37 CFR Index
Rules of Practice in Trademark Cases

2 – Rules of Practice in Trademark Cases

Rules Applicable To Trademark Cases

2.1: Reserved

2.2: Definitions

2.6: Trademark fees

2.7: Fastener Recordal Fees

Representation By Attorneys Or Other Authorized Persons

2.11: Applicants may be represented by an attorney

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 TEAS Plus application

2.23: Requirements for a TEAS RF application

2.24: Designation and revocation of domestic representative by foreign applicant

2.25: Documents not returnable

2.26: Removed

2.27: Pending trademark application index; access to applications

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

2.41: 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

Specimens

2.56: Specimens

2.59: Filing substitute specimen(s)

Examination Of Application And Action By Applicants

2.61: Action by examiner

2.62: Procedure for filing 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 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 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

Interferences And Concurrent Use Proceedings

2.91: Declaration of interference

2.92: Preliminary to interference

2.93: Institution of interference

2.96: Issue; burden of proof

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

2.103: Added and 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

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 from action of trademark examining attorney

2.142: Time and manner of ex parte appeals

2.143: Added and 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

2.148: Director may suspend certain rules

Certificate

2.151: Certificate

2.153: Publication requirements

2.154: Publication in Official Gazette

2.155: Notice of publication

2.156: Not subject to opposition; subject to cancellation

2.158: REREGISTRATION OF MARKS REGISTERED UNDER PRIOR ACTS

2.158: Reregistration of marks registered under Acts of 1881, 1905, and 1920

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 continued use or excusable nonuse

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

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

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

2.181: 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

2.188: Reserved

2.189: Reserved

2.190: Addresses for trademark correspondence with the United States Patent and Trademark Office

2.191: Business to be transacted in writing

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: Receipt of trademark correspondence

2.196: Times for taking action: Expiration on Saturday, Sunday or Federal holiday

2.197: Certificate of mailing or transmission

2.198: Filing of correspondence by Priority Mail Express®

2.199: Reserved

2.200: Assignment records open to public inspection

2.201: Copies and certified copies

2.202: Reserved

2.203: Reserved

2.204: Reserved

2.205: Reserved

2.206: Trademark fees payable in advance

2.207: Methods of payment

2.208: Deposit accounts

2.209: Refunds