letter of Protest

1715.04(b): Tracking of Letter of Protest by the Protestor

1715.05: Requests for Copy of Letter of Protest

1715.06: Recourse After Denial of Letter of Protest