Customers Impacted By Hurricane Sandy

The Trademark Organization would like to offer assistance to our customers who have been impacted by the devastating effects of Hurricane Sandy.  If you are unable to file until after expiration of a filing deadline due to these extraordinary circumstances, please follow the guidance below.  If you would like to speak with someone about an issue, please contact the Office of the Deputy Commissioner for Trademark Examining and Policy at 571-272-8950, press 0, and ask to speak to the staff attorney on duty. 

To File Electronically:

You may use forms that are currently available.  If using a petition form, the necessary petition fees must be paid when submitting the form.  You may request a waiver of the petition fee in the form and after filing, please e-mail TEAS@uspto.gov with the serial number or registration number to expedite processing of your request. 

For Application-Related Filings:

1.  Responses to Examining Attorney Office Actions

Use the “Petition to Revive Abandoned Application – Failure to Respond Timely to Office Action” form.  The form can be located here: http://teas.uspto.gov/poa/.  The necessary petition fee must be paid when submitting the form. However, you may request a waiver of the petition fee, based on impact by the storm, and if the waiver is granted, the USPTO will refund the petition fee.  After filing, e-mail TEAS@uspto.gov with the serial number to expedite processing of your request and to request the fee waiver. 

NOTE: For responses to Intent to Use Office actions and Petition Deficiency Notices, please follow the instructions in 6. Other Filings below.

2.  Extensions of Time to File a Statement of Use

Use the “Petition to Revive Abandoned Application – Failure to File Timely Statement of Use or Extension Request” form.  The form can be located here: http://teas.uspto.gov/pse/.  The necessary petition fee must be paid when submitting the form.  However, you may request a waiver of the petition fee, based on impact by the storm, and if the waiver is granted, the USPTO will refund the petition fee.  After filing, e-mail TEAS@uspto.gov with the serial number to expedite processing of your request and to request the fee waiver.    

3.  Statements of Use

Use the “Petition to Revive Abandoned Application – Failure to File Timely Statement of Use or Extension Request” form.  The form can be located here: http://teas.uspto.gov/pse/.  The necessary petition fee and extension request fee(s) must be paid when submitting the form.  However, you may request a waiver of the petition fee, based on impact by the storm, and if the waiver is granted, the USPTO will refund the petition fee.  After filing, e-mail TEAS@uspto.gov with the serial number to expedite processing of your request and to request the fee waiver. 

NOTE: If you have missed your 36 month statutory deadline for filing a statement of use, the USPTO lacks authority to provide a further extension of time, and you will need to submit a new application at http://www.uspto.gov/trademarks/teas/initial_app.jsp.  After filing, please e-mail TEAS@uspto.gov with the new application serial number and request special handling of the new application.

4.  Late Petitions to Revive

If you are beyond the two month period after the notice of abandonment for filing a petition to revive, use the “Due Diligence Petition under Trademark Rule 2.66” form.  Please include an explanation of the reason for the delay in filing the petition.  The form can be located here: http://www.uspto.gov/trademarks/teas/petition_forms.jsp (form number 8). 

5.  New Applications with a Section 44(d) Priority Deadline or International Applications with a Madrid Priority Deadline 

Use the “Petition to the Director under Trademark Rule 2.146” form.  The delayed filing should be included within or as an attachment to the petition form and all minimum filing requirements must be met. The form can be located here: http://www.uspto.gov/trademarks/teas/petition_forms.jsp (form number 3). Please contact the Office of the Deputy Commissioner for Trademark Examining and Policy at 571-272-8950 for further assistance press 0, and ask to speak to the staff attorney on duty. 

6.  Other Filings 

For any other application-related filings where the deadline has been missed, use the “Petition to the Director under Trademark Rule 2.146” form.  The delayed filing should be included within or as an attachment to the petition form and all minimum filing requirements must be met.  The form can be located here: http://www.uspto.gov/trademarks/teas/petition_forms.jsp (form number 3). Please contact the Office of the Deputy Commissioner for Trademark Examining and Policy at 571-272-8950 for further assistance. 

For Post Registration Filings:

1.  Section 8 Affidavit of Use or Excusable Nonuse: 

For registrants who missed their deadline and are now in the grace period, use the “Declaration of Use and/or Excusable Nonuse of a Mark under Section 8” form.  The grace period fees must be paid and cannot be waived since they are required by the Trademark Act. 

NOTE: If you are outside of the grace period and have missed your statutory deadline for filing, the USPTO lacks authority to provide a further extension of time, and you will need to submit a new application at http://www.uspto.gov/trademarks/teas/initial_app.jsp.  After filing the new application, please use the “Request to Make Special” form at http://www.uspto.gov/trademarks/teas/petition_forms.jsp (form number 6) and e-mail TEAS@uspto.gov with the new serial number to expedite processing of your request. 

2.  Combined Section 8 Affidavit of Use or Excusable Nonuse and Section 9 Renewal 

For registrants who missed their deadline and are now in the grace period, use the “Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal under Sections 8 & 9” form.  The grace period fees must be paid and cannot be waived since they are required by the Trademark Act. 

NOTE: If you are outside of the grace period and missed your statutory deadline for filing, the USPTO lacks authority to provide a further extension of time, and you will need to submit a new application at http://www.uspto.gov/trademarks/teas/initial_app.jsp.  After filing the new application, please use the Request to Make Special form at http://www.uspto.gov/trademarks/teas/petition_forms.jsp (form number 6) and e-mail TEAS@uspto.gov with the new application serial number to expedite processing of your request.

3.  Section 71 Affidavit of Use or Excusable Nonuse for Madrid Extensions of Protection 

For registrants who missed their deadline and are now in the grace period, use the “Declaration of Use and Excusable Nonuse under Section 71” form.  The grace period fees must be paid and cannot be waived since they are required by the Trademark Act. 

NOTE: If you are outside of the grace period and missed your statutory deadline for filing, to re-designate the United States for extension of protection of your International Registration, you may file a subsequent designation with the International Bureau of the World Intellectual Property Organization (WIPO).  For more information on subsequent designation, please see WIPO’s website http://www.wipo.int/madrid/en/filing/subsequent_designation.html.

4.  Other Filings 

For any other post registration related filings where the deadline has been missed, use the “Petition to the Director under Trademark Rule 2.146” form.  The delayed filing should be included within or as an attachment to the petition form and all minimum filing requirements must be met.  The form can be located here: http://www.uspto.gov/trademarks/teas/petition_forms.jsp (form number 3). Please contact the Office of the Deputy Commissioner for Trademark Examining and Policy at 571-272-8950 for further assistance. 

To File by Paper:

Customers may submit their filing on paper.  Please see the guidance posted at http://www.uspto.gov/trademarks/teas/TEAS_outage.jsp.  Generally, the filing date of the document is the date the document is received by the USPTO, unless use of a certificate of mailing allows for an earlier filing date.  Please contact the Office of the Deputy Commissioner for Trademark Examining and Policy at 571-272-8950, press 0, and ask to speak to the staff attorney on duty for further assistance.

Note:  For Express Mail Filers - The USPTO may designate the interruption in service of the United States Postal Service (USPS) in the areas affected by Hurricane Sandy as a postal service interruption and emergency within the meaning of 35 U.S.C. § 21(a) and 37 CFR 1.10(i) and 2.195(e). A further posting concerning this will follow.

Contact TEAS for Technical Assistance:

If you require any additional technical assistance with filing, e-mail TEAS@uspto.gov.  Please include:  (1) your name; (2) telephone number; (3) application serial number or registration number; (4) a description of your issue, including the name of the TEAS form you are having problems with (e.g., Response to Office Action Form, Request for Extension of Time to File a Statement of Use, etc.).