§ 2.163 - Acknowledgment of receipt of affidavit or declaration.

§ 2.163 Acknowledgment of receipt of affidavit or declaration.

Cross Reference

Link to an amendment published at 86 FR 64332, Nov. 17, 2021.

Cross Reference

Link to a delay of the above amendment published at 87 FR 62032, Oct. 13, 2022.

Cross Reference

Link to a delay of the above amendment published at 88 FR 62460, Sept. 12, 2023.

The Office will issue a notice as to whether an affidavit or declaration is acceptable, or the reasons for refusal.

(a) If the affidavit or declaration is filed within the time periods set forth in section 8 of the Act, deficiencies may be corrected after notification from the Office if the requirements of § 2.164 are met.

(b) A response to the refusal must be filed within six months of the date of issuance of the Office action, or before the end of the filing period set forth in section 8(a) of the Act, whichever is later. The response must be signed by the owner, someone with legal authority to bind the owner (e.g., a corporate officer or general partner of a partnership), or a practitioner qualified to practice under § 11.14 of this chapter, in accordance with the requirements of § 2.193(e)(2).

(c) If no response is filed within this time period, the registration will be cancelled, unless time remains in the grace period under section 8(a)(3) of the Act. If time remains in the grace period, the owner may file a complete, new affidavit.

[75 FR 35976, June 24, 2010, as amended at 76 FR 69133, Nov. 8, 2011]