37 C.F.R. PART 2--RULES OF PRACTICE IN TRADEMARK CASES


TITLE 37--Patents, Trademarks, and Copyrights

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

PART 2--RULES OF PRACTICE IN TRADEMARK CASES

rule
�2.1
[Reserved]
�2.2
Definitions.
�2.6
Trademark fees.
�2.7
Fastener recordal fees.
�2.11
Representation before the Office.
��2.12-2.16
[Reserved]
�2.17
Recognition for representation.
�2.18
Correspondence, with whom held.
�2.19
Revocation of power of attorney; withdrawal.
�2.20
Declarations in lieu of oaths.
�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 of domestic representative by foreign applicant.
�2.25
Papers not returnable.
�2.26
Use of old drawing in new application.
�2.27
Pending trademark application index; access to applications.
�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.
�2.51
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).
�2.61
Action by examiner.
�2.62
Period for 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.
�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 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.
�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.
�2.85
Classification schedules.
�2.86
Application may include multiple classes.
�2.87
Dividing an application.
�2.88
Filing statement of use after notice of allowance.
�2.89
Extensions of time for filing a statement of use.
�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.
�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.
�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.
�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 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 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.
�2.141
appeals from the Examiner of Trademarks.
�2.142
Time and manner of appeals.
�2.144
Reconsideration of decision on appeal.
�2.145
Appeal to court and civil action.
�2.146
Petitions to the Director.
�2.147
[Reserved]
�2.148
Director may suspend certain rules.
�2.151
Certificate.
�2.153
Publication requirements.
�2.154
Publication in
�2.155
Notice of publication.
�2.156
Not subject to opposition; subject to cancellation.
�2.158
Reregistration of marks registered under Acts of 1881, 1905, and 1920.
�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.
�2.167
Affidavit or declaration under section 15.
�2.168
Affidavit or declaration under section 15 combined with affidavit or declaration under section 8, or with renewal application.
�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 registrant.
�2.176
Consideration of above matters.
�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.
��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.''
�2.200
Assignment records open to public inspection.
�2.201
Copies and certified copies.
�2.206
Trademark fees payable in advance.
�2.207
Methods of payment.
�2.208
Deposit accounts.
�2.209
Refunds.
rule



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