37 C.F.R. § 2.186 — Petition to Director to review refusal of renewal.
§ 2.186 Petition to Director to review refusal of renewal. (a) A response to the examiner's initial refusal of the renewal application is required before filing a petition to the Director, unless the examiner directs otherwise. See § 2.184(b) for the deadline for responding to an examiner's Office action. (b) If the examiner maintains the refusal of the renewal application, a petition to the Director to review the refusal may be filed. The petition must be filed within six months of the date of issuance of the Office action maintaining the refusal, or the renewal application will be abandoned and the registration will expire. (c) A decision by the Director is necessary before filing an appeal or commencing a civil action in any court. [64 FR 48926, Sept. 8, 1999, as amended at 73 FR 67775, Nov. 17, 2008] § 2.186, Nt. Effective Date Note: At 86 FR 64333, Nov. 17, 2021, § 2.186 was amended by revising paragraphs (b) and (c) and adding paragraph (d), 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 added and revised text is set forth as follows: § 2.186 Petition to Director to review refusal of renewal. (b) If the examiner maintains the refusal of the renewal application, a petition to the Director to review the refusal may be filed. The petition must be filed within the time periods specified in § 2.184(b). (c) If no petition is filed within the time periods set forth in paragraphs (a) and (b) of this section, the renewal application will be abandoned and the registration will expire. (d) A decision by the Director is necessary before filing an appeal or commencing a civil action in any court. General Information and Correspondence in Trademark Cases Source: 68 FR 48289, Aug. 13, 2003, unless otherwise noted.