[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: 37CFR2.65] [Page 277-278] TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS DEPARTMENT OF COMMERCE PART 2--RULES OF PRACTICE IN TRADEMARK CASES--Table of Contents Sec. 2.65 Abandonment. (a) If an applicant fails to respond, or to respond completely, within six months after the date an action is mailed, the application shall be deemed to have been abandoned. A timely petition to the Commissioner pursuant to Secs. 2.63(b) and 2.146 is a response which avoids abandonment of an application. (b) When action by the applicant filed within the six-month response period is a bona fide attempt to advance the examination of the application and is substantially a complete response to the examiner's action, but consideration of some matter or compliance with some requirement has been inadvertently omitted, opportunity to explain and supply the omission may be given before the question of abandonment is considered. (c) If an applicant in an application under section 1(b) of the Act fails to timely file a statement of use under [[Page 278]] Sec. 2.88, the application shall be deemed to be abandoned. [48 FR 23134, May 23, 1983, as amended at 54 FR 37592, Sept. 11, 1989]