[E-trademarks] Failure to Timely File Sec. 8 Decl.

Mon Jul 28 19:28:15 UTC 2025

However, bear in mind that it is a NEW application without regard to any rights that were previously conferred to the former registration.  Any intervening marks may be cited by the examining attorney as a basis for refusal of registration.  In that case, you’re looking at a cancellation proceeding against the intervening mark. Been there.

Kind regards,

Diane L. Gardner
Reg. No. 36,518
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Crane, Susan via E-trademarks
Sent: Monday, July 28, 2025 3:17 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Crane, Susan <susan.crane at wyndham.com>; Michael Eshaghian <michael at meshiplaw.com>
Subject: Re: [E-trademarks] Failure to Timely File Sec. 8 Decl.

Exactly.  If the new application exactly mirrors the original reg, they will allow it to be expedited.  Exam then happens much faster.  See TMEP 702.02

Sue

Susan L. Crane
Group Vice President, Legal
Intellectual Property, Brands & Marketing

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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> On Behalf Of Kevin Grierson via E-trademarks
Sent: Monday, July 28, 2025 3:00 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Cc: Kevin Grierson <kgrierson at cm.law<mailto:kgrierson at cm.law>>; Michael Eshaghian <michael at meshiplaw.com<mailto:michael at meshiplaw.com>>
Subject: Re: [E-trademarks] Failure to Timely File Sec. 8 Decl.

If the grace period has expired, there’s no way to revive a cancelled registration unless you can show that the cancellation is somehow due to PTO error or that the required filing was actually mailed in by the registrant. If those don’t
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If the grace period has expired, there’s no way to revive a cancelled registration unless you can show that the cancellation is somehow due to PTO error or that the required filing was actually mailed in by the registrant.   If those don’t apply, you can file a new application and then request expedited consideration on the grounds that that the cancellation was inadvertent.

Kevin Grierson
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> On Behalf Of Michael Eshaghian via E-trademarks
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Cc: Michael Eshaghian <michael at meshiplaw.com<mailto:michael at meshiplaw.com>>
Subject: [E-trademarks] Failure to Timely File Sec. 8 Decl.

EXTERNAL EMAIL
Hi all,

Is it possible to file a petition to revive a registration for failure to file a Sec. 8 Declaration on time? I don’t see anything regarding that in the TMEP (it only discusses things like failure to respond to an OA or to file an SOU).

Thank you,
Michael

Michael Eshaghian
Attorney

Mesh IP Law, PC
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