108.03 Due Diligence: Duty to Monitor Status
37 C.F.R. §2.23(d)
Notices issued or actions taken by the USPTO are displayed in the USPTO's publicly available electronic systems. Applicants and registrants are responsible for monitoring the status of their applications and registrations in the USPTO's electronic systems during the following time periods:
- (1) At least every six months between the filing date of the application and issuance of a registration; and
- (2) After filing an affidavit of use or excusable nonuse under section 8 or section 71 of the Act, or a renewal application under section 9 of the Act, at least every six months until the registrant receives notice that the affidavit or renewal application has been accepted.
Applicants and registrants are responsible for tracking the status of trademark matters pending before the USPTO in accordance with the time frames in 37 C.F.R. §2.23(d). A party who has not received a notice or action from the USPTO within that time frame is responsible for promptly checking the matter’s status and requesting corrective action, if necessary. See id. Failure to act diligently and follow up with appropriate action may result in denial of the requested relief. See TMEP §§1705.05, 1714.01(d).
See TMEP §108.01 regarding checking the status of an application or registration through the Trademark Status and Document Retrieval (TSDR) database and §108.02 regarding telephone assistance and status checks with TAC.
See TMEP §1705.05 for more information regarding the responsibility of applicants and registrants to periodically check the status of a pending application or post-registration filing and the options available if the application has been abandoned or the registration has been cancelled or expired.