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Electronic Code of Federal Regulations

blue pill

e-CFR Data is current as of October 17, 2014

Title 37Chapter ISubchapter APart 2


TITLE 37—Patents, Trademarks, and Copyrights

CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE

SUBCHAPTER A—GENERAL

PART 2—RULES OF PRACTICE IN TRADEMARK CASES

rule
§2.1
[Reserved]
§2.2
Definitions.
§2.6
Trademark fees.
§2.7
Fastener recordal fees.

Representation by Attorneys or Other Authorized Persons

§2.11
Applicants may be represented by an attorney.
§§2.12-2.16
[Reserved]
§2.17
Recognition for representation.
§2.18
Correspondence, with whom held.
§2.19
Revocation or withdrawal of attorney.

Declarations

§2.20
Declarations in lieu of oaths.

Application for Registration

§2.21
Requirements for receiving a filing date.
§2.22
Filing requirements for a TEAS Plus application.
§2.23
Additional requirements for TEAS Plus application.
§2.24
Designation and revocation of domestic representative by foreign applicant.
§2.25
Documents not returnable.
§2.27
Pending trademark application index; access to applications.

The Written Application

§2.31
[Reserved]
§2.32
Requirements for a complete application.
§2.33
Verified statement.
§2.34
Bases for filing.
§2.35
Adding, deleting, or substituting bases.
§2.36
Identification of prior registrations.
§2.37
Description of mark.
§2.38
Use by predecessor or by related companies.
§2.39
[Reserved]
§2.41
Proof of distinctiveness under section 2(f).
§2.42
Concurrent use.
§2.43
Service mark.
§2.44
Collective mark.
§2.45
Certification mark.
§2.46
Principal Register.
§2.47
Supplemental Register.
§2.48
Office does not issue duplicate registrations.

Drawing

§2.51
Drawing required.
§2.52
Types of drawings and format for drawings.
§2.53
Requirements for drawings filed through the TEAS.
§2.54
Requirements for drawings submitted on paper.
§2.56
Specimens.
§§2.57-2.58
[Reserved]
§2.59
Filing substitute specimen(s).

Examination of Application and Action by Applicants

§2.61
Action by examiner.
§2.62
Procedure for filing response.
§2.63
Reexamination.
§2.64
Final action.
§2.65
Abandonment.
§2.66
Revival of abandoned applications.
§2.67
Suspension of action by the Patent and Trademark Office.
§2.68
Express abandonment (withdrawal) of application.
§2.69
Compliance with other laws.

Amendment of Application

§2.71
Amendments to correct informalities.
§2.72
Amendments to description or drawing of the mark.
§2.73
Amendment to recite concurrent use.
§2.74
Form and signature of amendment.
§2.75
Amendment to change application to different register.
§2.76
Amendment to allege use.
§2.77
Amendments between notice of allowance and statement of use.

Publication and Post Publication

§2.80
Publication for opposition.
§2.81
Post publication.
§2.82
Marks on Supplemental Register published only upon registration.
§2.83
Conflicting marks.
§2.84
Jurisdiction over published applications.

Classification

§2.85
Classification schedules.
§2.86
Application may include multiple classes.
§2.87
Dividing an application.

Post Notice of Allowance

§2.88
Filing statement of use after notice of allowance.
§2.89
Extensions of time for filing a statement of use.

Interferences and Concurrent Use Proceedings

§2.91
Declaration of interference.
§2.92
Preliminary to interference.
§2.93
Institution of interference.
§§2.94-2.95
[Reserved]
§2.96
Issue; burden of proof.
§2.97
[Reserved]
§2.98
Adding party to interference.
§2.99
Application to register as concurrent user.

Opposition

§2.101
Filing an opposition.
§2.102
Extension of time for filing an opposition.
§2.104
Contents of opposition.
§2.105
Notification to parties of opposition proceeding(s).
§2.106
Answer.
§2.107
Amendment of pleadings in an opposition proceeding.

Cancellation

§2.111
Filing petition for cancellation.
§2.112
Contents of petition for cancellation.
§2.113
Notification to parties of cancellation proceeding.
§2.114
Answer.
§2.115
Amendment of pleadings in a cancellation proceeding.

Procedure in Inter Partes Proceedings

§2.116
Federal Rules of Civil Procedure.
§2.117
Suspension of proceedings.
§2.118
Undelivered Office notices.
§2.119
Service and signing of papers.
§2.120
Discovery.
§2.121
Assignment of times for taking testimony.
§2.122
Matters in evidence.
§2.123
Trial testimony in inter partes cases.
§2.124
Depositions upon written questions.
§2.125
Filing and service of testimony.
§2.126
Form of submissions to the Trademark Trial and Appeal Board.
§2.127
Motions.
§2.128
Briefs at final hearing.
§2.129
Oral argument; reconsideration.
§2.130
New matter suggested by the trademark examining attorney.
§2.131
Remand after decision in inter partes proceeding.
§2.132
Involuntary dismissal for failure to take testimony.
§2.133
Amendment of application or registration during proceedings.
§2.134
Surrender or voluntary cancellation of registration.
§2.135
Abandonment of application or mark.
§2.136
Status of application on termination of proceeding.

Appeals

§2.141
Ex parte appeals from action of trademark examining attorney.
§2.142
Time and manner of ex parte appeals.
§2.144
Reconsideration of decision on ex parte appeal.
§2.145
Appeal to court and civil action.

Petitions and Action by the Director

§2.146
Petitions to the Director.
§2.147
[Reserved]
§2.148
Director may suspend certain rules.

Certificate

§2.151
Certificate.

Publication of Marks Registered Under 1905 Act

§2.153
Publication requirements.
§2.154
Publication in Official Gazette.
§2.155
Notice of publication.
§2.156
Not subject to opposition; subject to cancellation.

Reregistration of Marks Registered Under Prior Acts

§2.158
Reregistration of marks registered under Acts of 1881, 1905, and 1920.

Cancellation for Failure To File Affidavit or Declaration

§2.160
Affidavit or declaration of continued use or excusable nonuse required to avoid cancellation of registration.
§2.161
Requirements for a complete affidavit or declaration of continued use or excusable nonuse.
§2.162
Notice to registrant.
§2.163
Acknowledgment of receipt of affidavit or declaration.
§2.164
Correcting deficiencies in affidavit or declaration.
§2.165
Petition to Director to review refusal.
§2.166
Affidavit of continued use or excusable nonuse combined with renewal application.

Affidavit or Declaration Under Section 15

§2.167
Affidavit or declaration under section 15.
§2.168
Affidavit or declaration under section 15 combined with affidavit or declaration under sections 8 or 71, or with renewal application.

Correction, Disclaimer, Surrender, Etc.

§2.171
New certificate on change of ownership.
§2.172
Surrender for cancellation.
§2.173
Amendment of registration.
§2.174
Correction of Office mistake.
§2.175
Correction of mistake by owner.
§2.176
Consideration of above matters.

Term and Renewal

§2.181
Term of original registrations and renewals.
§2.182
Time for filing renewal application.
§2.183
Requirements for a complete renewal application.
§2.184
Refusal of renewal.
§2.185
Correcting deficiencies in renewal application.
§2.186
Petition to Director to review refusal of renewal.

General Information and Correspondence in Trademark Cases

§§2.188-2.189
[Reserved]
§2.190
Addresses for trademark correspondence with the United States Patent and Trademark Office.
§2.191
Business to be transacted in writing.
§2.192
Business to be conducted with decorum and courtesy.
§2.193
Trademark correspondence and signature requirements.
§2.194
Identification of trademark application or registration.
§2.195
Receipt of trademark correspondence.
§2.196
Times for taking action: Expiration on Saturday, Sunday or Federal holiday.
§2.197
Certificate of mailing or transmission.
§2.198
Filing of correspondence by “Express Mail.”

Trademark Records and Files of the Patent and Trademark Office

§2.200
Assignment records open to public inspection.
§2.201
Copies and certified copies.

Fees and Payment of Money in Trademark Cases

§2.206
Trademark fees payable in advance.
§2.207
Methods of payment.
§2.208
Deposit accounts.
§2.209
Refunds.


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