USPTO Seeks Comment on Proposed Rules For Reviving and Reinstating Dead Trademark Files | Practical Law

USPTO Seeks Comment on Proposed Rules For Reviving and Reinstating Dead Trademark Files | Practical Law

The US Patent and Trademark Office (USPTO) has proposed to amend rules concerning reviving abandoned trademark applications, reinstating abandoned applications and cancelled or expired trademark registrations, and submitting Petitions to the Director.

USPTO Seeks Comment on Proposed Rules For Reviving and Reinstating Dead Trademark Files

by Practical Law Intellectual Property & Technology
Published on 28 Oct 2016 • USA (National/Federal)
The US Patent and Trademark Office (USPTO) has proposed to amend rules concerning reviving abandoned trademark applications, reinstating abandoned applications and cancelled or expired trademark registrations, and submitting Petitions to the Director.
On October 28, 2016, the US Patent and Trademark Office (USPTO) proposed to amend rules concerning deadlines and procedures for:
  • The revival of abandoned trademark applications.
  • The reinstatement of abandoned applications and cancelled or expired trademark registrations.
  • Petitions to the Director.
(81 Fed. Reg. 74997 (Oct. 28, 2016)).
With the proposed amendments, the USPTO seeks to clarify and harmonize deadlines and codify existing practice. Significantly, the proposed timing changes make clear that applicants and registrants who do not exercise due diligence by checking the status of their filings every six months risk missing significant deadlines.
The USPTO said the amendments would help applicants, registrants, and the public by ensuring that the information in the USPTO's trademark electronic records system accurately reflects the status of live applications and registrations.
Interested parties may submit comments on the proposed rulemaking via email to [email protected] no later than December 27, 2016.