1704.1 Filing the Second Request for Reconsideration
If the U.S. Copyright Office refuses to register a work after reviewing a first request for reconsideration, the applicant may submit a second request for reconsideration.
A second request for reconsideration must be in writing. The request should specify the reasons that the applicant believes that registration was improperly refused, including any legal arguments or supplementary information that support the applicant’s position. The applicant must specifically address the Office’s reasons for upholding the refusal to register following the applicant’s first request for reconsideration. See 37 C.F.R. § 202.5 (C) (1).
The applicant must provide the following information in the subject line on the first page of the request:
• A statement that the document is a “SECOND RECONSIDERATION.”
• The ten digit case number/service request number that the Office assigned to the claim and the seven digit correspondence ID number that appears in the subject line of the Office’s response to the applicant’s first request for reconsideration.
• The name of the copyright claimant(s) specified in the application and the title(s) of the work exactly as it appears in the application.
The pages of the second request should be numbered as well as any attachments or exhibits thereto.
The applicant should send one copy of the request to the address specified in Section 1708.2, together with a copy of the reply sheet that was attached to the Office’s response to the applicant’s first request for reconsideration, and the filing fee set forth in 37 C.F.R.
§ 201.3 (D) (4)(ii).
The second request and the filing fee must be postmarked or dispatched by a commercial carrier, courier, or messenger within three months of the date set forth in the Office’s response to the first request for reconsideration. See Sections 1708.1 and 1708.3.
See generally 37 C.F.R. § 202.5 (C) (1)- (3) (setting forth the procedure for submitting a second request for reconsideration).