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Trademark Electronic Application System - TEAS Application

Request for Reconsideration after Final Action
TEAS - Version 4.2 : 01/26/2008

NOTE: For tips on how to use this form most effectively, click here. Or click HELP for any underlined word in the below for additional information.

Use this form specifically to:

  • respond timely to a final refusal of registration based on an application or Statement of Use.

NOTE: Use this form only to file a Request for Reconsideration after issuance of a final Office action and before the deadline for filing an appeal. The filing of a Request for Reconsideration does not extend the time for filing an appeal or other proper response to the final action. 37 C.F.R. §2.64(b). A Notice of Appeal is a different form that you must file separately to preserve your right to appeal the final refusal, if appropriate. See http://estta.uspto.gov. If you file a Notice of Appeal concurrently with a Request for Reconsideration, your application will be referred to the Trademark Trial and Appeal Board (TTAB) for processing of the appeal. The TTAB will (1) acknowledge the appeal; (2) suspend further proceedings with respect to the appeal (including the applicant’s time to file an appeal brief; and (3) remand the application to the examining attorney for review of the Request for Reconsideration. TMEP §715.04; TBMP §1204.

Also, do NOT use this form to respond to any actions mailed after the mark is published and/or registered, because the Intent-to-Use (ITU) and Post-Registration units issue those actions, respectively. To access forms for filing a Statement of Use/Amendment to Allege Use and/or Request for Extension of Time to File a Statement of Use, click here. A form for responding to Post Registration office actions will be developed in the future.

NOTE: You must maintain an accurate correspondence address with the USPTO. All changes must be made in writing, or through the electronic Change of Correspondence Address form.

WARNING: This form has a session time limit of 60 minutes. Your "session" began as soon as you accessed this initial Form Wizard page. If you exceed the 60-minute time limit, the form will not validate and you must begin the entire process again; you can, however, extend the time limit. You should always try to have all information required to complete the form prior to starting any session.

Required fields are indicated with an asterisk (*).

STEP 1: Confirm that the USPTO database shows the "Current Status" of your application to be "A Final Action has been mailed (or e-mailed)."
WARNING: You must wait 48-72 hours after receipt of an e-mailed action for the database to update to the proper status before attempting to use this form.

STEP 2: Enter serial number or access saved form:

: (Required only if preparing this Request for Reconsideration for the first time; if you have already saved a form, use the option below.)
     OR

STEP 3: If this is a new Request for Reconsideration, answer each question below to build a form appropriate to your application. You must answer each question carefully to ensure that you will be responding to all refusals and/or requirements raised in the final Office action or any previous Office action(s) incorporated by reference (all Office actions are available through Trademark Document Retrieval. Failure to respond completely to any outstanding Office action may result in abandonment of your application.

1. Do you want to present arguments related to a substantive refusal(s)?

NOTE: If you must submit a substitute specimen to overcome the refusal, answer YES to this question (to enter the argument portion), but then use Question #2, below, to attach the actual specimen image file.

2. Do you need to change/delete an existing classification number; modify listing of goods and/or services; add/modify dates of use;add/substitute a specimen and/or submit a foreign registration certificate ?

3. Do you want to make any additional statement(s) of record to address a requirement, e.g., a disclaimer or claim of a prior registration?

4. Do you want to modify your mark? (i.e., either change the mark itself or submit a better quality image)

NOTE: While minor changes in the mark are sometimes permitted, any material alteration will NOT be permitted and will result in a refusal being issued on that ground. If submitting a new mark image, it MUST be in the JPG format (only attachments in other portions of the form (e.g., specimens, evidence) can be in the PDF format).

5. Do you want to correct any applicant or entity information?

6. Do you need to ADD a new class of goods and/or services? (Note: If simply CHANGING an existing classification number, use Question #2, above.)

     

7. Do you want to pay an additional fee?

8. Do you need to change correspondence address?

9. Do you need to submit a Signed Declaration? (i.e., either to verify an application originally submitted UNSIGNED, or to support a specific item in the response, designated on the form with a "#" symbol, e.g., new specimen.)

STEP 4: If you have reviewed the final Office action to confirm that your answers to the above questions properly correspond to all issues raised in the final Office action, click on the "Next" button; or to start over, click on the "Clear" button.



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Fri Jul 04 21:21:04 EDT 2008