Petition to Director Granted

United States Patent and Trademark Office (USPTO)

PETITION TO DIRECTOR GRANTED

Issue date:  July 20, 2021

The petition to the Director in the trademark application above is GRANTED.  See 37 C.F.R. §2.146(a)(3). 

The application will be returned to the assigned trademark examining attorney to consider petitioner’s request to amend the basis from Section 1(b) to Section 44(e) of the Trademark Act.  If the examining attorney accepts the amendment, the application will be republished.  If the examining attorney refuses it, applicant will be notified of the refusal.

The examining attorney will notify the applicant by telephone or email of the reasons why the amendment is unacceptable.  The applicant may then (1) agree to delete the Section 1(b) basis so that an examiner's amendment and/or appropriate Office action regarding the requested basis amendment can be issued; (2) withdraw the request to amend the basis; or (3) request that the amendment remain pending until a statement of use (SOU) is filed.  See Trademark Manual of Examining Procedure (TMEP) §806.03(j). 

Please note that since you requested to maintain the Section 1(b) basis pending consideration of the amendment to Section 44(e), the notice of allowance (NOA) will not be cancelled and the Section 1(b) basis will not be deleted unless the amendment is accepted.  Therefore, if prior to the acceptance of the amendment by the examining attorney, you fail to file either an SOU or a request for an extension of time to file an SOU (extension request) when due, the application will be abandoned and a petition to revive will be required to reinstate the application.  See 37 C.F.R. §§2.66, 2.89; TMEP §806.03(j).  

/Lisa Wallace/

Paralegal Specialist

Office of the Deputy Commissioner

for Trademark Examination Policy

lisa.wallace@uspto.gov

(571) 272-9582