USPTO Announces Suspension of Certain Deadlines Under the CARES Act

April 1, 2020

By: Deborah L. Shapiro and Elizabeth A. Corradino

On March 31, 2020, the United States Patent and Trademark Office (USPTO) announced a 30-day extension of many trademark deadlines and related payments falling between Mach 27, 2020 and April 20, 2020, pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act.  Deadlines can be extended for the 30-day period if the late filing is accompanied by a statement that the delay was due to the COVID-19 outbreak. On May 27, the USPTO further extended the time to file to July 1, 2020, for small and micro entities. For those entities, filings due by June 1, 2020, will be deemed timely if filed by July 1, 2020. For large entities, relief will be given after May 31 on a case-by-case basis, through Petitions to Revive and Petitions for Extensions of Time. The required fees will be owed for these filings. Fee waivers will be available with a statement that the delay in filing or payment was due to the COVID-19 outbreak.

Filing or payment delays due to the COVID-19 outbreak include office closures, cash flow interruptions, inaccessibility of files or other materials, travel delays, illness, “or similar circumstances” affecting trademark practitioners, applicants, registrants or others associated with the filing.

For other deadlines in the Trademark Trial and Appeal Board (TTAB) where the COVID-19 outbreak has interfered with the ability to make a filing, a request or motion can be made for additional time to respond.

If you have any questions or concerns, please contact Deborah Shapiro or Liz Corradino.