justicedao/patent-legal-corpus huggingface dataset:
37 CFR 2.67 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Suspension of action by the Patent and Trademark Office.

§ 2.67 Suspension of action by the Patent and Trademark Office. Action by the Office may be suspended for a reasonable time for good and sufficient cause. The fact that a proceeding is pending before the Office or a court that is relevant to the issue of initial or continued registrability of a mark and that proceeding has not been finally determined, or the fact that the basis for registration is, under the provisions of section 44(e) of the Act, registration of the mark in a foreign country and the foreign application is still pending, will be considered prima facie good and sufficient cause. An Office or court proceeding is not considered finally determined until an order or ruling that ends the proceeding or litigation has been rendered and noticed, and the time for any appeal or other further review has expired with no further review sought. An applicant's request for a suspension of action under this section, filed within the response period set forth in § 2.62(a), may be considered responsive to the previous Office action. The Office may require the applicant, registrant, or party to a proceeding to provide status updates and information relevant to the ground(s) for suspension, upon request. [86 FR 64327, Nov. 17, 2021]
37 CFR 2.68 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Express abandonment (withdrawal) of application.

§ 2.68 Express abandonment (withdrawal) of application. (a) Written document required. An applicant may expressly abandon an application by filing a written request for abandonment or withdrawal of the application, signed by the applicant, someone with legal authority to bind the applicant ( e.g., a corporate officer or general partner of a partnership), or a practitioner qualified to practice under § 11.14 of this chapter, in accordance with the requirements of § 2.193(e)(2). A request for abandonment or withdrawal may not subsequently be withdrawn. (b) Rights in the mark not affected. Except as provided in § 2.135, the fact that an application has been expressly abandoned shall not affect any rights that the applicant may have in the mark set forth in the abandoned application in any proceeding before the Office. [80 FR 2311, Jan. 16, 2015]
37 CFR 2.69 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Compliance with other laws.

§ 2.69 Compliance with other laws. When the sale or transportation of any product for which registration of a trademark is sought is regulated under an Act of Congress, the Patent and Trademark Office may make appropriate inquiry as to compliance with such Act for the sole purpose of determining lawfulness of the commerce recited in the application. [54 FR 37592, Sept. 11, 1989]
37 CFR 2.71 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Amendments to correct informalities.

§ 2.71 Amendments to correct informalities. The applicant may amend the application during the course of examination, when required by the Office or for other reasons. (a) The applicant may amend the application to clarify or limit, but not to broaden, the identification of goods and/or services or the description of the nature of the collective membership organization. (b)(1) If the verified statement in an application under § 2.33 is unsigned or signed by the wrong party, the applicant may submit a substitute verification. (2) If the verified statement in a statement of use under § 2.88, or a request for extension of time to file a statement of use under § 2.89, is unsigned or signed by the wrong party, the applicant must submit a substitute verification before the expiration of the statutory deadline for filing the statement of use. (c) The applicant may amend the dates of use, provided that the amendment is verified, except that the following amendments are not permitted: (1) In an application under section 1(a) of the Act, the applicant may not amend the application to specify a date of use that is subsequent to the filing date of the application; (2) In an application under section 1(b) of the Act, after filing a statement of use under § 2.88, the applicant may not amend the statement of use to specify a date of use that is subsequent to the expiration of the deadline for filing the statement of use. (d) The applicant may amend the application to correct the name of the applicant, if there is a mistake in the manner in which the name of the applicant is set out in the application. The amendment must be verified. However, the application cannot be amended to set forth a different entity as the applicant. An application filed in the name of an entity that did not own the mark as of the filing date of the application is void. (e) An amendment that would materially alter the certification statement specified in § 2.45(a)(4)(i)(A) or (a)(4)(ii)(A) will not be permitted. [64 FR 48922, Sept. 8, 1999, as amended at 80 FR 33184, June 11, 2015]
37 CFR 2.72 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Amendments to description or drawing of the mark.

§ 2.72 Amendments to description or drawing of the mark. (a) In an application based on use in commerce under section 1(a) of the Act, the applicant may amend the description or drawing of the mark only if: (1) The specimens originally filed, or substitute specimens filed under § 2.59(a), support the proposed amendment; and (2) The proposed amendment does not materially alter the mark. The Office will determine whether a proposed amendment materially alters a mark by comparing the proposed amendment with the description or drawing of the mark filed with the original application. (b) In an application based on a bona fide intention to use a mark in commerce under section 1(b) of the Act, the applicant may amend the description or drawing of the mark only if: (1) The specimens filed with an amendment to allege use or statement of use, or substitute specimens filed under § 2.59(b), support the proposed amendment; and (2) The proposed amendment does not materially alter the mark. The Office will determine whether a proposed amendment materially alters a mark by comparing the proposed amendment with the description or drawing of the mark filed with the original application. (c) In an application based on a claim of priority under section 44(d) of the Act, or on a mark duly registered in the country of origin of the foreign applicant under section 44(e) of the Act, the applicant may amend the description or drawing of the mark only if: (1) The description or drawing of the mark in the foreign registration certificate supports the amendment; and (2) The proposed amendment does not materially alter the mark. The Office will determine whether a proposed amendment materially alters a mark by comparing the proposed amendment with the description or drawing of the mark filed with the original application. [64 FR 48922, Sept. 8, 1999]
37 CFR 2.73 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Amendment to recite concurrent use.

§ 2.73 Amendment to recite concurrent use. An application that includes section 1(a) of the Trademark Act as a filing basis, or for which an acceptable allegation of use under § 2.76 or § 2.88 has been filed, may be amended to an application for concurrent use registration, provided that the application as amended meets the requirements of § 2.42. The trademark examining attorney will determine whether the application, as amended, is acceptable. [73 FR 67770, Nov. 17, 2008]
37 CFR 2.74 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Form and signature of amendment.

§ 2.74 Form and signature of amendment. (a) Form of Amendment. Amendments should be set forth clearly and completely. Applicant should either set forth the entire wording, including the proposed changes, or, if it would be more efficient, indicate which words should be added and which words should be deleted. The examining attorney may require the applicant to rewrite the entire amendment, if necessary for clarification of the record. (b) Signature. A request for amendment of an application must be signed by the applicant, someone with legal authority to bind the applicant ( e.g., a corporate officer or general partner of a partnership), or a practitioner qualified to practice under § 11.14 of this chapter, in accordance with the requirements of § 2.193(e)(2). If the amendment requires verification, see § 2.2(n). [73 FR 67770, Nov. 17, 2008, as amended at 74 FR 54908, Oct. 26, 2009; 80 FR 33184, June 11, 2015]
37 CFR 2.75 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Amendment to change application to different register.

§ 2.75 Amendment to change application to different register. (a) An application for registration on the Principal Register under section 1(a) or 44 of the Act may be changed to an application for registration on the Supplemental Register and vice versa by amending the application to comply with the rules relating to the appropriate register, as the case may be. (b) An application under section 1(b) of the Act may be amended to change the application to a different register only after submission of an acceptable amendment to allege use under § 2.76 or statement of use under § 2.88. When such an application is changed from the Principal Register to the Supplemental Register, the effective filing date of the application is the date of the filing of the allegation of use under section 1(c) or 1(d) of the Act. (c) In an application under section 66(a) of the Act, the applicant may not amend the application to the Supplemental Register. [54 FR 37593, Sept. 11, 1989, as amended at 68 FR 55765, Sept. 26, 2003]
37 CFR 2.77 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Amendments between notice of allowance and statement of use.

§ 2.77 Amendments between notice of allowance and statement of use. (a) The only amendments that may be entered in an application between the issuance of the notice of allowance and the submission of a statement of use are: (1) The deletion of specified goods or services, or the entire description of the nature of the collective membership organization, from the identification; (2) The deletion of a basis in a multiple-basis application; and (3) A change of attorney or change of address. (b) Other amendments may be entered during this period only with the express permission of the Director, after consideration on petition under § 2.146. If the Director determines that the amendment requires review by the examining attorney, the petition will be denied and the amendment may be resubmitted with the statement of use in order for the applicant to preserve its right to review. [73 FR 67770, Nov. 17, 2008, as amended at 80 FR 2311, Jan. 16, 2015; 80 FR 33185, June 11, 2015]
37 CFR 2.7 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Fastener recordal fees.

§ 2.7 Fastener recordal fees. (a) Application fee for recordal of insignia $20.00 (b) Renewal of insignia recordal $20.00 (c) Surcharge for late renewal of insignia recordal $20.00 [61 FR 55223, Oct. 25, 1996]
37 CFR 2.80 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Publication for opposition.

§ 2.80 Publication for opposition. If, on examination or reexamination of an application for registration on the Principal Register, it appears that the applicant is entitled to have his mark registered, the mark will be published in the Official Gazette for opposition. The mark will also be published in the case of an application to be placed in interference or concurrent use proceedings, if otherwise registrable. [41 FR 758, Jan. 5, 1976]
37 CFR 2.81 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Post publication.

§ 2.81 Post publication. (a) Except in an application under section 1(b) of the Act for which no amendment to allege use under § 2.76 has been submitted and accepted, if no opposition is filed within the time permitted or all oppositions filed are dismissed, and if no interference is declared and no concurrent use proceeding is instituted, the application will be prepared for issuance of the certificate of registration as provided in § 2.151. (b) In an application under section 1(b) of the Act for which no amendment to allege use under § 2.76 has been submitted and accepted, if no opposition is filed within the time permitted or all oppositions filed are dismissed, and if no interference is declared, a notice of allowance will issue. Thereafter, the applicant must submit a statement of use as provided in § 2.88. [54 FR 37594, Sept. 11, 1989, as amended at 73 FR 67770, Nov. 17, 2008; 80 FR 2311, Jan. 16, 2015]
37 CFR 2.82 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Marks on Supplemental Register published only upon registration.

§ 2.82 Marks on Supplemental Register published only upon registration. In the case of an application for registration on the Supplemental Register the mark will not be published for opposition but if it appears, after examination or reexamination, that the applicant is entitled to have the mark registered, a certificate of registration will issue as provided in § 2.151. The mark will be published in the Official Gazette when registered. [54 FR 37594, Sept. 11, 1989]
37 CFR 2.83 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Conflicting marks.

§ 2.83 Conflicting marks. (a) Whenever an application is made for registration of a mark which so resembles another mark or marks pending registration as to be likely to cause confusion or mistake or to deceive, the mark with the earliest effective filing date will be published in the Official Gazette for opposition if eligible for the Principal Register, or issued a certificate of registration if eligible for the Supplemental Register. (b) In situations in which conflicting applications have the same effective filing date, the application with the earliest date of execution will be published in the Official Gazette for opposition or issued on the Supplemental Register. (c) Action on the conflicting application which is not published in the Official Gazette for opposition or not issued on the Supplemental Register will be suspended by the Examiner of Trademarks until the published or issued application is registered or abandoned. [37 FR 2880, Feb. 9, 1972, as amended at 54 FR 37594, Sept. 11, 1989]
37 CFR 2.84 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Jurisdiction over published applications.

§ 2.84 Jurisdiction over published applications. (a) The trademark examining attorney may exercise jurisdiction over an application up to the date the mark is published in the Official Gazette. After publication of an application under section 1(a), 44 or 66(a) of the Act, the trademark examining attorney may, with the permission of the Director, exercise jurisdiction over the application. After publication of an application under section 1(b) of the Act, the trademark examining attorney may exercise jurisdiction over the application after the issuance of the notice of allowance under section 13(b)(2) of the Act. After publication, and prior to issuance of a notice of allowance in an application under section 1(b), the trademark examining attorney may, with the permission of the Director, exercise jurisdiction over the application. (b) After publication, but before the certificate of registration is issued in an application under section 1(a), 44, or 66(a) of the Act, or before the notice of allowance is issued in an application under section 1(b) of the Act, an application that is not the subject of an inter partes proceeding before the Trademark Trial and Appeal Board may be amended if the amendment meets the requirements of §§ 2.71, 2.72, and 2.74. Otherwise, an amendment to such an application may be submitted only upon petition to the Director to restore jurisdiction over the application to the examining attorney for consideration of the amendment and further examination. The amendment of an application that is the subject of an inter partes proceeding before the Trademark Trial and Appeal Board is governed by § 2.133. [68 FR 55765, Sept. 26, 2003, as amended at 73 FR 67770, Nov. 17, 2008; 80 FR 2311, Jan. 16, 2015]
37 CFR 2.94 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Action after expungement or reexamination.

§ 2.94 Action after expungement or reexamination. Upon termination of an expungement or reexamination proceeding, the Office shall issue a notice of termination that memorializes the final disposition of the proceeding as to each of the goods and/or services at issue in the proceeding. Where appropriate, the registration will be cancelled, in whole or in part. [86 FR 64330, Nov. 17, 2021]
37 CFR 201.12 — General Provisions
Current through: 2024-07-01

Recordation of certain contracts by cable systems located outside of the forty-eight contiguous States.

§ 201.12 Recordation of certain contracts by cable systems located outside of the forty-eight contiguous States. (a) Written, nonprofit contracts providing for the equitable sharing of costs of videotapes and their transfer, as identified in 17 U.S.C. 111(e)(2), will be filed in the Copyright Office Licensing Section by recordation upon payment of the prescribed fee. The document submitted for recordation shall meet the following requirements: (1) It shall be an original instrument of contract; or it shall be a copy of an original, accompanied by a certification that shall include a legally binding signature, including an electronic signature as defined in 15 U.S.C. 7006, of at least one of the parties to the contract, or an authorized representative of that party, that the reproduction is a true copy; (2) It shall bear the signatures of all persons identified as parties to the contract, or of their authorized agents or representatives; (3) It shall be complete on its face, and shall include any schedules, appendixes, or other attachments referred to in the instrument as being part of it; and (4) It shall be clearly identified, in its body or a covering transmittal letter, as being submitted for recordation under 17 U.S.C. 111(e). (b) The fee for recordation of a document is prescribed in § 201.3(e). (c) The date of recordation is the date when all of the elements required for recordation, including the prescribed fee, have been received in the Copyright Office. A document is filed in the Copyright Office and a filing in the Copyright Office takes place on the date of recordation. After recordation the document is returned to the sender with a certificate of recordation. (Pub. L. 94-553; 17 U.S.C. 111, 702, 708(11)) [42 FR 53961, Oct. 4, 1977, as amended at 56 FR 59885, Nov. 26, 1991; 64 FR 29521, June 1, 1999; 82 FR 9357, Feb. 6, 2017; 85 FR 19667, Apr. 8, 2020; 86 FR 32642, June 22, 2021]
37 CFR 201.14 — General Provisions
Current through: 2024-07-01

Warnings of copyright for use by certain libraries and archives.

§ 201.14 Warnings of copyright for use by certain libraries and archives. (a) Definitions. (1) A Display Warning of Copyright is a notice under paragraphs (d)(2) and (e)(2) of section 108 of title 17 of the United States Code. As required by those sections the “Display Warning of Copyright” is to be displayed at the place where orders for copies or phonorecords are accepted by certain libraries and archives. (2) An Order Warning of Copyright is a notice under paragraphs (d)(2) and (e)(2) of section 108 of title 17 of the United States Code. As required by those sections the “Order Warning of Copyright” is to be included on printed forms supplied by certain libraries and archives and used by their patrons for ordering copies or phonorecords. (b) Contents. A Display Warning of Copyright and an Order Warning of Copyright shall consist of a verbatim reproduction of the following notice, printed in such size and form and displayed in such manner as to comply with paragraph (c) of this section: notice warning concerning copyright restrictions The copyright law of the United States (title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specific conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “fair use,” that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law. (c) Form and manner of use. (1) A Display Warning of Copyright shall be printed on heavy paper or other durable material in type at least 18 points in size, and shall be displayed prominently, in such manner and location as to be clearly visible, legible, and comprehensible to a casual observer within the immediate vicinity of the place where orders are accepted. (2) An Order Warning of Copyright shall be printed within a box located prominently on the order form itself, either on the front side of the form or immediately adjacent to the space calling for the name or signature of the person using the form. The notice shall be printed in type size no smaller than that used predominantly throughout the form, and in no case shall the type size be smaller than eight points. The notice shall be printed in such manner as to be clearly legible, comprehensible, and readily apparent to a casual reader of the form. (Pub. L. 94-553; 17 U.S.C. 108, 702) [42 FR 59265, Nov. 16, 1977, as amended at 82 FR 9357, Feb. 6, 2017]
37 CFR 201.23 — General Provisions
Current through: 2024-07-01

Transfer of unpublished copyright deposits to the Library of Congress.

§ 201.23 Transfer of unpublished copyright deposits to the Library of Congress. (a) General. This section prescribes rules governing the transfer of unpublished copyright deposits in the custody of the Copyright Office to the Library of Congress. The copyright deposits may consist of copies, phonorecords, or identifying material deposited in connection with registration of claims to copyright under section 408 of title 17 of the United States Code. These rules establish the conditions under which the Library of Congress is entitled to select deposits of unpublished works for its collections or for permanent transfer to the National Archives of the United States or to a Federal records center in accordance with section 704(b) of title 17 of the United States Code. (b) Selection by the Library of Congress. The Library of Congress may select any deposits of unpublished works for the purposes stated in paragraph (a) of this section at the time of registration or at any time thereafter; provided that: (1) A facsimile reproduction of the entire copyrightable content of the deposit shall be made a part of the Copyright Office records before transfer to the Library of Congress as provided by section 704(c) of title 17 of the United States Code, unless, within the discretion of the Register of Copyrights, it is considered impractical or too expensive to make the reproduction; (2) All unpublished copyright deposits retained by the Library of Congress in its collections shall be maintained under the control of the Library of Congress with appropriate safeguards against unauthorized copying or other unauthorized use of the deposits which would be contrary to the rights of the copyright owner in the work under title 17 of the United States Code; and (3) At the time selection is made a request for full term retention of the deposit under the control of the Copyright Office has not been granted by the Register of Copyrights, in accordance with section 704(e) of title 17 of the United States Code. (17 U.S.C. 702, 704) [45 FR 41414, June 19, 1980, as amended at 82 FR 9358, Feb. 6, 2017]