---
kind: "section"
citation: "37 C.F.R. § 2.164"
title: "37"
number: "2.164"
heading: "Correcting deficiencies in affidavit or declaration."
url: "https://uscodex.org/cfr/37/2.164"
---

# §2.164. Correcting deficiencies in affidavit or declaration.

- (a) If the affidavit or declaration is filed within the time periods set forth in section 8 of the Act, deficiencies may be corrected after notification from the Office, as follows:
  - (1) **Correcting deficiencies in affidavits or declarations timely filed within the periods set forth in sections 8(a)(1) and 8(a)(2) of the Act.** If the affidavit or declaration is timely filed within the relevant filing period set forth in [section 8(a)(1)](/cfr/37/8.md?p=a-1) or section 8(a)(2) of the Act, deficiencies may be corrected before the end of this filing period without paying a deficiency surcharge. Deficiencies may be corrected after the end of this filing period with payment of the deficiency surcharge required by section 8(c) of the Act and [§ 2.6](/cfr/37/2.6.md).
  - (2) **Correcting deficiencies in affidavits or declarations filed during the grace period.** If the affidavit or declaration is filed during the six-month grace period provided by section 8(a)(3) of the Act, deficiencies may be corrected before the expiration of the grace period without paying a deficiency surcharge. Deficiencies may be corrected after the expiration of the grace period with payment of the deficiency surcharge required by section 8(c) of the Act and [§ 2.6](/cfr/37/2.6.md).
- (b) If the affidavit or declaration is not filed within the time periods set forth in section 8 of the Act, the registration will be cancelled.

## Notes

### Amendments

[75 FR 35976, June 24, 2010, as amended at 76 FR 69133, Nov. 8, 2011]

### Authority

Authority: Secs. 2.161 to 2.165 also issued under sec. 8, 60 Stat. 431; 15 U.S.C. 1058.

### Authority

Authority: 15 U.S.C. 1113, 1123; 35 U.S.C. 2; sec. 10, Pub. L. 112-29, 125 Stat. 284; Pub. L. 116-260, 134 Stat. 1182, unless otherwise noted. Sec. 2.99 also issued under secs. 16, 17, 60 Stat. 434; 15 U.S.C. 1066, 1067.

### Source

Source: 30 FR 13193, Oct. 16, 1965, unless otherwise noted.

### Amendments

[75 FR 35976, June 24, 2010, as amended at 76 FR 69133, Nov. 8, 2011]