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. § 2.165

Petition to Director to review refusal

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Link to an amendment published at 86 FR 64332, Nov. 17, 2021.Link to a delay of the above amendment published at 87 FR 62032, Oct. 13, 2022.Link to a delay of the above amendment published at 88 FR 62463, Sept. 12, 2023.

(a) A response to the examiner's initial refusal to accept an affidavit or declaration is required before filing a petition to the Director, unless the examiner directs otherwise. See § 2.163(b) for the deadline for responding to an examiner's Office action.

(b) If the examiner maintains the refusal of the affidavit or declaration, the owner may file a petition to the Director to review the action. The petition must be filed within six months of the date of issuance of the action maintaining the refusal, or the Office will cancel the registration and issue a notice of the cancellation.

(c) A decision by the Director is necessary before filing an appeal or commencing a civil action in any court.

[64 FR 48925, Sept. 8, 1999, as amended at 73 FR 67773, Nov. 17, 2008]
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Bacardi & Co. Ltd. v. Coke Morgan Stewart (E.D. Va. 2025).
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Bacardi & Co. Ltd. v. Coke Morgan Stewart (E.D. Va. 2025). “See 37 C.F.R. § 2.165 (“The petition must be filed within six months of the date of issuance of the action maintaining the refusal, or the Office will cancel the registration and issue a notice of the cancellation.”
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