In accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) has extended the time to file certain trademark-related documents and to pay certain fees that otherwise would have been due on or after March 27, 2020.
On March 13, 2020, the President declared a national emergency under the National Emergencies Act as a result of the COVID-19 outbreak. The Director of the USPTO has determined that the emergency may have prejudiced the rights of trademark applicants, registrants and owners, or others appearing before the Office in trademark-related matters, and may have prevented them from filing a document or paying a fee with the Office. Among other things, the spread of the virus has significantly disrupted the operations of numerous businesses and law firms. Accordingly, a person who is unable to meet trademark-related deadlines due to the COVID-19 outbreak may be eligible for a waiver, as further described below.
While the USPTO remains open for the filing of documents and the payment of fees, the deadlines for the following types of filings may be extended without penalty if the delays are attributable to COVID-19:
- response to an Office Action, including a Notice of Appeal from a final refusal;
- Statement of Use or request for extension of time to file a Statement of Use;
- Notice of Opposition or request for extension of time to file a Notice of Opposition;
- Affidavit of Use or excusable nonuse;
- renewal application; or
- Affidavit of Use or excusable nonuse.
The above list is limited to filings with due dates between March 27 – April 30, 2020. For those filings, the filing date will be extended 30 days from the initial date they were due, provided that the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak.
