(a) A response to the examiner's initial refusal to accept an affidavit or declaration
is required before filing a petition to the Director, unless the examiner directs
otherwise. See § 2.163(b) for the deadline for responding to an examiner's Office action.
(b) If the examiner maintains the refusal of the affidavit or declaration, the owner
may file a petition to the Director to review the action. The petition must be filed within six months of the date of issuance of the action
maintaining the refusal, or the Office will cancel the registration and issue a notice
of the cancellation.
(c) A decision by the Director is necessary before filing an appeal or commencing a civil
action in any court.
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