96-17746. Elimination of Requirement for Proof of Service in Consented Requests for Extensions of Time To File a Notice of Opposition

[Federal Register Volume 61, Number 136 (Monday, July 15, 1996)]
[Rules and Regulations]
[Page 36825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17746]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 2

[Docket No. 960621181-6181-01]
RIN 0651-AA89


Elimination of Requirement for Proof of Service in Consented 
Requests for Extensions of Time To File a Notice of Opposition

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Final rule.

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SUMMARY: This rule deletes the requirement for proof of service when a 
request for an extension of time to oppose registration of a trademark 
is based upon a statement that applicant has consented to the request. 
This rule will simplify opposition proceedings by eliminating an 
unnecessary requirement.

EFFECTIVE DATE: July 15, 1996. This rule will be applicable to all 
relevant correspondence filed with the Office on or after the effective 
date.

FOR FURTHER INFORMATION CONTACT: David Sams by telephone at (703) 308-
9330, by facsimile transmission at [phone], or by mail marked to 
his attention and addressed to the Assistant Commissioner for 
Trademarks, Box TTAB, 2900 Crystal Drive, Arlington, Virginia 22202-
3513.

SUPPLEMENTARY INFORMATION: Section 2.102(c)(2), which provides for an 
extension of time for filing an opposition under 37 CFR Part 2, is 
revised to delete the requirement that proof of service be included in 
consented extension requests. This change permits potential opposers to 
request an extension of time to oppose aggregating more than 120 days 
from the date of publication based on a written statement that the 
applicant or its authorized representative has consented to the 
request. The Office believes that the requirement for proof of service 
is unnecessary when the applicant has assertedly consented to the 
filing of the extension request. The Trademark Trial and Appeal Board 
sends a copy of the request together with the Board's action thereon to 
the applicant, which may file a request for reconsideration of the 
Board's action if necessary.
    The Patent and Trademark Office has determined that this revision 
is procedural and remedial in nature, and this revision is therefore 
being published as a final rule. 5 U.S.C. 553(b)(3) (A) and (B). This 
rule is not a significant rule for the purposes of Executive Order 
12866. No notice of proposed rulemaking is required for this rule under 
5 U.S.C. 553 or any other law, so a regulatory flexibility analysis is 
not required and has not been prepared. 5 U.S.C. 603(a).

List of Subjects in 37 CFR Part 2

    Administrative practice and procedure, Conflicts of interest, 
Courts, Inventions and patents, Lawyers.

    For the reasons set forth in the preamble, and pursuant to the 
authority contained in 15 U.S.C. 1123 and 35 U.S.C. 6, part 2 of title 
37 of the Code of Federal Regulations is amended as set forth below:

PART 2--RULES OF PRACTICE IN TRADEMARK CASES

    1. The authority citation for 37 CFR Part 2 continues to read as 
follows:

    Authority: 15 U.S.C. 1123; 35 U.S.C. 6, unless otherwise noted.

    2. Section 2.102(c)(2) is revised to read as follows:


Sec. 2.102  Extension of time for filing an opposition.

* * * * *
    (c) * * * (2) a written request by the potential opposer or its 
authorized representative stating that the applicant or its authorized 
representative has consented to the request, or * * *

    Dated: July 2, 1996.
Bruce A. Lehman,
Assistant Secretary of Commerce and Commissioner of Patents and 
Trademarks.
[FR Doc. 96-17746 Filed 7-12-96; 8:45 am]
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