The CARES Act: Impact on Trademark Filings

March 30, 2020

By: Deborah L. Shapiro and Elizabeth A. Corradino

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), passed by the U.S. House of Representatives on March 27, 2020, and expected to be signed into law by the President, includes provisions granting the Director of the U.S. Patent and Trademark Office (USPTO) the authority to extend statutory deadlines under the Lanham Act, including deadlines to file Statements of Use or Extensions of Time, opposition deadlines and deadlines to file cancellation actions with the Trademark Trial and Appeal Board.

Although current deadlines remain in place, pursuant to a March 16, 2020 notice, the PTO Director did waive the $100 fee required to file a Petition to Revive an abandoned application or canceled registration, so long as the lapse was “due to inability to timely respond to a trademark-related Office communication as a result of the effects of the Coronavirus outbreak.”

We will post updates when the Director of the USPTO takes action to change any trademark-related deadlines.

If you have any questions or concerns, please contact Deborah L. Shapiro or Elizabeth A. Corradino.