Consent agreement timeline (Section 2(d))
Part #5 in the Section 2(d) checklist — consent or coexistence with the cited mark owner. This timeline is for paralegals and attorneys planning outreach, not for negotiating terms.
| When | Action | Note |
|---|---|---|
| T-60 (response due) | Decide whether consent is on the critical path | If overlap with the cited mark is tight, open outreach now — not after the argument draft. |
| T-45 | Latest reasonable start for third-party consent | Cited owner’s counsel usually drafts. Missing this window often means no signed agreement before due date. |
| T-30 | Status check with cited registration | Confirm the cited mark is still active; suspension or cancellation may change strategy. |
| T-15 | Fallback argument + goods/services amendment ready | If consent stalls, the response must stand without it. |
| T-7 | Freeze scope for the response argument | Late client facts or unsigned consent should not surprise signature day. |
See also: office action extension, serial checker.
FAQ
- Who drafts a trademark consent agreement?
- Typically counsel for the cited mark owner drafts; your firm coordinates business terms and client authorization. VSSQ tracks this as a third-party part with the longest off-firm lead time.
- Can we file without a consent agreement?
- Yes, if your argument stands on other grounds. The BOM marks consent as conditional — but if you are relying on coexistence, missing the agreement means that branch of the response fails.
- How does this interact with the response deadline?
- The USPTO gives three months to respond (37 CFR 2.62(a)), extendable up to six months total with an extension fee. Consent outreach must fit inside the deadline you actually have — including any extension you file.