When Filing Maintenance Documents: Beware!

uspto_modern1613.17(a) Correcting Deficiencies in Affidavits or Declarations Timely Filed Within the Periods Set Forth in § 71(a) of the Act

If the affidavit or declaration is filed during the periods set forth in § 71(a) of the Act (i.e., during the sixth year after the date of registration in the United States, or within one year before the end of any ten-year period after the date of registration in the United States), deficiencies may be corrected, after notification from the Office, within the relevant period without paying a deficiency surcharge, or after the expiration of the relevant period with payment of the deficiency surcharge required by § 71(c) of the Act, 15 U.S.C. § 1141k(c).

Any deficiency must be cured before the end of the relevant filing period set forth in § 71 of the Act or within the set period for response to the Office action, whichever is later. 15 U.S.C. § 1141k(c). If no response is filed, or if the holder does not correct the deficient affidavit or declaration, within this time period, the registration will be cancelled, unless time remains in the grace period under §71(a)(3) of the Act, 15 U.S.C. §1141k(a)(3). If time remains in the grace period, the holder may file a complete new affidavit, with a new fee. See TMEP § 1613.16.

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