[E-trademarks] Due Date for Nov. 30 Office Action?

Dineen Wasylik dineen at wasylik.net
Mon Dec 2 20:11:00 UTC 2024


This is the answer, thank you!  The rule is definitely 3 months not 90
days.  And I used "time and date" but wasn't sure if it comported with the
USPTO's rules.  This TMEP section answers it.  As always, Ed has the
answers!

On Mon, Dec 2, 2024 at 12:49 PM Edward Timberlake <ed at timberlakelaw.com>
wrote:

> TMEP 310 might be helpful:
>
>
> https://tmep.uspto.gov/RDMS/TMEP/current#/result/TMEP-300d1e1222.html?q=Deadline%20february&ccb=on&ncb=off&icb=off&fcb=off&ver=current&syn=and&results=compact&sort=relevance&cnt=10&index=1
>
>
>
> Sincerely,
>
> Ed Timberlake
> *Board Certified Specialist in Trademark Law
> <https://www.nclawspecialists.gov/for-the-public/find-a-board-certified-specialist/results/detail/?id=29473>*
>
> *Timberlake Law* <http://timberlakelaw.com/>
> Chapel Hill, NC
>
> Schedule a call on Clarity <https://clarity.fm/edtimberlake>
> ed at timberlakelaw.com
> 919.960.1950
>
>
>
>
>
>
>
>
> On Mon, Dec 2, 2024 at 12:46 PM Cumbow, Bob via E-trademarks <
> e-trademarks at oppedahl-lists.com> wrote:
>
>> I believe the rule is “90 days” not “three months”. Perhaps someone can
>> confirm that?
>>
>>
>>
>> Bob
>>
>>  Cumbow
>>
>> Partner
>>
>> Miller Nash LLP
>>
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>> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On
>> Behalf Of *Dineen Wasylik via E-trademarks
>> *Sent:* Monday, December 2, 2024 9:31 AM
>> *To:* Carl Oppedahl <E-trademarks at oppedahl-lists.com>
>> *Cc:* Dineen Wasylik <dineen at wasylik.net>
>> *Subject:* [E-trademarks] Due Date for Nov. 30 Office Action?
>>
>>
>>
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>>
>> ------------------------------
>>
>> My brain just isn't working today.  Three months from Nov. 30 is Feb 30,
>> which doesn't exist.  Does the deadline therefore roll to March 1?  I am
>> reading Federal Rule of Civil Procedure 6(a)(1) and it does not make a
>> provision for "if the last day doesn't exist."  It says "if the last day is
>> a Saturday, Sunday, or legal holiday, the period continues to run until the
>> end of the next day that is not a Saturday, Sunday, or legal holiday."
>>
>>
>> Or, does it go from last day of the month to last day of the month and
>> therefore to Feb 28th?
>>
>>
>>
>> (I am calendaring Feb 28th until told otherwise, but now I am just
>> curious).
>>
>>
>>
>> Best.
>>
>> Dineen
>>
>> Dineen Pashoukos Wasylik
>>
>> DPW Legal
>>
>> Copyright, Trademark and Appellate Litigation in Tampa, FL
>>
>> www.ip-appeals.com   *  813-778-5161
>>
>>
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