804 Request for Rehearing, Reconsideration, or Modification of Final Decision
37 C.F.R. § 2.129(c) [Oral argument; reconsideration.] Any request for rehearing or reconsideration or modification of a decision issued after final hearing must be filed within one month from the date of the decision. A brief in response must be filed within twenty days from the date of service of the request. The times specified may be extended by order of the Trademark Trial and Appeal Board on motion for good cause.
A party may file a request for rehearing, reconsideration, or modification of a final decision. [ Note 1.] The request must be filed within one month from the date of decision, and a responsive brief, if any, is due within 20 days of the date of service of the request. [ Note 2.] For information concerning requests for rehearing, reconsideration, or modification of a final decision see TBMP § 543.
A party need not request reconsideration before it appeals a Board decision to the Federal Circuit or district court as provided in Trademark Act § 21, 15 U.S.C. § 1071; but, if a party wishes to request reconsideration, it must do so before seeking judicial review of the Board’s decision. [ Note 3.] For information about seeking judicial review of a Board decision see TBMP Chapter 900.
NOTES:
2. 37 C.F.R. § 2.129(c). See MISCELLANEOUS CHANGES TO TRADEMARK TRIAL AND APPEAL BOARD RULES, 81 Fed. Reg. 69950, 69968 (October 7, 2016) ("The Office is amending § 2.129(c) to reflect that all response dates initiated by a service date are twenty days.").