[E-trademarks] Petition to Revive - "unintentional delay in responding"

[Jamie Shelden]

Happy New Year Listmates!

I’m wondering if you all have any thoughts on the following tactic regarding a 2(d) refusal citing three existing registrations that are due for renewal later this year.  An extension of time to file a response to the refusal was filed in October.  Our new deadline to respond is at the end of this month.  However, the renewal deadlines for the three cited applications are not until the very end of January (for one mark) and July and August for the remaining 2 marks (plus the grace periods, of course).  We have good reason to believe that none of the 3 cited marks will be renewed and if the owners attempt to renew, we are prepared to file Petitions to Cancel based on fraudulent specimens of use.  But meanwhile, we have the response deadline coming up.  The client has asked if we can “miss” the deadline, then file a Petition to Revive when that deadline comes up.  That would buy us several months.  In my experience, Notices of Abandonment are coming a two months or more after the response deadline and then we would have 60 days after that.  

The problem is that we can’t exactly say honestly that the delay in responding would be unintentional at this point.

Any thoughts on getting around this unintentional delay issue?

Thanks in advance.

Best,
Jamie



1760-F Airline Highway, PMB 220
Hollister, CA 95023
M 831.261.5444 
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