The U.S. Congress, as part of its Coronavirus Aid, Relief, and Economic Security (CARES) Act, passed a measure giving the Director of the USPTO the authority to toll, waive, adjust, or modify any timing deadline under the Trademark Act and the America Invents Act. The Director’s authority would be temporary during the COVID-19/coronavirus emergency.  The bill was signed into law March 27th.

The Director would be authorized to take such action if it is determined that: 1) the emergency materially affects the functioning of the Patent and Trademark Office; 2) prejudices the rights of applicants, registrants, patent owners, or others appearing before the Office; or 3) prevents applicants, registrants, patent owners, or others appearing before the Office from filing a document or fee with the Office.

Trademark deadlines within the Director’s authority could include, as examples, the dates for filing use declarations and renewals, office action responses, Statements of Use or associated extension requests, and pleading deadlines in Trademark Trial and Appeal Board proceedings.  The Director is required to publish a notice if it is determined that tolling, waiving, adjusting, or modifying a timing deadline is appropriate.

Similar authority is given to the Register of Copyrights.