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COVID-19 Extensions for Trademark Office 

by William P. Smith

Published: April, 2020

Submission: April, 2020

 



In response to the COVID-19 pandemic, the Director of the U.S. Patent and Trademark Office authorized relief for trademark applicants, registrants, and parties to Trademark Trial and Appeals Board ("TTAB") proceedings. The Notice of Waiver provides a 30-day extension of time from the initial date it was due, for deadlines falling between March 27, 2020 and April 30, 2020. The filing must include a statement that the delay in filing or payment was due to the COVID-19 outbreak. Extensions apply to the following due dates:
  1. Response to Office action or notice of appeal
  2. Statement of use or extension of time for same
  3. Notice of opposition or extension of time to file a notice of opposition
  4. Priority filings basis for foreign national or Madrid Protocol trademarks
  5. Affidavit of use
  6. Renewal application
 
Any delay in filing or payment caused by the COVID-19 outbreak for a practitioner, applicant, registrant, or other related person associated who was personally affected by the COVID-19 outbreak, through office closures, cash flow interruptions, inaccessibility of files or other materials, travel delays, personal or family illness, or similar circumstances, such that the outbreak materially interfered with timely filing or payment, will be covered by the extension.
 
For all other situations where the COVID-19 outbreak has prevented or interfered with a filing before the TTAB, a request or motion for an extension or reopening of time, as appropriate, can be presented.
 
In the meantime the USPTO is open for the filing of trademark and TTAB documents and fees. The waiver is available only if the delay was due to the COVID-19 outbreak. The full text of the official notice can be found here.

If you have any questions, please contact our COVID-19 Task Force or our Intellectual Property Practice Group.
 
 

 



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