CARES Act Modifies Certain Trademark Filing Deadlines


Pursuant to the authority granted the Director of the United States Patent and Trademark Office ("USPTO") by the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), the due dates for certain USPTO trademark filings have been extended.  The extension applies to any of the following which were due to be filed between March 27, 2020 and April 30, 2020: 

  1. Response to an Office action, including a notice of appeal from a final refusal, under 15 U.S.C. §1062(b);
  2. Statement of use or request for extension of time to file a statement of use under 15 U.S.C. § 1051(d);
  3. Notice of opposition or request for extension of time to file a notice of opposition under 15 U.S.C. § 1063(a);
  4. Priority filing basis under 15 U.S.C. § 1126(d)(1);
  5. Priority filing basis under 15 U.S.C. § 1141g;
  6. Transformation of an extension of protection to the United States into a U.S. application under 15 U.S.C. § 1141j(c);
  7. Affidavit of use or excusable nonuse under 15 U.S.C. § 1058(a);
  8. Renewal application under 15 U.S.C. § 1059(a);
  9. Affidavit of use or excusable nonuse under 15 U.S.C. § 1141k(a).

The due date for any of the above is extended 30 days from the initial due date, provided that the filing is accompanied a statement that the delay in filing or payment was due to the COVID-19 outbreak.  In order for the delay to be due to the COVID-19 outbreak, the  practitioner, applicant, registrant, or other person associated with the filing or fee must be personally affected by the COVID-19 outbreak, including, without limitation, 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.

The USPTO remains open for the filing of trademark documents and fees.  It continues to evaluate the evolving situation around COVID-19 and the impact on the USPTO's operations and stakeholders.  Vandeventer Black also remains open and ready to assist its clients with all their intellectual property needs at this time.

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