Current through Register 1536, December 6, 2024
Section 62.15 - Procedure Upon Refusal to File(1) If the Secretary finds that a document does not comply with law or contain the information required by 950 CMR 62.00, the Division shall notify the applicant in writing and specify the reasons for refusal. The notice may be posted on the Division's website, sent by mail, postage pre-paid, to the address provided by applicant, or if the applicant has provided the Division with an electronic mail address, to such address. The applicant shall have a reasonable period of time specified by Secretary in which to reply or amend the application, in which event the application shall be re-examined. If the applicant fails to reply or amend within the specified period, the application shall be considered abandoned. This procedure may be repeated until the Secretary notifies applicant of his intent to finally refuse registration of the mark. Applicant may, within 20 days of the date of the notice, request to be heard at an adjudicatory proceeding before the Division subject to the provisions of M.G.L. c. 30A, the State Administrative Procedure Act. The proceedings shall be governed by and conducted in accordance with 950 CMR 101.00: Adjudicatory Proceedings: Corporations Division.(2) Upon the expiration of the 20 day period or conclusion of the adjudicatory proceedings, if applicable, the Secretary shall issue a notice of final refusal to register. Upon such notice, applicant may seek a writ of mandamus to compel registration.