37 CFR Part 2 - PART 2—RULES OF PRACTICE IN TRADEMARK CASES
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- § 2.1 [Reserved]
- § 2.2 Definitions.
- § 2.6 Trademark fees.
- § 2.7 Fastener recordal fees.
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Representation by Attorneys or Other Authorized Persons (§§ 2.11 - 2.19)
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Declarations (§ 2.20)
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Application for Registration (§§ 2.21 - 2.27)
- § 2.21 Requirements for receiving a filing date.
- § 2.22 Requirements for a TEAS Plus 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.
Authority: Secs. 2.21 to 2.47 also issued under sec. 1, 60 Stat. 427; 15 U.S.C. 1051. -
The Written Application (§§ 2.31 - 2.48)
- § 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.
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Drawing (§§ 2.51 - 2.59)
- § 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).
Authority: Secs. 2.51 to 2.55 also issued under sec. 1, 60 Stat. 427; 15 U.S.C. 1051. -
Examination of Application and Action by Applicants (§§ 2.61 - 2.69)
- § 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.
Authority: Secs. 2.61 to 2.69 also issued under sec. 12, 60 Stat. 432; 15 U.S.C. 1062. -
Amendment of Application (§§ 2.71 - 2.77)
- § 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.
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Publication and Post Publication (§§ 2.80 - 2.84)
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Classification (§§ 2.85 - 2.87)
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Post Notice of Allowance (§§ 2.88 - 2.89)
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Ex parte expungement and reexamination (§§ 2.91 - 2.95-2.98)
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Concurrent use proceedings (§ 2.99)
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Opposition (§§ 2.101 - 2.107)
- § 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.
Authority: Secs. 2.101 to 2.106 also issued under secs. 13, 17, 60 Stat. 433, 434; 15 U.S.C. 1063, 1067. -
Cancellation Proceedings Before the Trademark Trial and Appeal Board (§§ 2.111 - 2.115)
- § 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.
Authority: Secs. 2.111 to 2.114 also issued under secs. 14, 17, 24, 60 Stat. 433, 434, 436; 15 U.S.C. 1064, 1067, 1092. -
Procedure in Inter Partes Proceedings (§§ 2.116 - 2.136)
- § 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.
Authority: Secs. 2.116 to 2.136 also issued under sec. 17, 60 Stat. 434; 15 U.S.C. 1067. -
Appeals (§§ 2.141 - 2.145)
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Petitions and Action by the Director (§§ 2.146 - 2.149)
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Certificate (§ 2.151)
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Publication of Marks Registered Under 1905 Act (§§ 2.153 - 2.156)
- § 2.153 Publication requirements.
- § 2.154 Publication in Official Gazette.
- § 2.155 Notice of publication.
- § 2.156 Not subject to opposition; subject to cancellation.
Authority: Secs. 2.153 to 2.156 also issued under sec. 12, 60 Stat. 432; 15 U.S.C. 1062. -
Reregistration of Marks Registered Under Prior Acts (§ 2.158)
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Cancellation for Failure To File Affidavit or Declaration (§§ 2.160 - 2.166)
- § 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.
Authority: Secs. 2.161 to 2.165 also issued under sec. 8, 60 Stat. 431; 15 U.S.C. 1058. -
Affidavit or Declaration Under Section 15 (§§ 2.167 - 2.168)
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Correction, Disclaimer, Surrender, Etc. (§§ 2.171 - 2.176)
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Court Orders under Section 37 (§ 2.177)
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Term and Renewal (§§ 2.181 - 2.186)
- § 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.
Authority: Secs. 2.181 to 2.184 also issued under sec. 9, 60 Stat. 431; 15 U.S.C. 1059. -
General Information and Correspondence in Trademark Cases (§§ 2.188 - 2.198)
- §§ 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®.
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Trademark Records and Files of the Patent and Trademark Office (§§ 2.200 - 2.201)
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Fees and Payment of Money in Trademark Cases (§§ 2.206 - 2.209)
Authority:
15 U.S.C. 1113, 1123; 35 U.S.C. 2; sec. 10, Pub. L. 112-29, 125 Stat. 284; Pub. L. 116-260, 134 Stat. 1182, unless otherwise noted. Sec. 2.99 also issued under secs. 16, 17, 60 Stat. 434; 15 U.S.C. 1066, 1067.
Source:
30 FR 13193, Oct. 16, 1965, unless otherwise noted.
Editorial Note:
Nomenclature changes to part 2 appear at 68 FR 14337, Mar. 25, 2003.