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
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
|