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. § 2.185

Correcting deficiencies in renewal application

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(a) If the renewal application is filed within the time periods set forth in section 9(a) of the Act, deficiencies may be corrected after notification from the Office, as follows:

(1) Correcting deficiencies in renewal applications filed within one year before the expiration date of the registration. If the renewal application is filed within one year before the expiration date of the registration, deficiencies may be corrected before the expiration date of the registration without paying a deficiency surcharge. Deficiencies may be corrected after the expiration date of the registration with payment of the deficiency surcharge required by section 9(a) of the Act and § 2.6.

(2) Correcting deficiencies in renewal applications filed during the grace period. If the renewal application is filed during the six-month grace period, 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 9(a) of the Act and § 2.6.

(b) If the renewal application is not filed within the time periods set forth in section 9(a) of the Act, the registration will expire. This deficiency cannot be cured.

[64 FR 48926, Sept. 8, 1999, as amended at 80 FR 2312, Jan. 16, 2015]
Notes of Decisions
Cited in 1 case, 1984–1984 · leading case: Roman Cleanser Co. v. Nat'l Acceptance Co. of Am. (In Re Roman Cleanser Co.), 43 B.R. 940 (Bankr. E.D. Mich. 1984).
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Roman Cleanser Co. v. Nat'l Acceptance Co. of Am. (In Re Roman Cleanser Co.), 43 B.R. 940 (Bankr. E.D. Mich. 1984). “185, promulgated by the Commissioner of Patents, provides that: (a) Assignments under section 10 of the act of registered marks, or marks for which an application for registration has been filed, will be recorded in the Patent and Trademark Office.”
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