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The Code of Federal Regulations (CFR) annual edition is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government produced by the Office of the Federal Register (OFR) and the Government Publishing Office.

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Electronic Code of Federal Regulations

Electronic Code of Federal Regulations

e-CFR data is current as of November 25, 2015

Title 37Chapter ISubchapter APart 2

TITLE 37—Patents, Trademarks, and Copyrights




Trademark fees.
Fastener recordal fees.

Representation by Attorneys or Other Authorized Persons

Applicants may be represented by an attorney.
Recognition for representation.
Correspondence, with whom held.
Revocation or withdrawal of attorney.


Declarations in lieu of oaths.

Application for Registration

Requirements for receiving a filing date.
Requirements for a TEAS Plus application.
Requirements for a TEAS RF application.
Designation and revocation of domestic representative by foreign applicant.
Documents not returnable.
Pending trademark application index; access to applications.

The Written Application

Requirements for a complete trademark or service mark application.
Verified statement for a trademark or service mark.
Bases for filing a trademark or service mark application.
Adding, deleting, or substituting bases.
Identification of prior registrations.
Description of mark.
Use by predecessor or by related companies.
Proof of distinctiveness under section 2(f).
Concurrent use.
Service mark.
Requirements for a complete collective mark application.
Requirements for a complete certification mark application; restriction on certification mark application.
Principal Register.
Supplemental Register.
Office does not issue duplicate registrations.


Drawing required.
Types of drawings and format for drawings.
Requirements for drawings filed through the TEAS.
Requirements for drawings submitted on paper.
Filing substitute specimen(s).

Examination of Application and Action by Applicants

Action by examiner.
Procedure for filing response.
Action after response.
Revival of abandoned applications.
Suspension of action by the Patent and Trademark Office.
Express abandonment (withdrawal) of application.
Compliance with other laws.

Amendment of Application

Amendments to correct informalities.
Amendments to description or drawing of the mark.
Amendment to recite concurrent use.
Form and signature of amendment.
Amendment to change application to different register.
Amendment to allege use.
Amendments between notice of allowance and statement of use.

Publication and Post Publication

Publication for opposition.
Post publication.
Marks on Supplemental Register published only upon registration.
Conflicting marks.
Jurisdiction over published applications.


Classification schedules.
Multiple-class applications.
Dividing an application.

Post Notice of Allowance

Statement of use after notice of allowance.
Extensions of time for filing a statement of use.

Interferences and Concurrent Use Proceedings

Declaration of interference.
Preliminary to interference.
Institution of interference.
Issue; burden of proof.
Adding party to interference.
Application to register as concurrent user.


Filing an opposition.
Extension of time for filing an opposition.
Contents of opposition.
Notification to parties of opposition proceeding(s).
Amendment of pleadings in an opposition proceeding.


Filing petition for cancellation.
Contents of petition for cancellation.
Notification to parties of cancellation proceeding.
Amendment of pleadings in a cancellation proceeding.

Procedure in Inter Partes Proceedings

Federal Rules of Civil Procedure.
Suspension of proceedings.
Undelivered Office notices.
Service and signing of papers.
Assignment of times for taking testimony.
Matters in evidence.
Trial testimony in inter partes cases.
Depositions upon written questions.
Filing and service of testimony.
Form of submissions to the Trademark Trial and Appeal Board.
Briefs at final hearing.
Oral argument; reconsideration.
New matter suggested by the trademark examining attorney.
Remand after decision in inter partes proceeding.
Involuntary dismissal for failure to take testimony.
Amendment of application or registration during proceedings.
Surrender or voluntary cancellation of registration.
Abandonment of application or mark.
Status of application on termination of proceeding.


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

Petitions and Action by the Director

Petitions to the Director.
Director may suspend certain rules.



Publication of Marks Registered Under 1905 Act

Publication requirements.
Publication in Official Gazette.
Notice of publication.
Not subject to opposition; subject to cancellation.

Reregistration of Marks Registered Under Prior Acts

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

Cancellation for Failure To File Affidavit or Declaration

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

Affidavit or Declaration Under Section 15

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

Correction, Disclaimer, Surrender, Etc.

New certificate on change of ownership.
Surrender for cancellation.
Amendment of registration.
Correction of Office mistake.
Correction of mistake by owner.
Consideration of above matters.

Term and Renewal

Term of original registrations and renewals.
Time for filing renewal application.
Requirements for a complete renewal application.
Refusal of renewal.
Correcting deficiencies in renewal application.
Petition to Director to review refusal of renewal.

General Information and Correspondence in Trademark Cases

Addresses for trademark correspondence with the United States Patent and Trademark Office.
Business to be transacted in writing.
Business to be conducted with decorum and courtesy.
Trademark correspondence and signature requirements.
Identification of trademark application or registration.
Receipt of trademark correspondence.
Times for taking action: Expiration on Saturday, Sunday or Federal holiday.
Certificate of mailing or transmission.
Filing of correspondence by Priority Mail Express®.

Trademark Records and Files of the Patent and Trademark Office

Assignment records open to public inspection.
Copies and certified copies.

Fees and Payment of Money in Trademark Cases

Trademark fees payable in advance.
Methods of payment.
Deposit accounts.

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