• Leber IP Team

Updated: Trademark due dates extended

Updated: Jun 1

The United States Patent and Trademark Office (USPTO) has issued a further notice on May 27, 2020, addressing the coronavirus outbreak for trademark applicants and owners affected by COVID-19. These actions are an exercise of temporary authority provided to the USPTO by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) signed by President Trump on March 27, 2020.


Much of the relief provided by the Notices of March 16, 2020, March 31, 2020, and April 28, 2020, has expired on May 31, 2020.


The May 27, 2020 Notice provides the following relief:


1. Applicants can file a petition to revive the application in case of a missed timely response or fee in response to an Office communication.


2. Applicants can file a petition the Director to revive the application for a missed 36-months statutory deadline for filing a Statement of Use or for a missed statutory deadline, resulting in canceled registration.


The USPTO will continue relief waiving the petition fee provided in the April 28, 2020 notice, until June 30, 2020, for the revival of abandoned or expired registration due to the COVID-19 outbreak.


The full notices published by the USPTO on April 28, 2020, and May 27, 2020, can be found at:


https://www.uspto.gov/sites/default/files/documents/TM-Notice-CARES-Act-2020-04.pdf

https://www.uspto.gov/sites/default/files/documents/TM-Notice-CARES-Act-2020-05.pdf, respectively.


Some relief also applies to missed deadlines for patent applications and maintenance fees. Please see our post regarding coronavirus relief for patent applicants and owners.


Feel free to reach out to Leber IP Law to discuss specific situations with regard to your patent or trademark application and any relief afforded by the USPTO notice for your situation.

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