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Code of Federal Regulations (Last Updated: April 5, 2024) |
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Title 37 - Patents, Trademarks, and Copyrights |
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Chapter I - United States Patent and Trademark Office, Department of Commerce |
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SubChapter A - General |
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Part 2 - Rules of Practice in Trademark Cases |
| § 2.1 - [Reserved] |
| § 2.2 - Definitions. |
| § 2.6 - Trademark fees. |
| § 2.7 - Fastener recordal fees. |
| Ex Parte Expungement and Reexamination |
| § 2.91 - Petition for expungement or reexamination. |
| § 2.92 - Institution of ex parte expungement and reexamination proceedings. |
| § 2.93 - Expungement and reexamination procedures. |
| Cancellation |
| § 2.111 - Filing petition for cancellation. |
| § 2.112 - Contents of petition for cancellation. |
| § 2.113 - Notification of cancellation proceeding. |
| § 2.114 - Answer. |
| Concurrent Use Proceedings |
| § 2.94 - xxx |
| § 2.99 - Application to register as concurrent user. |
| §§ 2.91--2.98 - [Reserved] |
| §§ 2.95--2.98 - [Reserved] |
| Court Orders Under Section 37 |
| Post Notice of Allowance |
| § 2.88 - Statement of use after notice of allowance. |
| § 2.89 - Extensions of time for filing a statement of use. |
| 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. |
| § 2.162 - 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. |
| Examination of Application and Action by Applicants |
| § 2.61 - Action by examiner. |
| § 2.62 - Procedure for submitting response. |
| § 2.63 - Action after response. |
| § 2.64 - Reinstatement of applications and registrations abandoned, cancelled, or expired due to Office error. |
| § 2.65 - Abandonment. |
| § 2.66 - Revival of applications abandoned in full or in part due to unintentional delay. |
| § 2.67 - Suspension of action by the Patent and Trademark Office. |
| § 2.68 - Express abandonment (withdrawal) of application. |
| § 2.69 - Compliance with other laws. |
| Cancellation Proceedings Before the Trademark Trial and Appeal Board |
| § 2.115 - Amendment of pleadings in a cancellation proceeding. |
| Cancellation for Failure to File Affidavit or Declaration During Sixth Year |
| 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. |
| Petitions and Actions by the Commissioner |
| 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. |
| § 2.177 - xxx |
| General Information and Correspondence in Trademark Cases |
| § 2.188 - [Reserved] |
| § 2.189 - xxx |
| § 2.190 - Addresses for trademark correspondence with the United States Patent and Trademark Office. |
| § 2.191 - Action of the Office based on the written record. |
| § 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 - Filing date of trademark correspondence. |
| § 2.196 - Times for taking action: Expiration on Saturday, Sunday or Federal holiday. |
| § 2.197 - Certificate of mailing. |
| § 2.198 - Filing of correspondence by Priority Mail Express®. |
| §§ 2.188--2.189 - [Reserved] |
| Classification |
| § 2.85 - Classification schedules. |
| § 2.86 - Multiple-class applications. |
| § 2.87 - Dividing an application. |
| Reregistration of Marks Registered Under Prior Acts |
| § 2.158 - Reregistration of marks registered under Acts of 1881, 1905, and 1920. |
| Trademark Records and Files of the Patent and Trademark Office |
| § 2.200 - Assignment records open to public inspection. |
| § 2.201 - Copies and certified copies. |
| Appeals |
| § 2.141 - Ex parte appeals. |
| § 2.142 - Time and manner of ex parte appeals. |
| § 2.143 - [Reserved] |
| § 2.144 - Reconsideration of decision on ex parte appeal. |
| § 2.145 - Appeal to court and civil action. |
| 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 - Facsimiles. |
| § 2.58 - Specimens or facsimiles in the case of a service mark. |
| § 2.59 - Filing substitute specimen(s). |
| §§ 2.57--2.58 - [Reserved] |
| Petitions and Action by the Director |
| § 2.146 - Petitions to the Director. |
| § 2.147 - Petition to the Director to accept a paper submission. |
| § 2.148 - Director may suspend certain rules. |
| § 2.149 - xxx |
| 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. |
| § 2.187 - [Reserved] |
| §§ 2.185--2.187 - [Reserved] |
| 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. |
| 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. |
| Declarations |
| § 2.20 - Declarations in lieu of oaths. |
| Certificate |
| § 2.151 - Certificate. |
| Opposition |
| § 2.101 - Filing an opposition. |
| § 2.102 - Extension of time for filing an opposition. |
| § 2.103 - [Reserved] |
| § 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. |
| Procedure inInter Partes Proceedings |
| § 2.116 - Federal Rules of Civil Procedure. |
| § 2.118 - Undelivered Office notices. |
| § 2.119 - Service and signing. |
| § 2.120 - Discovery. |
| § 2.121 - Assignment of times for taking testimony and presenting evidence. |
| § 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 or registration on termination of proceeding. |
| Interferences and Concurrent Use Proceedings |
| § 2.96 - Issue; burden of proof. |
| § 2.97 - [Reserved] |
| § 2.98 - Adding party to interference. |
| §§ 2.94--2.95 - [Reserved] |
| Application for Registration |
| § 2.21 - Requirements for receiving a filing date. |
| § 2.22 - Requirements for a TEAS Plus application. |
| § 2.23 - Requirement to correspond electronically with the Office and duty to monitor status. |
| § 2.24 - Designation and revocation of domestic representative by foreign applicant. |
| § 2.25 - Documents not returnable. |
| § 2.26 - Use of old drawing in new application. |
| § 2.27 - Pending trademark application index; access to applications. |
| 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. |
| The Written Application |
| § 2.31 - [Reserved] |
| § 2.32 - Requirements for a complete trademark or service mark application. |
| § 2.33 - Verified statement for a trademark or service mark. |
| § 2.34 - Bases for filing a trademark or service mark application. |
| § 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 - Requirements for a complete collective mark application. |
| § 2.45 - Requirements for a complete certification mark application; restriction on certification mark application. |
| § 2.46 - Principal Register. |
| § 2.47 - Supplemental Register. |
| § 2.48 - Office does not issue duplicate registrations. |
| Representation by Attorneys or Other Authorized Persons |
| § 2.11 - Requirement for representation. |
| § 2.17 - Recognition for representation. |
| § 2.18 - Correspondence, with whom held. |
| § 2.19 - Revocation or withdrawal of attorney. |
| §§ 2.12--2.16 - [Reserved] |
| Procedure in Inter Partes Proceedings |
| Procedure in Inter Partes Proceedings |
| § 2.117 - Suspension of proceedings. |
| Publication of Marks Registered Under 1905Act |
| 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. |