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Trademark Law Summary
To Amend Title 35, United States Code
H.R. 1778, 03/29/2007
Basic Information
This proposed legislation was introduced in the House of Representatives by Rep. Wiiliam D. Delahunt (Ma.), and co-sponsored by 17 others on March 29, 2007. As the title of the bill suggests, the bill the Director of the US Patent and Trademark Office (USPTO) is given the discretion to accept late filings in specific cases.
Particularly, under the bill, the Director of the USPTO is granted the authority to accept any application or other filing, such as with respect to the registration of a mark, made by an applicant for, or owner of, a patent or trademark after the lapse of the deadline, as the Director may deem appropriate. However, for such allowance to be granted, the applicant or owner must file a petition within 30 days after such deadline explaining that the cause of the delay was unintentional.
The petition mentioned above shall be considered denied if the Director has not made a determination thereon within 60 days after the date on which the petition is filed. A decision by the Director not to exercise, or a failure to exercise, the discretion shall not be subject to judicial review.
The 30-day period to file the petition contemplated under the act after the expiration of the deadline of filing shall begin on the date of enactment of the act for trademark applicants or owners.
After the bill was introduced on the floor on March 29, 2007, it was referred on April 20, 2007 to the House Subcommittee on Courts, the Internet, and Intellectual Property.
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