Petition to Director to review refusal.

§ 2.165 Petition to Director to review refusal. (a) A response to the examiner's initial refusal to accept an affidavit or declaration is required before filing a petition to the Director, unless the examiner directs otherwise. See § 2.163(b) for the deadline for responding to an examiner's Office action. (b) If the examiner maintains the refusal of the affidavit or declaration, the owner may file a petition to the Director to review the action. The petition must be filed within six months of the date of issuance of the action maintaining the refusal, or the Office will cancel the registration and issue a notice of the cancellation. (c) A decision by the Director is necessary before filing an appeal or commencing a civil action in any court. [64 FR 48925, Sept. 8, 1999, as amended at 73 FR 67773, Nov. 17, 2008] § 2.165, Nt. Effective Date Note: At 86 FR 64332, Nov. 17, 2021, § 2.165 was revised, effective Dec. 1, 2022. At 87 FR 62032, Oct. 13, 2022, the effective date was delayed to Oct. 7, 2023. For the convenience of the user, the revised text is set forth as follows: § 2.165 Petition to Director to review refusal. (a) A response to the examiner's initial refusal to accept an affidavit or declaration is required before filing a petition to the Director, unless the examiner directs otherwise. See § 2.163(b) and (c) for the deadline for responding to an examiner's Office action. (b) If the examiner maintains the refusal to accept the affidavit or declaration, the owner may file a petition to the Director to review the action within the time periods specified in § 2.163(b) and (c). (c) If no petition is filed within the time periods set forth in paragraphs (a) and (b) of this section, the registration will be cancelled and a notice of cancellation will issue. (d) A decision by the Director is necessary before filing an appeal or commencing a civil action in any court.