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<p>Thank you for posting on this. I had not known anything about
this notice of proposed rulemaking until you posted.<br>
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<div class="moz-cite-prefix">On 1/6/2025 8:57 PM, Lara Pearson via
E-trademarks wrote:<br>
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cite="mid:CAESsTWkKjWtnUB4GFo4THXfeA-t79gzhsKDOMPJx2eehL8PSRw@mail.gmail.com">
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<div class="gmail_default">Happy New Year list friends:</div>
<div class="gmail_default"><br>
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<div class="gmail_default">I hope you all had a delightful
holiday break and are finding things to look forward to
this year.</div>
<div class="gmail_default"><br>
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<div class="gmail_default">I have a response to a Final OA
and was researching whether there'd been a change in the
response time from 6 to 3 months, and came across this Dec
31, 2024 <a
href="https://www.uspto.gov/web/offices/com/sol/og/2024/week53/TOCCN/item-469.htm"
target="_blank" moz-do-not-send="true">USPTO Notice of
Proposed Rule</a>, which I don't recall seeing discussed
here (forgive me if it was, and I missed it):</div>
<div class="gmail_default"><br>
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<div class="gmail_default">
<pre>The United States Patent and Trademark Office ("USPTO") proposes to amend 37 C.F.R. Sec. 2.64 to require a request for reconsideration of an examining attorney's final refusal or requirement to be filed through the Trademark Electronic Application System ("TEAS") within three months of the mailing date of the final action. ***
<pre>A request for reconsideration of a final action does not extend the time for filing an appeal or petitioning the Director on that action. Under the current version of the rule, wherein the applicant may file a request for reconsideration at any time between the final action and the six-month deadline for appealing or petitioning, many applicants simultaneously seek reconsideration and file an appeal. Because the examining attorney loses jurisdiction over the application upon the filing of an appeal to the TTAB, this simultaneous pursuit of reconsideration and appeal often necessitates a remand by the TTAB to the examining attorney for a decision on the request for reconsideration. If the request is denied, then the case is transferred back to the TTAB. If the request is granted, and the examining attorney reconsiders the final action, the appeal or petition may become moot. The need for these remands and transfers contributes to the burden on the applicant and the USPTO, and prolongs the pendency of the case.</pre><pre>In order to eliminate some appeals and petitions and reduce the need for these remands and transfers, the proposed rule provides that a request for reconsideration must be filed within three months of the final action, while the six-month period for appeal or petition remains unchanged.</pre></pre>
<pre>Comments must be received by [60 days from the date of publication in the Federal Register] to ensure consideration.</pre>
<pre>I agree with the rationale here, but I'm not sure the process is the best to meet the stated goals, given the shortened evidentiary timeline.</pre>
<pre>Curious what others think.</pre>
<pre>Cheers!</pre>
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