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USPTO [Further] Extends Deadlines for Trademark Filings
Updated April 29, 2020
In accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) previously provided a 30-day extension of time to file certain trademark-related documents and to pay certain fees that otherwise would have been due between March 27 and April 30, 2020. In a notice on April 28, the USPTO expanded that relief and further extended the time for those filings. Under the latest notice, those trademark-related documents and fees that otherwise would have been due between March 27 and May 31, 2020, will be considered timely if filed on or before June 1, 2020.
On March 13, 2020, the president declared a national emergency under the National Emergencies Act as a result of the COVID-19 outbreak. The director of the USPTO has determined that the emergency has prejudiced the rights of trademark applicants, registrants, owners, or others appearing before the Office in trademark-related matters, and has prevented them from filing a document or paying a fee with the Office. Among other things, the spread of the virus has significantly disrupted the operations of numerous businesses and law firms. Accordingly, a person who is unable to meet trademark-related deadlines due to the COVID-19 outbreak may be eligible for a waiver, as further described below.
While the USPTO remains open for the filing of documents and the payment of fees, the deadlines for the following types of filings may be extended without penalty if the delays are attributable to COVID-19:
- response to an Office Action, including a Notice of Appeal from a final refusal;
- Statement of Use or request for extension of time to file a Statement of Use;
- Notice of Opposition or request for extension of time to file a Notice of Opposition;
- Affidavit of Use or excusable nonuse;
- renewal application; or
- Affidavit of Use or excusable nonuse.
The above list is limited to filings with due dates between March 27 and May 31, 2020. These filings will be considered timely if filed on or before June 1, 2020, provided that the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak.
If you have been adversely affected by COVID-19 and have a trademark filing due between March 27 and May 31, 2020, please contact one of the members of the Chambliss Intellectual Property section to discuss your next steps.
UPDATE: April 29, 2020 – This post was originally published on April 2, 2020, and has been updated to reflect revised deadlines issued by the U.S. Patent and Trademark Office on April 28, 2020.
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The material in this publication was created as of the date set forth above and is based on laws, court decisions, administrative rulings, and congressional materials that existed at that time, and should not be construed as legal advice or legal opinions on specific facts. In some cases, the underlying legal information is changing quickly in light of the COVID-19 pandemic. The information in this publication is not intended to create, and the transmission and receipt of it does not constitute, a lawyer-client relationship. Please contact your legal counsel for advice regarding specific situations.
