TMEP § 1705.06
The mere filing of a petition to the Director will not act as a stay in any appeal or inter partes proceeding that is pending before the Trademark Trial and Appeal Board, nor stay the period for replying to an Office action in an application, except when a stay is specifically requested and is granted or when §§ 2.63(a) and (b) and 2.65(a) are applicable to an ex parte application.
Filing a petition does not stay the period for replying to an Office action, except when a stay is specifically requested and granted under 37 C.F.R. §2.146(g), or when 37 C.F.R. §§2.63(a) and (b) and 2.65(a) are applicable. Any request to stay a deadline for filing a response to an Office action or notice of appeal should be submitted using the Response to Office action form, explaining that a petition on the outstanding issue(s) is currently pending. The examining attorney should then request permission from the Petitions Office, which is part of the Office of the Deputy Commissioner for Trademark Examination Policy, to suspend action on the case pending a decision on the petition. The examining attorney must not suspend action on an application pending a decision on petition to the Director except upon permission from the Petitions Office or when expressly permitted. 37 C.F.R. §2.146(g). See TMEP §716.02(l) for circumstances when an examining attorney may suspend action pending a decision on a petition to the Director requesting waiver of the domicile address requirement.
A request to suspend a proceeding before the Board pending a decision on petition should be directed to the Board. 37 C.F.R. §2.117(c); TBMP §510.03(a). See TBMP §§510–510.03(b), 1213 regarding suspension of Board proceedings.
Filing a petition to revive an application abandoned for failure to file a proper statement of use or request for an extension of time to file a statement of use does not stay the time for filing a statement of use or further extension request(s). See TMEP §1714.01(b)(i).