The Coronavirus Aid, Relief, and Economic Security Act (or CARES Act) was signed into law at the end of March 2020. Provisions within the CARES Act allowed the USPTO and the TTAB to grant extensions of time for certain filings. The USPTO swiftly announced last week that certain 30-day filing extensions are now available.
These extensions encompass certain trademark-related documents and fee payment submissions. New deadlines fall between March 27 and April 30, 2020.
If you are in the process of obtaining a trademark registration or have a maintenance filing due the 30 day filing extension may be available to you. There are five key pieces of information that may affect your filing.
COVID-19 Outbreak-Related Delays Only
These 30-day extensions will only be granted to those parties who a) request them, and b) are experiencing delays directly related to the COVID-19 outbreak.
The USPTO office says that a delay may be considered due to the outbreak when someone associated with the filing or payment was personally affected by the outbreak.
Valid reasons include:
- Cash flow interruptions
- Inaccessible files
- Office closures
- Personal or family illness
- Travel delays
Similar circumstances which directly interfered with timely filing and/or payment may be evaluated on a case-by-case basis.
Relief Only Applies to Specific Filings and Fees
Trademark Filing Extension Information
Extensions will only be granted on trademark business-related filings named by the USPTO, including the following:
- Response to an Office Action (example: Notice of Appeal)
- Statement of use
- Request for Extension to File a Statement of Use
- Notice of Opposition
- Request for Extension to File a Notice of Opposition
- Section 8 Declaration of Use
- Section 9 Application for Renewal
This is not an exhaustive list. There are also deadline extensions being granted for certain filings through the Trademark Trial and Appeal Board at this time.
Remember, Marks Gray Can Assist You Remotely with Filing Deadline Changes
Crystal Broughan and the rest of the team at Marks Gray are still 100-percent operational at this time. We are available to answer your questions and help you meet your timelines for USPTO and TTAB filings.