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Client Alert: IP Deadline Extensions During COVID-19

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Key Takeaways To Consider

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Congress provided new authority under the CARES Act for the Director of the U.S. Patent and Trademark Office (USPTO) to make exceptions to deadlines, including statutory deadlines, in the wake of the COVID-19 (coronavirus) pandemic. Under that authority, many trademark deadlines are eligible to be extended. However, applicants should carefully consider any potential negative implications or ramifications of utilizing a COVID-19-related extension.

Analysis, FAQs & Key Takeaways

Key takeaways are:

To view in-depth statements on how to obtain extensions, FAQs, the key takeaways, rights, and terminations, visit: https://www.bfkn.com/covid-19-ip-takeaways-deadlines-faqs.

Certain USPTO trademark deadlines falling within March 27 - April 30, 2020 (inclusive of the endpoints) will be extended 30 days from the initial due date if the response, when filed, is accompanied by a statement that the delay was due to the COVID-19 outbreak personally affecting someone associated with the filing or fee. If the 30-day extension of time ends on a Saturday, Sunday, or federal holiday, the period for taking action is further extended to the next succeeding business day.

The relief may be extended beyond April 30, 2020 if the COVID-19 situation and its impact on the USPTO’s operations and stakeholders warrant longer relief. The USPTO will provide timely notice if it extends the CARES Act relief.

We Can Help You

We have been on the forefront of dealing with COVID-19 for our clients. We are here to help and happy to consult on any of the above-referenced issues as well as any other IP issues you might be facing.  We are living in very trying times and hopefully we can help make your IP issues a little less trying. Please contact us if you would like to discuss any of these issues or if we can otherwise be of assistance.

COVID-19 Resources

We recommend you evaluate the following pandemic-related business and legal considerations that we have been discussing with our clients:

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