Petition to Director to review refusal.

§ 7.40 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 § 7.39(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 holder may file a petition to the Director to review the examiner's 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. (c) A decision by the Director is necessary before filing an appeal or commencing a civil action in any court. [68 FR 55769, Sept. 26, 2003, as amended at 73 FR 67776, Nov. 17, 2008] § 7.40, Nt. Effective Date Note: At 86 FR 64334, Nov. 17, 2021, § 7.40 was revised, effective Dec. 1, 2022. At 87 FR 62032, Oct. 13, 2022, the effective date was delayed from Dec. 1, 2022, to Oct. 7, 2023. For the convenience of the user, the revised text is set forth as follows: § 7.40 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 § 7.39(a) through (c) for the deadline for responding to an examiner's Office action. (b) If the examiner maintains the refusal of the affidavit or declaration, the holder may file a petition to the Director to review the examiner's action. The petition must be filed within the time periods specified in § 7.39(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. (d) A decision by the Director is necessary before filing an appeal or commencing a civil action in any court.