Decisions on Trademark Petitions to Director

This page provides notice to the public of petition decisions issued under Trademark Rule 2.146.

You can file a Petition to Director for a number of reasons. For example, you may file a petition if an extraordinary situation prevents you from complying with a Trademark Rule of Practice, or you would like a review of a procedural action taken on your application or registration. Petitions generally do not include reviews of substantive issues during examination. For more information, see the Trademark Manual of Examining Procedure (TMEP) §1702.

Decisions dated before 2018 cover representative decisions on routine issues. Decisions from 2018 and later will cover only new or complex legal issues, or unusual factual situations. We will post any new decisions on novel issues as they are issued. Each month we will also post a list of all petition decisions by serial number.

These decisions are not precedential.

Petitions to review action of examining attorney

To read a decision, click on the serial number or registration number. You will be taken to the Trademark Status and Document Retrieval record for that file. In the document description column, click on “Petition to Director Denied” or “Petition to Director Granted” (as applicable).

Type of petition	Issue	Date of decision	Decision	Serial no.
Withdraw examining attorney’s holding of abandonment for incomplete response	Identification of goods and/or services	September 19, 2018	Denied	87206768
Withdraw examining attorney’s holding of abandonment for incomplete response	Response improperly signed	July 17, 2017	Granted	79183822
Withdraw examining attorney’s holding of abandonment for incomplete response	Response properly signed – evidence on petition	April 25, 2017	Granted	86650576
Withdraw examining attorney’s holding of abandonment for incomplete response	Request for reconsideration improperly signed	March 30, 2017	Denied	86597714
Withdraw examining attorney’s holding of abandonment for incomplete response	Request for reconsideration with no notice of appeal	June 28, 2017	Denied	86108857
Withdraw examining attorney’s holding of abandonment for incomplete response	Unverified substitute specimen - substantial compliance	Oct. 4, 2016	Granted	86629781
Review examining attorney’s final refusal/repeated requirement	Examining attorney’s re-suspension	Sept. 9, 2015	Denied	86407623
Review examining attorney’s final refusal/repeated requirement	Examining attorney’s ID requirement	Oct. 30, 2013	Denied	85200763

Petitions to review action of post-registration specialist

Type of petition	Issue	Date of decision	Decision	Serial no.
Review post-registration refusal of Section 8/71 filing	Accept substitute specimen on petition – Post Registration Audit	September 18, 2018	Granted	77300049
Review post-registration refusal of Section 8/71 filing	Accept substitute specimen on petition	June 7, 2017	Granted	77692509
Review post-registration refusal of Section 8/71 filing	Excusable nonuse claim is unacceptable	March 22, 2016	Denied	78304481
Review post-registration refusal of Section 8/71 filing	Accept ownership information on petition	July 25, 2017	Granted	76652129
Review post-registration refusal of Section 7 filing	Mark amendment is material alteration	Sept. 7, 2016	Denied	73426395
Review post-registration refusal of Section 7 filing	Mark amendment is not material alteration	Dec. 4, 2013	Granted	71637153

Petitions to reinstate a canceled registration

Type of petition	Issue	Date of decision	Decision	Serial no.
Reinstate canceled registration and accept late response to office action	Failure to receive office action is extraordinary	April 16, 2016	Granted	77164165
Reinstate canceled registration and accept late response to office action	No extraordinary situation	Dec. 14, 2016	Denied	77579503

Petitions to waive a trademark rule

Type of petition	Issue	Date of decision	Decision	Serial no.
Allow multiple renditions of three-dimensional marks	Multiple renditions allowed	Sept. 9, 2015	Granted	86477833
Allow post-registration amendment to identification based on technology evolution	Amendment allowed	Sept. 30, 2016	Granted	73526383
Reopen prosecution after decision on appeal	Cited registration in grace period	June 28, 2017	Denied	85677459
Expunge or redact information from the record	Expunge personal correspondence information	Jan. 26, 2017	Denied	87051191
Expunge or redact information from the record	Expunge assignment records	Feb. 3, 2016	Granted	77513630
Expunge or redact information from the record	Expunge and redact specimen	Sept. 30, 2015	Granted	86637920
Waive a trademark rule (miscellaneous)	No SOU filed within 36 months	March 18, 2016	Denied	85367148

Petitions to exercise supervisory authority

Type of petition	Issue	Date of decision	Decision	Serial no.
TTAB-related	Accept amendment to Supplemental Register after termination of ex parte appeal	January 9, 2018	Granted	86718537
Exercise supervisory authority (miscellaneous)	Add concurrent use statement to registration	April 26, 2017	Granted	86585170
Exercise supervisory authority (miscellaneous)	Reinsert goods deleted from Section 8 filing	Jan. 25 2017	Denied	77977573
Abandon Section 15 filing	Abandon Section 15 with no refund	March 10, 2015	Granted	77297731

Requests for reconsideration of denial of petition to Director

Type of petition	Issue	Date of decision	Decision	Serial no.
Request for reconsideration of denial of petition to Director	Failure to file timely Notice of Appeal	April 30, 2014	Denied	77628093

Monthly decisions by serial number

To read a decision:

Go to the Trademark Status and Document Retrieval system.
Enter the serial number in the field.
Click the blue "Documents" tab.
In the document description column, click on “Petition to Director Denied” or “Petition to Director Granted” (as applicable).