[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR2.63]

[Page 277]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 2--RULES OF PRACTICE IN TRADEMARK CASES--Table of Contents
 
Sec. 2.63  Reexamination.

    (a) After response by the applicant, the application will be 
reexamined or reconsidered. If registration is again refused or any 
formal requirement[s] is repeated, but the examiner's action is not 
stated to be final, the applicant may respond again.
    (b) After reexamination the applicant may respond by filing a timely 
petition to the Commissioner for relief from a formal requirement if: 
(1) The requirement is repeated, but the examiner's action is not made 
final, and the subject matter of the requirement is appropriate for 
petition to the Commissioner (see Sec. 2.146(b)); or (2) the examiner's 
action is made final and such action is limited to subject matter 
appropriate for petition to the Commissioner. If the petition is denied, 
the applicant shall have until six months from the date of the Office 
action which repeated the requirement or made it final or thirty days 
from the date of the decision on the petition, whichever date is later, 
to comply with the requirement. A formal requirement which is the 
subject of a petition decided by the Commissioner may not subsequently 
be the subject of an appeal to the Trademark Trial and Appeal Board.

[48 FR 23134, May 23, 1983]