TITLE 37 - PATENTS, TRADEMARKS, AND COPYRIGHTS

CHAPTER I - UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE

PART 7 - RULES OF PRACTICE IN FILINGS PURSUANT TO THE PROTOCOL RELATING TO THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS

subpart f - AFFIDAVIT UNDER SECTION 71 OF THE ACT FOR EXTENSION OF PROTECTION TO THE UNITED STATES

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 mailing date 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.