1003.04(c) Periodic Inquiries Issued as to Status of Foreign Application
Examining attorneys must issue inquiries as to the status of the foreign application in applications that have been suspended for more than six months. See TMEP §716.05. If the applicant does not respond to this inquiry within six months of the issuance date, the application will be abandoned for failure to respond to an Office action. See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a); TMEP §718.02.
If the foreign application has not yet matured to registration, the applicant should submit a statement to that effect. This statement may be submitted using the TEAS Response to Suspension Inquiry or Letter of Suspension form in a formal response to the suspension inquiry or by timely notifying the examining attorney in an informal communication by telephone or email. In such case, the examining attorney will issue a new notice of suspension. If the statement is provided through informal communications, the examining attorney must also enter a Note to the File in the record that indicates the applicant’s response. See TMEP §709.05.
If the applicant states that the foreign registration has issued, but does not provide a copy of the certificate, the examining attorney must issue an Office action requiring a copy, unless the applicant has established that it cannot obtain a copy of the foreign registration due to extraordinary circumstances (e.g., war or natural disaster). See 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP § §716.02(b), 1004.01.