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15 U.S. Code § 1066b. Ex parte reexamination
(a) Petition for reexamination
Any person may file a petition to reexamine a registration of a mark on the basis that the mark was not in use in commerce on or in connection with some or all of the goods or services recited in the registration on or before the relevant date.
(b) Relevant dateIn this section, the term “relevant date” means, with respect to an application for the registration of a mark with an initial filing basis of—
(1)
section 1051(a) of this title and not amended at any point to be filed pursuant to section 1051(b) of this title, the date on which the application was initially filed; or
(2)section 1051(b) of this title or amended at any point to be filed pursuant to section 1051(b) of this title, the date on which—
(A)
an amendment to allege use under section 1051(c) of this title was filed; or
(B)
the period for filing a statement of use under section 1051(d) of this title expired, including all approved extensions thereof.