# TMEP § 1705.05: Due Diligence

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/TMEP_S1705.05

## Section

- **Citation:** TMEP § 1705.05
- **Heading:** Due Diligence
- **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 § 1705.05

## Text

37 C.F.R.  (Extract) Requirement to correspond
electronically with the Office and duty to monitor status.
. . .
(d) 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 matters pending before the USPTO.
37 C.F.R. §2.23(d)
;
TMEP
§108.03
. It is reasonable to expect some notice from or action by
the USPTO within six months of submitting a document in an application or registration. A
party who has not received a notice or action from the USPTO within that time frame is
responsible for checking the matter’s status and requesting corrective action, if necessary.
37 C.F.R. §2.23(d)
.
Applicants and registrants can check the status of an
application or registration through the TSDR database on the USPTO website at
https://tsdr.uspto.gov/
, which is generally
available 24 hours a day, seven days a week. The party should print the TSDR screen and
place it in the party’s own file, in order to have a record of the status inquiry and the
information learned
ary.
37 C.F.R. §2.23(d)
.
Applicants and registrants can check the status of an
application or registration through the TSDR database on the USPTO website at
https://tsdr.uspto.gov/
, which is generally
available 24 hours a day, seven days a week. The party should print the TSDR screen and
place it in the party’s own file, in order to have a record of the status inquiry and the
information learned.
A party who does not have access to the Internet can call
the Trademark Assistance Center (TAC) at (571) 272-9250 or (800) 786-9199 to determine the
status or to obtain clarification about the status. After making a telephone status inquiry,
a party should make a note in the party’s own file as to the date of the status inquiry and
the information learned. No further documentation is required to establish that the status
inquiry was made.
If a status inquiry reveals that a document submitted to
the USPTO is not in the electronic record or was not received in the USPTO, that an Office
action or notice was issued but not received by the applicant or registrant, that an
application has been abandoned or a registration cancelled or expired, or that some other
problem exists, then the applicant or registrant is responsible for promptly requesting
corrective action in writing.
If an application has been abandoned, a petition to revive
under
37 C.F.R. §2.66
(if not
due to USPTO error) or request for reinstatement under
37 C.F.R.
§2.64(a)
(if due to USPTO error) must be filed through the trademark
electronic filing system.
See
TMEP
§§1702–1708
,
1713
,
1714
. If a registration has been cancelled or expired, a request for
reinstatement under
37 C.F.R. §2.64(b)
(if
due to USPTO error) or formal petition under
37 C.F.R. §2.146
(if not due to USPTO error) should
generally be filed through the trademark electronic filing system.
See
TMEP
§1712
. See
TMEP §301.02
regarding the
limited exceptions for paper submissions
tem.
See
TMEP
§§1702–1708
,
1713
,
1714
. If a registration has been cancelled or expired, a request for
reinstatement under
37 C.F.R. §2.64(b)
(if
due to USPTO error) or formal petition under
37 C.F.R. §2.146
(if not due to USPTO error) should
generally be filed through the trademark electronic filing system.
See
TMEP
§1712
. See
TMEP §301.02
regarding the
limited exceptions for paper submissions.
In all cases, petitions and requests for reinstatement will
be denied if filed more than six months after the electronic record is updated to reflect
that an application is abandoned or that a registration is cancelled or expired.
37 C.F.R. §§2.64(a)(1)(ii)
,
(b)(1)(ii)
,
2.66(a)(2)
,
2.146(d)(2)
.
These deadlines protect third parties who rely on the
Trademark electronic record to determine whether a chosen mark is available for use or
registration. For example, a third party may search USPTO records and understand that an
earlier-filed potentially conflicting mark will not be revived or reinstated more than six
months after the date the electronic record indicates that it was abandoned.

## 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_S1705.05. Check the current official text before relying on it. Not legal advice.
