37 CFR Part 2
PART 2—RULES OF PRACTICE IN TRADEMARK CASES
- PART 2—RULES OF PRACTICE IN TRADEMARK CASES
- Chapter I—United States Patent and Trademark Office, Department of Commerce › Subchapter A—General
- § 2.1 [Reserved]
- § 2.2 Definitions.
- § 2.6 Trademark fees.
- § 2.7 Fastener recordal fees.
- Representation by Attorneys or Other Authorized Persons
- § 2.11 Requirement for representation.
- §§ 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 Requirements for a base 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.
- § 2.27 Pending trademark application index; access to 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.
- 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 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.
- 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 Multiple-class applications.
- § 2.87 Dividing an application.
- Post Notice of Allowance
- § 2.88 Statement of use after notice of allowance.
- § 2.89 Extensions of time for filing a statement of use.
- 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.
- § 2.94 Action after expungement or reexamination.
- §§ 2.95-2.98 [Reserved]
- Concurrent use proceedings
- § 2.99 Application to register as concurrent user.
- 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.
- Cancellation Proceedings Before the Trademark Trial and Appeal Board
- § 2.111 Filing petition for cancellation.
- § 2.112 Contents of petition for cancellation.
- § 2.113 Notification 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.
- § 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.
- 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.
- 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 Letters of protest against pending applications.
- 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 use in commerce or excusable nonuse; requirement for the submission of additional information, exhibits, affidavits or declarations, and specimens; and fee for deletions of goods, services, and/or classes from a 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.
- 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.
- Court Orders under Section 37
- § 2.177 Action on court order under section 37.
- 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 [Reserved]
- § 2.189 Requirement to provide domicile address.
- § 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®.
- 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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