USPTO Offers Deadline Extensions Due to COVID-19

The USPTO, like many other trademark offices worldwide, has responded to the COVID-19 outbreak by offering extensions of time for certain deadlines related to trademark applications and registrations. A 30-day extension of time is now available for the following actions:

1. Responses to an office action, including a notice of appeal from a final refusal
2. Statement of use or request for extension of time to file a statement of use
3. Notice of opposition or request for extension of time to file a notice of opposition
4. Claiming priority based on an earlier foreign application or international registration
5. Transformation of an extension of protection to the United States into a U.S. application
6. Affidavit of use or excusable non-use
7. Renewal of existing registration

There are two conditions that must be met to claim an extension of time. First, extensions only apply to deadlines that fall on or between the dates of March 27, 2020 and April 30, 2020. Any deadlines falling after April 30, 2020 will not be extended, at least as of now.

Second, the extension of time will only be granted if a statement is made that the delay in filing or payment for any of the actions enumerated above was due to the COVID-19 outbreak. A delay is due to COVID-19 if “a practitioner, applicant, registrant, or other person associated with the filing or fee was personally affected by the COVID-19 outbreak, including, without limitation, through 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.”

For any matters involving or appearing before the Trademark Trial & Appeal Board not covered above, a request or motion for an extension or reopening of time can be made as appropriate.

These are difficult times worldwide, but the lawyers at Lewis Roca are here to help you navigate rapid changes and developments to ensure your business can maintain its trademark rights and be prepared to renew normal business operations as soon as possible.

Please contact David Jackson at DJackson@lewisroca.com, Jennifer Van Kirk at JVanKirk@lewisroca.com or your Lewis Roca lawyer for assistance at any time.