1613.18(d) Appeal to Federal Court
The holder of the registration may appeal to the United States Court of Appeals for the Federal Circuit or commence a civil action for review of the decision denying a petition. 15 U.S.C. §1071(a)(1), (b)(1); 37 C.F.R. §2.145(a), (c).
The deadline for filing an appeal or commencing a civil action is two months from the issuance date of the decision on petition. 15 U.S.C. §1071(a)(2), (b)(1); 37 C.F.R. §2.145(d)(1). Under 37 C.F.R. §2.145(d)(2), one day is added to any two-month period that includes February 28.
Under 37 C.F.R. §7.40(c), a decision on petition is necessary before the holder can file an appeal or commence a civil action in any court.