Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[madmartian]

I misunderstood the registration period. I thought I had 10 years from my 5-year renewal, but actually it was 10 years from the original registration. It just got cancelled last month. Since I had already done the "Combined Declaration of Use and Incontestability Under Section 8 and 15", it's particularly frustrating. I was wondering if it's possible to get the mark reinstated rather than starting over? I found this on the USPTO site:

"the registrant's recourse is to either (a) file a new application, and/or (b) file a petition to the Director under 37 C.F.R.    2.146(a)(3) and (a)(5)."

Is petitioning the director likely to work in this case, or would I be wasting time going that route?

[JSonnabend]

I am not following your facts.  Did you miss the renewal period under section 9?  If so, did you also miss the six month grace period?  I take it from your facts that you missed both, in which case you are sadly out of luck.  The commissioner has no power to extend the grace period, which is set by statute.

- Jeff