Updates Regarding COVID-19 Impacts on Trademark Operations at the USPTO

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Updated April 1, 2020

The Director of the United States Patent and Trademark Office issued a notice on March 31, 2020, that the due date for any of the following filings that falls between March 27, 2020 and April 30, 2020, may be extended for thirty (30) days, provided that the filing is subsequently made within such extended period and accompanied by a statement that the delay in filing (or payment) is “due to the COVID-19 outbreak.”

  • A response to an Office Action (including the filing of a Notice of Appeal)
  • A Statement of Use or a Request for an Extension of Time to File a Statement of Use
  • A Notice of Opposition or a Request for an Extension of Time to File an Opposition
  • A trademark application claiming the priority of a foreign application (whether filed directly with the USPTO or through the Madrid Protocol)
  • A request to convert a Madrid Protocol application to a national application
  • An Affidavit of Use or a renewal application (whether related to a registration obtained nationally or through the Madrid Protocol)

For the delay in filing to qualify for the extension, the delay must occur because the “practitioner, applicant, registrant or other person associated with the filing or fee was personally affected by the COVID-19 outbreak, including, without limitation, 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.”

If you believe that you and your trademark matter qualify for an extension of time under the foregoing concession, please contact the trademark professionals of Faegre Drinker at your earliest convenience. In the interim,  we will continue to monitor this situation and post updates to this blog post.

Original Post, Dated March 24, 2020

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