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 Code of Federal Regulations (Last Updated: November 8, 2024)
 Title 37 - Patents, Trademarks, and Copyrights
 Chapter I - United States Patent and Trademark Office, Department of Commerce
 SubChapter A - General
 Part 7 - Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
 Subpart F - Affidavit Under Section 71 of the Act for Extension of Protection to the United States

  § 7.40 - Petition to Director to review refusal.

Latest version.

  • § 7.40 Petition to Director to review refusal.

    Cross Reference
    Link to an amendment published at 86 FR 64334, 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 an amendment published at 88 FR 62460, Sept. 12, 2023.

    (a) A response to the examiner's initial refusal to accept an affidavit or declaration is required before filing a petition to the Director, unless the examiner directs otherwise. See § 7.39(b) for the deadline for responding to an examiner's Office action.

    (b) If the examiner maintains the refusal of the affidavit or declaration, the holder may file a petition to the Director to review the examiner's action. The petition must be filed within six months of the date of issuance of the action maintaining the refusal, or the Office will cancel the registration.

    (c) A decision by the Director is necessary before filing an appeal or commencing a civil action in any court.

    [68 FR 55769, Sept. 26, 2003, as amended at 73 FR 67776, Nov. 17, 2008]