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Within thirty (30) days from receipt of the Final Refusal, the applicant may file an appeal with the Director of the Bureau of Trademarks if he believes the Examiner erred in issuing the refusal.
If the Applicant believes that the Trademark Examiner erred in refusing his application, or if he believes that the Examiner misapplied the law, misunderstood the facts, or failed to consider key aspects of the case, he may challenge the decision to the Director of Trademarks within thirty (30) days from receipt of the final refusal. In filing an appeal, the applicant must ensure that the legal arguments supporting the appeal are well-founded and supported by relevant evidence. Payment of the prescribed appeal fee is fatal, as failure to do so renders the appeal ineffective and without legal force, essentially treating it as a mere scrap of paper.
After lodging an appeal, the Applicant waits for the decision of the Director, After reviewing the case, the Director may either affirm, reverse, or remand the refusal for further examination.
If a trademark Examiner refuses your application, you will receive an official notification stating the reasons for the refusal. You have two (2) months from the mailing date of this action to respond. This period can be extended for another two (2) months upon written request and payment of the required fee.
To appeal to the Director, you must file a Notice of Appeal and pay the required fee within two (2) months from the mailing date of the Final Action. Within the same period, you are also required to file an Appellant's Brief outlining the arguments and authorities supporting your appeal. Failure to file the brief within the allowed time may result in the dismissal of your appeal.
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