USPTO Offers Relief for Trademark Owners Affected by California Wildfires

The recent wildfires in California have had devastating effects on businesses and individuals alike. If you’re a trademark owner or applicant affected by these fires, the United States Patent and Trademark Office (USPTO) has put special relief measures in place to help protect your rights.

Extended Deadlines for Trademark Filings

If your trademark application or registration is tied to a California address impacted by the wildfires as of January 7, 2025, and you missed a response deadline due to the disaster, you can request relief. The USPTO will withdraw and reissue any outstanding Office communications—such as Office actions or notices of allowance—giving you a fresh response period. To request this, you must:

Submit your request before the original deadline.
Clearly state that the delay was due to the wildfires.
Email your request to TMPolicy@uspto.gov with “Wildfires Relief” in the subject line.
Include your application or registration serial number.

Additionally, if your business address has changed due to the wildfires, update your information in the USPTO’s system using the Change Address or Representation (CAR) form to ensure you receive future communications.

Reinstating Abandoned or Canceled Trademarks

If your trademark application was abandoned or your trademark registration was canceled because you were unable to respond in time due to the wildfires, you may be able to get it reinstated. The USPTO is waiving the usual petition fees for this process.

To reinstate your trademark:

File a Petition to Revive Abandoned Application for applications.
File a Petition to the Director for canceled registrations.
Include a statement explaining that the wildfire impact caused the missed deadline.
Pay the petition fee upfront (this will be refunded once your request is approved).
Email TMPolicy@uspto.gov to request the refund.

Trademark Trial and Appeal Board (TTAB) Extensions

If your trademark is involved in a Trademark Trial and Appeal Board (TTAB) proceeding, such as an appeal or opposition case, you may request an extension, reopening, or suspension of the proceedings. To do this, file your request through the TTAB’s electronic filing system and explain how the wildfires affected your ability to meet deadlines. Appeals typically require a request, while trial cases require filing a motion.

Important Limitations to Relief

While the USPTO is offering flexibility, certain deadlines set by law cannot be extended. This includes:

The 36-month deadline to file a Statement of Use after receiving a Notice of Allowance.
Deadlines for renewals and affidavits of continued use or excusable nonuse for maintaining your registration.
The deadline for filing oppositions or extensions to oppose a trademark.

Statutory fees for these filings also cannot be waived.

Checklist for Trademark Owners Affected by California Wildfires

✅ Need more time to respond? Request a reissued Office communication by emailing TMPolicy@uspto.gov before your deadline.
✅ Trademark abandoned or canceled? File a petition and request a refund of the petition fee.
✅ Business address changed? Update your details using the CAR form.
✅ Involved in a TTAB proceeding? Request an extension or suspension if needed.
✅ Check your deadlines. Some deadlines cannot be extended, so review your trademark status carefully.

If you’ve been impacted by the wildfires and need help navigating these relief options, TradeMark Express is here to assist. Reach out to us for guidance on protecting your trademark rights during this challenging time.

Staff Trademark Express