Sec. 4. Providing for flexible response periods
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Section 12(b) of the Trademark Act of 1946 ( 15 U.S.C. 1062(b) ) is amended to read as follows: If the applicant is found not entitled to registration, the examiner shall notify the applicant thereof and of the reasons therefor. The applicant may reply or amend the application, which shall then be reexamined. This procedure may be repeated until the examiner finally refuses registration of the mark or the application is abandoned as described in paragraph (2). After notification under paragraph (1), the applicant shall have a period of six months in which to reply or amend the application, or such shorter time that is not less than sixty days, as prescribed by the Director by regulation.
If the applicant fails to reply or amend or appeal within the relevant time period, including any extension under paragraph (3), the application shall be deemed to have been abandoned, unless it can be shown to the satisfaction of the Director that the delay in responding was unintentional, in which case the application may be revived and such time may be extended. The Director may prescribe a fee to accompany any request to revive. The Director shall provide, by regulation, for extensions of time to respond to the examiner for any time period under paragraph
(2)that is less than six months. The Director must allow the applicant to obtain extensions of time to reply or amend aggregating six months from the date of notification under paragraph
(1)when the applicant so requests. However, the Director may set by regulation the time for individual periods of extension, and prescribe a fee, by regulation, for any extension request. Any request for extension must be filed on or before the date on which a reply or amendment is due under paragraph (1). .
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Sec. 4
Providing for flexible response periods
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