Proposal not to make planned changes to post-registration response deadlines
The United States Patent and Trademark Office (USPTO) is proposing to retain current response deadlines for post-registration office actions. The Trademark Modernization Act of 2020 provided the USPTO with the authority to establish new response periods and extensions in the examination of post-registration filings. We postponed implementing this post-registration change in a final rule published in September 2023. We did, however, continue studying the proposition.
Upon further examination, we’ve determined that a significant portion of trademark owners would not be subject to the shortened response period. Additionally, we believe the new deadlines could confuse registrants and lead them to file unnecessary extension requests. If registrants do not calculate deadlines correctly, their registrations could be unintentionally canceled. Consequently, we believe that any potential benefit from the shortened response periods is minimal, while potential confusion is likely.
Under this new proposal, the current response period will stay the same. The current response period is either six months or the end of the one-year period for filing the relevant maintenance document, whichever is later.
“We welcome feedback from trademark customers on post-registration response deadlines as we continue to evaluate our procedures for the benefit of the trademark community,” said Under Secretary of Commerce and Director of the USPTO Kathi Vidal. “We are working to build a strong and sustainable trademark system for businesses and entrepreneurs throughout the United States.”
We welcome public comments on this proposal. Written comments are due by August 19, 2024. You can submit comments electronically.
For details and instructions on how to provide feedback, please refer to our Federal Register notice.
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