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INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - USA

Trademark Laws and Regulations

Regulations: Title 37, Chapter I, Part 2, Code of Federal Regulations


TITLE 37 – CODE OF FEDERAL REGULATIONS

PATENTS, TRADEMARKS, AND COPYRIGHTS

PART 2 - RULES OF PRACTICE IN TRADEMARK CASES

RULES APPLICABLE TO TRADEMARK CASES

 
2.1    Section of Part 1 applicable.
2.2   Definitions.
2.6   Trademark fees.

REPRESENTATION BY ATTORNEYS OR OTHER AUTHORIZED PERSONS
2.11    Applicants may be represented by an attorney.
2.12   [Reserved]
2.13   [Reserved]
2.14   [Reserved]
2.15   [Reserved]
2.16   [Reserved]
2.17   Recognition for representation.
2.18   Correspondence, with whom held.
2.19   Revocation of power of attorney or of other authorization to represent; withdrawal.

DECLARATIONS
2.20    Declarations in lieu of oaths.

APPLICATION FOR REGISTRATION
2.21    Requirements for receiving a filing date.
2.23   Serial number.
2.24   Designation of 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.

THE WRITTEN APPLICATION

2.31    Application must be in English.
2.32   Application to be signed and sworn to or include a declaration by applicant.
2.33   Requirements for written application.
2.35   Description of mark.
2.36   Identification of prior registrations.
2.37   Authorization for representation; U.S. representative.
2.38   Use by predecessor or by related companies.
2.39   Priority claim based on foreign application.
2.41   Proof of distinctiveness under 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.

DRAWING

2.51    Drawing required.
2.52   Requirements for drawings.
2.53   [Removed]

SPECIMENS

2.56    Specimens.
2.57   Facsimiles.
2.58   Specimens or facsimiles in the case of a service mark.
2.59   Filing substitute specimens.

EXAMINATION OF APPLICATION AND ACTION BY APPLICANTS

2.61    Action by examiner.
2.62   Period for response.
2.63   Re-examination.
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.

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 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   Application may include multiple goods or services comprised in single class or multiple classes.
2.87   Dividing an application.

POST NOTICE OF ALLOWANCE

2.88    Filing statement of use after notice of allowance.
2.89   Extensions of time for filing a statement of use.

INTERFERENCES AND CONCURRENT USE PROCEEDINGS

2.91    Declaration of interference.
2.92   Preliminary to interference.
2.93   Institution to interference.
2.94   [Reserved]
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.

OPPOSITION

2.101    Filing an opposition.
2.102   Extension of time for filing an opposition.
2.104   Contents of opposition.
2.105   Notification of opposition proceeding[s].
2.106   Answer.
2.107   Amendment of pleadings in an opposition proceeding.

CANCELLATION

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 notice.
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 inter partes cases.
2.124   Depositions upon written questions.
2.125   Filing and service of testimony.
2.126   [Reserved]
2.127   Motions.
2.128   Briefs at final hearing.
2.129   Oral argument; reconsideration.
2.130   New matter suggested by Examiner of Trademarks.
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 on termination of proceeding.

APPEALS

2.141    Ex parte appeals from the Examiner of Trademarks.
2.142   Time and manner of ex parte appeals.
2.144   Reconsideration of decision on ex parte appeal.
2.145   Appeal to court and civil action.

PETITIONS AND ACTION BY THE COMMISSIONER

2.146    Petition to the Commissioner.
2.147   [Reserved]
2.148   Commissioner may suspend certain rules.

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    Re-registration of marks registered under Acts of 1881, 1905, and 1920.

CANCELLATION FOR FAILURE TO FILE AFFIDAVIT OR DECLARATION DURING SIXTH YEAR

2.161    Cancellation for failure to file affidavit or declaration during sixth year.
2.162   Requirements for affidavit or declaration during sixth year.
2.163   Notice to registrant.
2.164   Acknowledgement of receipt of affidavit or declaration.
2.165   Reconsideration of affidavit or declaration.
2.166   Time of cancellation.

AFFIDAVIT OR DECLARATION

2.167    Affidavit or declaration under Section 15.
2.168   Combined with other affidavits or declarations.

CORRECTION, DISCLAIMER, SURRENDER, ETC.

2.171    New certificate on change of ownership.
2.172   Surrender for cancellation.
2.173   Amendment; disclaimer in part.
2.174   Correction of Office mistake.
2.175   Correction of mistake by registrant.
2.176   Consideration of above matters.

TERM AND RENEWAL

2.181    Term of original registrations and renewals.
2.182   Period within which application for renewal must be filed.
2.183   Requirements of application for renewal.
2.184   Refusal of renewal.
2.185   [Reserved]
2.186   [Reserved]
2.187   [Reserved]

AMENDMENT OF RULES

2.189    [Removed]
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