C.F.R. » Title 37 » CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › SUBCHAPTER A—GENERAL › PART 2—RULES OF PRACTICE IN TRADEMARK CASES

37 C.F.R. § 2.164

Correcting deficiencies in affidavit or declaration

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(a) If the affidavit or declaration is filed within the time periods set forth in section 8 of the Act, deficiencies may be corrected after notification from the Office, as follows:

(1) Correcting deficiencies in affidavits or declarations timely filed within the periods set forth in sections 8(a)(1) and 8(a)(2) of the Act. If the affidavit or declaration is timely filed within the relevant filing period set forth in section 8(a)(1) or section 8(a)(2) of the Act, deficiencies may be corrected before the end of this filing period without paying a deficiency surcharge. Deficiencies may be corrected after the end of this filing period with payment of the deficiency surcharge required by section 8(c) of the Act and § 2.6.

(2) Correcting deficiencies in affidavits or declarations filed during the grace period. If the affidavit or declaration is filed during the six-month grace period provided by section 8(a)(3) of the Act, deficiencies may be corrected before the expiration of the grace period without paying a deficiency surcharge. Deficiencies may be corrected after the expiration of the grace period with payment of the deficiency surcharge required by section 8(c) of the Act and § 2.6.

(b) If the affidavit or declaration is not filed within the time periods set forth in section 8 of the Act, the registration will be cancelled.

[75 FR 35976, June 24, 2010, as amended at 76 FR 69133, Nov. 8, 2011]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2007–2025 · leading case: Patsy's Italian Restaurant, Inc. v. Banas
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Patsy's Italian Restaurant, Inc. v. Banas (2007) nyed “” 37 C.F.R. § 2.164 (b). Pursuant to Section 8, 1.”
Bacardi & Company Limited v. Coke Morgan Stewart (2025) vaed “…period, with the payment of a deficiency surcharge.” Soc’y of Tribologists (citing 15 U.S.C. §§1058 (c), 1059(a); 37 C.F.R. §2.164 , 2.185; TMEP §§1604.17 and 1606.13). The Commissioner directed that the registration be reinstated and forwarded to the Post-Registration…”
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