# TMEP § 1702: Petitions to the Director Under 37 C.F.R. §2.146 - In General

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/TMEP_S1702

## Section

- **Citation:** TMEP § 1702
- **Heading:** Petitions to the Director Under 37 C.F.R. §2.146 - In General
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO TMEP / Chapter 1700 - Petitions, Requests for Reinstatement, and Other Matters Submitted to Director / TMEP § 1702

## Text

37 C.F.R.  Petitions to the Director.
(a) Petition may be taken to the Director in a trademark case:
(1) From any repeated or final formal requirement of the examiner in the ex parte
prosecution of an application if permitted by § 2.63(a) and (b); (2) In any case for
which the Act of 1946, Title 35 of the United States Code, or parts 2, 3, 6, and 7 of
Title 37 of the Code of Federal Regulations specifies that the matter is to be
determined directly or reviewed by the Director; (3) To invoke the supervisory authority
of the Director in appropriate circumstances; (4) In any case not specifically defined
and provided for by parts 2, 3, 6, and 7 of Title 37 of the Code of Federal Regulations;
or (5) In an extraordinary situation, when justice requires and no other party is
injured thereby, to request a suspension or waiver of any requirement of the rules not
being a requirement of the Act of 1946.
(b) Questions of substance arising during the ex parte
prosecution of applications, or expungement or reexamination of registrations,
including, but not limited to, questions arising under sections 2, 3, 4, 5, 6, 16A, 16B,
and 23 of the Act of 1946, are not appropriate subject matter for petitions to the
Director.
(c)(1) Every petition to the Director shall include a statement
of the facts relevant to the petition, the points to be reviewed, the action or relief
requested, and the fee required by § 2.6. Any brief in support of the petition shall be
embodied in or accompany the petition. The petition must be signed by the petitioner,
someone with legal authority to bind the petitioner (e.g., a corporate officer or
general partner of a partnership), or a practitioner qualified to practice under § 11.14
of this chapter, in accordance with the requirements of § 2.193(e)(5). When facts are to
be proved on petition, the petitioner must submit proof in the form of verified
statements signed by someone with firsthand knowledge of the facts to be proved, and any
exhibits.
he petitioner (e.g., a corporate officer or
general partner of a partnership), or a practitioner qualified to practice under § 11.14
of this chapter, in accordance with the requirements of § 2.193(e)(5). When facts are to
be proved on petition, the petitioner must submit proof in the form of verified
statements signed by someone with firsthand knowledge of the facts to be proved, and any
exhibits.
(2) A petition requesting reinstatement of a registration
cancelled in whole or in part for failure to timely respond to an Office action issued
in an expungement and/or reexamination proceeding must include a response to the Office
action, signed in accordance with § 2.193, or an appeal.
(d) Unless a different deadline is specified elsewhere in
this chapter, a petition under this section must be filed by not later than:
(1) Two months after the issue date of the action, or date
of receipt of the filing, from which relief is requested; or
(2) Where the applicant or registrant declares under § 2.20
or 28 U.S.C. 1746 that it did not receive the action, or where no action was issued, the
petition must be filed by not later than:
(i) Two months of actual knowledge of the abandonment
of an application and not later than six months after the date the trademark
electronic records system indicates that the application is abandoned in full or in
part;
(ii) Where the registrant has timely filed an affidavit
of use or excusable non-use under Section 8 or 71 of the Act, or a renewal
application under Section 9 of the Act, two months after the date of actual
knowledge of the cancellation/expiration of a registration and not later than six
months after the date the trademark electronic records system indicates that the
registration is cancelled/expired;
(iii) Two months after the date of actual knowledge of
the denial of certification of an international application under § 7.13 of this
chapter and not later than six months after the trademark electronic records system
indicates that certification is denied; or
nd not later than six
months after the date the trademark electronic records system indicates that the
registration is cancelled/expired;
(iii) Two months after the date of actual knowledge of
the denial of certification of an international application under § 7.13 of this
chapter and not later than six months after the trademark electronic records system
indicates that certification is denied; or
(iv) Where an expungement or reexamination proceeding
has been instituted under § 2.92, two months after the date of actual knowledge of
the cancellation of goods and/or services in a registration and not later than six
months after the date the trademark electronic record system indicates that the
goods and/or services are cancelled.
(e)(1) A petition from the grant or denial of a request for an
extension of time to file a notice of opposition must be filed by not later than fifteen
days after the issue date of the grant or denial of the request. A petition from the
grant of a request must be served on the attorney or other authorized representative of
the potential opposer, if any, or on the potential opposer.  A petition from the denial
of a request must be served on the attorney or other authorized representative of the
applicant, if any, or on the applicant.  Proof of service of the petition must be made
as provided by § 2.119.  The potential opposer or the applicant, as the case may be, may
file a response by not later than fifteen days after the date of service of the petition
and must serve a copy of the response on the petitioner, with proof of service as
provided by § 2.119.  No further document relating to the petition may be filed.
e applicant.  Proof of service of the petition must be made
as provided by § 2.119.  The potential opposer or the applicant, as the case may be, may
file a response by not later than fifteen days after the date of service of the petition
and must serve a copy of the response on the petitioner, with proof of service as
provided by § 2.119.  No further document relating to the petition may be filed.
(2) A petition from an interlocutory order of the Trademark
Trial and Appeal Board must be filed by not later than thirty days after the issue date
of the order from which relief is requested.  Any brief in response to the petition must
be filed, with any supporting exhibits, by not later than fifteen days after the date of
service of the petition.  Petitions and responses to petitions, and any documents
accompanying a petition or response under this subsection must be served on every
adverse party pursuant to § 2.119.
(f) An oral hearing will not be held on a petition except
when considered necessary by the Director.
(g) The mere filing of a petition to the Director will not
act as a stay in any appeal or inter partes proceeding that is pending before the
Trademark Trial and Appeal Board, nor stay the period for replying to an Office action
in an application, except when a stay is specifically requested and is granted or when
§§ 2.63(a) and (b) and 2.65(a) are applicable to an ex parte application.
(h) Authority to act on petitions, or on any petition, may be
delegated by the Director.
(i) If the Director denies a petition, the petitioner may
request reconsideration, if:
(1) The petitioner files the request by not later than:
action
in an application, except when a stay is specifically requested and is granted or when
§§ 2.63(a) and (b) and 2.65(a) are applicable to an ex parte application.
(h) Authority to act on petitions, or on any petition, may be
delegated by the Director.
(i) If the Director denies a petition, the petitioner may
request reconsideration, if:
(1) The petitioner files the request by not later than:
(i) Two months after the issue date of the decision
denying the petition; or
(ii) Two months after the date of actual knowledge of
the decision denying the petition and not later than six months after the issue date
of the decision where the petitioner declares under § 2.20 or 28 U.S.C. 1746 that it
did not receive the decision; and
(2) The petitioner pays a second petition fee under §
2.6.
Applicants, registrants, and parties to inter partes
proceedings before the Trademark Trial and Appeal Board (Board) who believe they have been
injured by certain adverse actions of the USPTO, or who believe that they cannot comply with
the requirements of the Trademark Rules of Practice (37 C.F.R. Parts 2, 3, 6, and 7) because
of an extraordinary situation, may seek equitable relief by filing a petition to the Director
under
37
C.F.R. §2.146
.
Under
37 C.F.R.
§2.146(a)(1)
, an applicant may file a petition to review an examining
attorney’s formal requirement if permitted by
37 C.F.R.
§2.63(a)
and
(b)
.
Under
37
C.F.R. §2.63(a)(2)
, a petition from a requirement that is repeated but
not made final is permitted if a non-final action contains no substantive refusals and the
subject matter of the requirement is appropriate for petition.  Under
37 C.F.R.
§2.63(b)(2)
, a petition from a final requirement is permitted if a final
action contains no substantive refusals and the subject matter of the requirement is
procedural, and therefore appropriate for petition.  See
TMEP §1704
regarding petitionable subject
matter.  If a petition under
37 C.F.R
tantive refusals and the
subject matter of the requirement is appropriate for petition.  Under
37 C.F.R.
§2.63(b)(2)
, a petition from a final requirement is permitted if a final
action contains no substantive refusals and the subject matter of the requirement is
procedural, and therefore appropriate for petition.  See
TMEP §1704
regarding petitionable subject
matter.  If a petition under
37 C.F.R. §2.146(a)(1)
is denied, the applicant has until
the time remaining in the response period for the Office action that repeated the requirement
or made it final (
see
TMEP
§711
), or thirty days from the date of the decision on the petition,
whichever is later, to comply with the requirement.
37 C.F.R.
§2.63(c)
.
Under
37 C.F.R.
§2.146(a)(2)
, a petition may be filed in any case for which the Trademark
Act, Trademark Rules of Practice, or Title 35 of the United States Code specifies that the
matter is to be determined directly or reviewed by the Director.  This includes petitions to
review the actions of the Post Registration staff under
15 U.S.C.
§§1057
,
1058
,
1059
, and
1141k
.
Under
35 U.S.C.
§2
and
37 C.F.R. §2.146(a)(3)
, the Director may invoke
supervisory authority in appropriate circumstances.
See
TMEP §1707.
Under
37 C.F.R.
§2.146(a)(5)
, a party may petition the Director to suspend or waive any
requirement of the rules that is not a requirement of the statute, in an extraordinary
situation, where justice requires and no other party is injured thereby.
See
TMEP §1708.
See
TMEP
§1703
for a list of issues that often arise on petition, and
TMEP §§1705–1705.09
regarding petition procedure.
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## Nearby sections

- [TMEP § 1701 Statutory Authority of Director](https://www.frixlaw.com/law-library/statutes/TMEP_S1701.md)
- [TMEP § 1702 Petitions to the Director Under 37 C.F.R. §2.146 - In General](https://www.frixlaw.com/law-library/statutes/TMEP_S1702.md)
- [TMEP § 1703 Specific Types of Petitions](https://www.frixlaw.com/law-library/statutes/TMEP_S1703.md)
- [TMEP § 1704 Petitionable Subject Matter](https://www.frixlaw.com/law-library/statutes/TMEP_S1704.md)
- [TMEP § 1705 Petition Procedure](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.md)
- [TMEP § 1705.01 Standing](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.01.md)
- [TMEP § 1705.02 Petition Fee](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.02.md)
- [TMEP § 1705.03 Evidence and Proof of Facts](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.03.md)
- [TMEP § 1705.04 Timeliness](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.04.md)
- [TMEP § 1705.05 Due Diligence](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.05.md)
- [TMEP § 1705.06 Stay or Suspension of Pending Matters](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.06.md)
- [TMEP § 1705.07(a) Requirement for Representation of Non-U.S.-domiciled Petitioner](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.07(a).md)
- [TMEP § 1705.07(b) Signature of Petition](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.07(b).md)
- [TMEP § 1705.08 Request for Reconsideration of Denial of Petition](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.08.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/TMEP_S1702. Check the current official text before relying on it. Not legal advice.