The Board dismissed this petition for cancellation on summary
judgment, ruling that the USPTO's acceptance of an untimely
Section 8 Declaration is not a ground for cancellation. Respondent
Direct Impulse missed the deadline to respond to a
post-registration office action rejecting its Section 8
Declaration, but the Office then accepted a later, corrected filing
well after the renewal grace period had expired. Bonehead Brands, LLC v. Direct Impulse Design,
Inc., Cancellation No. 92068333 (February 13, 2019) [not
precedential].
Petitioner Bonehead contended that the subject registration was
automatically cancelled when Direct Impulse failed to file a proper
Section 8 Declaration prior to expiration of the grace period for
renewal. The Board, however, ruled that "[a]n allegation that
a registrant made an untimely or deficient declaration under
Section 8, or that the USPTO should not have renewed a
registration, is not an available ground for cancellation
