§ 7.40. Petition to Director to review refusal.
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/us/cfr/t37/s§ 7.40·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Link to an amendment published at 86 FR 64334, Nov. 17, 2021. Link to a delay of the above amendment published at 87 FR 62032, Oct. 13, 2022. The amendment of Nov. 17, 2021 was delayed indefinitely at 88 FR 62463, Sept. 12, 2023.
(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 date of issuance 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. \[68 FR 55769, Sept. 26, 2003, as amended at 73 FR 67776, Nov. 17, 2008\]
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§ 7.40
Petition to Director to review refusal.
Fed. Reg.×1
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