[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR2.65]

[Page 254]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 2_RULES OF PRACTICE IN TRADEMARK CASES--Table of Contents
 
Sec. 2.65  Abandonment.

    (a) If an applicant fails to respond, or to respond completely, 
within six months after the date an action is mailed, the application 
shall be deemed abandoned unless the refusal or requirement is expressly 
limited to only certain goods and/or services. If the refusal or 
requirement is expressly limited to only certain goods and/or services, 
the application will be abandoned only as to those particular goods and/
or services. A timely petition to the Director pursuant to Sec. Sec. 
2.63(b) and 2.146, if appropriate, is a response that avoids abandonment 
of an application.
    (b) When action by the applicant filed within the six-month response 
period is a bona fide attempt to advance the examination of the 
application and is substantially a complete response to the examiner's 
action, but consideration of some matter or compliance with some 
requirement has been inadvertently omitted, opportunity to explain and 
supply the omission may be given before the question of abandonment is 
considered.
    (c) If an applicant in an application under section 1(b) of the Act 
fails to timely file a statement of use under Sec. 2.88, the 
application shall be deemed to be abandoned.

[48 FR 23134, May 23, 1983, as amended at 54 FR 37592, Sept. 11, 1989; 
68 FR 55764, Sept. 26, 2003]