In Intellectual Property, Law Blog, Patents and Trademarks

Using the temporary authority granted to it under the recently passed Coronavirus Aid, Relief, and Economic Security Act (CARES Act) signed by the President on March 27, the United States Patent and Trademark Office is extending certain filing and fee payment deadlines. Any of the below trademark-related deadlines which would have otherwise fallen between March 27, 2020 and April 30, 2020, have been extended by thirty (30) days from the initial due date, so long as the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak.

  • 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;
  • Priority filing basis under either 15 U.S.C. 1126(d)(1), or 1141g;
  • Transformation of an extension of protection to the United States into a U.S. application:
  • Affidavit of use or excusable nonuse under 15 U.S.C. 1058(a);
  • Renewal application;
  • Affidavit of use or excusable nonuse under 15 U.S.C. 1141k(a).

Notably, the accompanying statement must indicate that the filer was personally affected by the COVID-19 outbreak, including 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.

While we are pleased that the USPTO has adopted these procedures, due to the uncertainty of how this will ultimately be implemented/handled internally at the USPTO, we strongly encourage our clients to continue to make timely filings, where possible. Please note, we remain at your disposal at any time to assist with last minute filings or questions.

The USPTO’s official trademark notice can be found here.

The USPTO’s official patent notice can be found here.

For more information regarding how your deadlines may be affected by the COVID-19 outbreak, please contact us.

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