1716.04(f) Requesting Reinstatement After Cancellation for Failure to Respond
If a registration is cancelled, in whole or in part, because of a failure to respond to a nonfinal or final Office action in an expungement or reexamination proceeding, and that failure to respond is due to an extraordinary situation, the registrant may file a petition requesting reinstatement of the registration, in whole or in part, and resumption of the proceeding. See 37 C.F.R §2.146(a)(5). The petition must be filed no later than two months after the date of actual knowledge of the cancellation of the registration, in whole or in part, and may not be filed later than six months after the date of cancellation in TSDR. 37 C.F.R. §2.146(d)(2)(iv). In addition, the petition must include a response to the Office action or an appeal to the TTAB (if the registrant failed to respond to a final action). 37 C.F.R. §2.146(c)(2).