1611    Updating Automated Records to Show the Status of Registrations

USPTO records will be automatically updated to indicate the status of registrations as follows:

  • (1) When the owner of a registration timely files a §8 or §71 affidavit or declaration and/or §9 renewal application, USPTO records are updated to indicate receipt of the document and the action taken on it.  This information appears in the Trademark database.
  • (2) If no §8 or §71 affidavit or declaration is filed before the end of the grace period (see TMEP §1604.04 and §1613.04 regarding the deadlines for filing §8 and §71 affidavits or declarations), USPTO records are automatically updated to indicate that the registration is cancelled, and this information appears in the Trademark database.  However, USPTO records are not updated to show that the registration is cancelled until approximately 10 days after the expiration of the grace period.
  • (3) If no §9 renewal application is filed before the end of the grace period (see TMEP §1606.03 regarding the deadline for filing a renewal application), USPTO records are automatically updated to indicate that the registration is expired, and this information appears in the Trademark database.  However, USPTO records are not updated to show that the registration is expired until approximately 10 days after the expiration of the grace period.

The reason the USPTO waits until approximately 10 days after the expiration of the grace period before updating its records to show that the registration is cancelled or expired is to avoid inadvertent cancellation or expiration of a registration due to a delay in entering a timely filed §8 or §71 affidavit or declaration or §9 renewal application into USPTO records. If an examining attorney determines that 10 days have passed since the expiration of the grace period, but the Trademark database does not indicate that the registration is cancelled or expired, the examining attorney should contact the Supervisor of the Post Registration Section and request that the database be updated to show that the registration is cancelled or expired. If a party other than the examining attorney determines that 10 days have passed since the expiration of the grace period, but the Trademark database does not indicate that the registration is cancelled or expired, the party should send an email to TMFeedback@uspto.gov requesting that the database be updated to show that the registration is cancelled or expired.

If the owner of a registration who has not timely filed a §8 or §71 affidavit or declaration or §9 renewal application wants to expedite cancellation or expiration of its own registration, the owner must file a TEAS Surrender of Registration for Cancellation form, unless an exception to the requirement to file electronically through TEAS applies. See 37 C.F.R §2.23(a). See TMEP §301.01 for more information about electronic filing. See TMEP §301.02 regarding the limited exceptions for paper submissions.  The form must be signed in accordance with the guidelines in TMEP §611.03(f).

See TMEP §716.02(e) regarding suspension of an application for a conflicting mark pending cancellation of the cited registration under §8 or §71 of the Act or expiration of the cited registration for failure to renew under §9 of the Act.