Due Diligence: Duty to Monitor Status

37 C.F.R.

Notices issued or actions taken by the USPTO are

displayed in the USPTO's publicly available electronic systems. Applicants and

registrants are responsible for monitoring the status of their applications and

registrations in the USPTO's electronic systems during the following time

periods:

(1) At least every six months between the filing date

of the application and issuance of a registration;

(2) After filing an affidavit of use or excusable

nonuse under section 8 or section 71 of the Act, or a renewal application under

section 9 of the Act, at least every six months until the registrant receives

notice that the affidavit or renewal application has been accepted; and

(3) After notice of the institution of an expungement or reexamination proceeding

under § 2.92, at least every three months until the registrant receives a

notice of termination under § 2.94.

Applicants and registrants are responsible for tracking the

status of trademark matters pending before the USPTO in accordance with the time frames

in

37 C.F.R. §2.23(d)

. A party who has not received a

notice or action from the USPTO within that time frame is responsible for promptly

checking the matter’s status and requesting corrective action, if necessary.

See id

. Failure to act diligently and follow up with appropriate

action may result in denial of the requested relief.

See

TMEP §§1705.05

,

1714.01(d)

.

See

TMEP §108.01

regarding

checking the status of an application or registration through the Trademark Status and

Document Retrieval (TSDR) database and

§108.02

regarding

telephone assistance and status checks with TAC.

See

TMEP §1705.05

for more

information regarding the responsibility of applicants and registrants to periodically

check the status of a pending application or post-registration filing and the options

available if the application has been abandoned or the registration has been cancelled

or expired

ument Retrieval (TSDR) database and

§108.02

regarding

telephone assistance and status checks with TAC.

See

TMEP §1705.05

for more

information regarding the responsibility of applicants and registrants to periodically

check the status of a pending application or post-registration filing and the options

available if the application has been abandoned or the registration has been cancelled

or expired.

See

TMEP §1716.04(b)

regarding the duty to monitor the status of a registration after notice of the

institution of an expungement or reexamination proceeding.

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