justicedao/patent-legal-corpus huggingface dataset:
37 CFR 2.195 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Filing date of trademark correspondence.

§ 2.195 Filing date of trademark correspondence. The filing date of trademark correspondence is determined as follows: (a) Electronic submissions. The filing date of an electronic submission is the date the Office receives the submission, based on Eastern Time, regardless of whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia. (b) Paper correspondence. The filing date of a submission submitted on paper is the date the Office receives the submission, except as follows: (1) Priority Mail Express ®. The filing date of the submission is the date of deposit with the USPS, if filed pursuant to the requirements of § 2.198. (2) Certificate of mailing. The filing date of the submission is the date of deposit with the USPS, if filed pursuant to the requirements of § 2.197. (3) Office closed. The Office is not open to receive paper correspondence on any day that is a Saturday, Sunday, or Federal holiday within the District of Columbia. (c) Email and facsimile submissions. Email and facsimile submissions are not permitted and, if submitted, will not be accorded a date of receipt. (d) Interruptions in USPS. If the Director designates a postal service interruption or emergency within the meaning of 35 U.S.C. 21(a), any person attempting to file correspondence by Priority Mail Express® Post Office to Addressee service who was unable to deposit the correspondence with the USPS due to the interruption or emergency may petition the Director to consider such correspondence as filed on a particular date in the Office. The petition must: (1) Be filed promptly after the ending of the designated interruption or emergency; (2) Include the original correspondence or a copy of the original correspondence; and (3) Include a statement that the correspondence would have been deposited with the USPS on the requested filing date but for the designated interruption or emergency in Priority Mail Express® service; and that the correspondence attached to the petition is the original correspondence or a true copy of the correspondence originally attempted to be deposited as Priority Mail Express® on the requested filing date. [84 FR 37097, July 31, 2019]
37 CFR 2.196 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

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

§ 2.196 Times for taking action: Expiration on Saturday, Sunday or Federal holiday. Whenever periods of time are specified in this part in days, calendar days are intended. When the day, or the last day fixed by statute or by regulation under this part for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or Federal holiday within the District of Columbia, the action may be taken, or the fee paid, on the next succeeding day that is not a Saturday, Sunday, or a Federal holiday.
37 CFR 2.197 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Certificate of mailing.

§ 2.197 Certificate of mailing. (a) The filing date of correspondence submitted under this section is the date of deposit with the USPS if the correspondence: (1) Is addressed as set out in § 2.190 and deposited with the USPS with sufficient postage as first-class mail; and (2) Includes a certificate of mailing for each piece of correspondence that: (i) Attests to the mailing and the address used; (ii) Includes the name of the document and the application serial number or USPTO reference number, if assigned, or registration number to which the document pertains; (iii) Is signed separately from any signature for the correspondence by a person who has a reasonable basis to expect that the correspondence would be mailed on the date indicated; and (iv) Sets forth the date of deposit with the USPS. (b) If correspondence is mailed in accordance with paragraph (a) of this section, but not received by the Office, the party who mailed such correspondence may file a petition to the Director under § 2.146(a)(2) to consider such correspondence filed in the Office on the date of deposit with the USPS. The petition must: (1) Be filed within two months after the date of mailing; (2) Include a copy of the previously mailed correspondence and certificate; and (3) Include a verified statement attesting to the facts of the original mailing. (c) If the certificate of mailing does not meet the requirements of paragraph (a)(2) of this section, the filing date is the date the Office receives the submission. [84 FR 37097, July 31, 2019]
37 CFR 2.198 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Filing of correspondence by Priority Mail Express®.

§ 2.198 Filing of correspondence by Priority Mail Express®. (a) The filing date of correspondence submitted under this section is the date of deposit with the USPS, as shown by the “date accepted” on the Priority Mail Express® label or other official USPS notation. (b) If the USPS deposit date cannot be determined, the filing date is the date the Office receives the submission. (c) If there is a discrepancy between the filing date accorded by the Office to the correspondence and the “date accepted,” the party who submitted the correspondence may file a petition to the Director under § 2.146(a)(2) to accord the correspondence a filing date as of the “date accepted.” The petition must: (1) Be filed within two months after the date of deposit; (2) Include a true copy of the Priority Mail Express® mailing label showing the “date accepted,” and any other official notation by the USPS relied upon to show the date of deposit; and (3) Include a verified statement attesting to the facts of the original mailing. (d) If the party who submitted the correspondence can show that the “date accepted” was incorrectly entered or omitted by the USPS, the party may file a petition to the Director under § 2.146(a)(2) to accord the correspondence a filing date as of the date the correspondence is shown to have been deposited with the USPS. The petition must: (1) Be filed within two months after the date of deposit; (2) Include proof that the correspondence was deposited in the Priority Mail Express® Post Office to Addressee service prior to the last scheduled pickup on the requested filing date. Such proof must be corroborated by evidence from the USPS or evidence that came into being within one business day after the date of deposit; and (3) Include a verified statement attesting to the facts of the original mailing. (e) If correspondence is properly addressed to the Office pursuant to § 2.190 and deposited with sufficient postage in the Priority Mail Express® Post Office to Addressee service of the USPS, but not received by the Office, the party who submitted the correspondence may file a petition to the Director under § 2.146(a)(2) to consider such correspondence filed in the Office on the USPS deposit date. The petition must: (1) Be filed within two months after the date of deposit; (2) Include a copy of the previously mailed correspondence showing the number of the Priority Mail Express® mailing label thereon; and (3) Include a verified statement attesting to the facts of the original mailing. [84 FR 37097, July 31, 2019]
37 CFR 2.19 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Revocation or withdrawal of attorney.

§ 2.19 Revocation or withdrawal of attorney. (a) Revocation. (1) Authority to represent an applicant, registrant or party to a proceeding before the Office may be revoked at any stage in the proceedings of a trademark case, upon written notification signed by the applicant, registrant, or party to the proceeding, or by someone with legal authority to bind the applicant, registrant, or party (e.g., a corporate officer or general partner of a partnership). In the case of joint applicants or joint registrants, all must sign. (2) When a power of attorney is revoked, the Office will communicate directly with the applicant, registrant, or party to the proceeding, or with the new attorney or domestic representative if appropriate. (3) A request to change the correspondence address does not revoke a power of attorney. (4) A new power of attorney that meets the requirements of § 2.17(c) will be treated as a revocation of the previous power. (b) Withdrawal of attorney. If the requirements of § 11.116 of this chapter are met, a practitioner authorized to represent an applicant, registrant, or party to a proceeding in a trademark case may withdraw upon application to and approval by the Director or, when applicable, upon motion granted by the Trademark Trial and Appeal Board. The practitioner should file the request to withdraw soon after the practitioner notifies the client of his/her intent to withdraw. The request must include the following: (1) The application serial number, registration number, or proceeding number; (2) A statement of the reason(s) for the request to withdraw; and (3) Either (i) A statement that the practitioner has given notice to the client that the practitioner is withdrawing from employment and will be filing the necessary documents with the Office; that the client was given notice of the withdrawal at least two months before the expiration of the response period, if applicable; that the practitioner has delivered to the client all documents and property in the practitioner's file concerning the application, registration or proceeding to which the client is entitled; and that the practitioner has notified the client of any responses that may be due, and of the deadline for response; or (ii) If more than one qualified practitioner is of record, a statement that representation by co-counsel is ongoing. (c) Recognition ineffective. If recognition is not effective under § 2.17(b)(4), then revocation under paragraph (a) of this section or withdrawal under paragraph (b) of this section is not required. [74 FR 54907, Oct. 26, 2009, as amended at 80 FR 2310, Jan. 16, 2015; 86 FR 64325, Nov. 17, 2021]
37 CFR 2.200 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Assignment records open to public inspection.

§ 2.200 Assignment records open to public inspection. (a)(1) Separate assignment records are maintained in the Office for patents and trademarks. The assignment records relating to trademark applications and registrations (for assignments recorded on or after January 1, 1955) are open to public inspection at the Office, and copies of those assignment records may be obtained upon request and payment of the fee set forth in § 2.6 of this chapter. (2) All records of trademark assignments recorded before January 1, 1955, are maintained by the National Archives and Records Administration (NARA). The records are open to public inspection. Certified and uncertified copies of those assignment records are provided by NARA upon request and payment of the fees required by NARA. (b) An order for a copy of an assignment or other document should identify the reel and frame number where the assignment or document is recorded. [68 FR 48292, Aug. 13, 2003, as amended at 81 FR 72707, Oct. 21, 2016]
37 CFR 2.201 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Copies and certified copies.

§ 2.201 Copies and certified copies. (a) Non-certified copies of trademark registrations and of any trademark records or trademark documents within the jurisdiction of the Office and open to the public, will be furnished by the Office to any person entitled thereto, upon payment of the appropriate fee required by § 2.6. (b) Certified copies of trademark registrations and of any trademark records or trademark documents within the jurisdiction of the Office and open to the public will be authenticated by the seal of the Office and certified by the Director, or in his or her name attested by an officer of the Office authorized by the Director, upon payment of the fee required by § 2.6.
37 CFR 2.206 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Trademark fees payable in advance.

§ 2.206 Trademark fees payable in advance. (a) Trademark fees and charges payable to the Office are required to be paid in advance; that is, at the time of requesting any action by the Office for which a fee or charge is payable. (b) All fees paid to the Office must be itemized in each individual trademark application or registration file, or trademark proceeding, so that the purpose for which the fees are paid is clear. The Office may return fees that are not itemized as required by this paragraph.
37 CFR 2.207 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Methods of payment.

§ 2.207 Methods of payment. (a) All payments of money required in trademark cases, including fees for the processing of international trademark applications and registrations that are paid through the Office, shall be made in U.S. dollars and in the form of a cashier's or certified check, Treasury note, national bank note, or United States Postal Service money order. If sent in any other form, the Office may delay or cancel the credit until collection is made. Checks and money orders must be made payable to the Director of the United States Patent and Trademark Office. (Checks made payable to the Commissioner of Patents and Trademarks will continue to be accepted.) Payments from foreign countries must be payable and immediately negotiable in the United States for the full amount of the fee required. Money sent to the Office by mail will be at the risk of the sender, and letters containing money should be registered with the United States Postal Service. (b) Payments of money required for trademark fees may also be made by credit card, except for replenishing a deposit account. Payment of a fee by credit card must specify the amount to be charged to the credit card and such other information as is necessary to process the charge, and is subject to collection of the fee. The Office will not accept a general authorization to charge fees to a credit card. If credit card information is provided on a form or document other than a form provided by the Office for the payment of fees by credit card, the Office will not be liable if the credit card number becomes public knowledge. [68 FR 48292, Aug. 13, 2003, as amended at 69 FR 43752, July 22, 2004]
37 CFR 2.208 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Deposit accounts.

§ 2.208 Deposit accounts. (a) For the convenience of attorneys, and the general public in paying any fees due, in ordering copies of records, or services offered by the Office, deposit accounts may be established in the Office. A minimum deposit of $1,000 is required for paying any fees due or in ordering any services offered by the Office. The Office will issue a deposit account statement at the end of each month. A remittance must be made promptly upon receipt of the statement to cover the value of items or services charged to the account and thus restore the account to its established normal deposit. An amount sufficient to cover all fees, copies, or services requested must always be on deposit. Charges to accounts with insufficient funds will not be accepted. A service charge (§ 2.6(b)(11)) will be assessed for each month that the balance at the end of the month is below $1,000. (b) A general authorization to charge all fees, or only certain fees to a deposit account containing sufficient funds may be filed in an individual application, either for the entire pendency of the application or with respect to a particular document filed. An authorization to charge a fee to a deposit account will not be considered payment of the fee on the date the authorization to charge the fee is effective as to the particular fee to be charged unless sufficient funds are present in the account to cover the fee. (c) A deposit account holder may replenish the deposit account by submitting a payment to the Office. A payment to replenish a deposit account must be submitted by one of the methods set forth in paragraphs (c)(1), (c)(2), (c)(3), or (c)(4) of this section. (1) A payment to replenish a deposit account may be submitted by electronic funds transfer through the Federal Reserve Fedwire System, which requires that the following information be provided to the deposit account holder's bank or financial institution: (i) Name of the Bank, which is Treas NYC (Treasury New York City); (ii) Bank Routing Code, which is 021030004; (iii) United States Patent and Trademark Office account number with the Department of the Treasury, which is 13100001; and (iv) The deposit account holder's company name and deposit account number. (2) A payment to replenish a deposit account may be submitted by electronic funds transfer over the Office's Internet Web site ( www.uspto.gov ). (3) A payment to replenish a deposit account may be addressed to: Mail Stop Deposit Accounts, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450. [68 FR 48292, Aug. 13, 2003, as amended at 69 FR 43752, July 22, 2004; 70 FR 56128, Sept. 26, 2005; 73 FR 67775, Nov. 17, 2008; 81 FR 72707, Oct. 21, 2016; 86 FR 35231, July 2, 2021]
37 CFR 2.209 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Refunds.

§ 2.209 Refunds. (a) The Director may refund any fee paid by mistake or in excess of that required. A change of purpose after the payment of a fee, such as when a party desires to withdraw a trademark application, appeal or other trademark filing for which a fee was paid, will not entitle a party to a refund of such fee. The Office will not refund amounts of twenty-five dollars or less unless a refund is specifically requested, and will not notify the payor of such amounts. If a party paying a fee or requesting a refund does not provide the banking information necessary for making refunds by electronic funds transfer (31 U.S.C. 3332 and 31 CFR part 208), or instruct the Office that refunds are to be credited to a deposit account, the Director may require such information, or use the banking information on the payment instrument to make a refund. Any refund of a fee paid by credit card will be by a credit to the credit card account to which the fee was charged. (b) Any request for refund must be filed within two years from the date the fee was paid, except as otherwise provided in this paragraph. If the Office charges a deposit account by an amount other than an amount specifically indicated in an authorization (§ 2.208(b)), any request for refund based upon such charge must be filed within two years from the date of the deposit account statement indicating such charge, and include a copy of that deposit account statement. The time periods set forth in this paragraph are not extendable. PART 3—ASSIGNMENT, RECORDING AND RIGHTS OF ASSIGNEE Editorial Note: Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations. PART 4—COMPLAINTS REGARDING INVENTION PROMOTERS Editorial Note: Part 4 is placed in the separate grouping of parts pertaining to patents regulations. PART 5—SECRECY OF CERTAIN INVENTIONS AND LICENSES TO EXPORT AND FILE APPLICATIONS IN FOREIGN COUNTRIES Editorial Note: Part 5 is placed in the separate grouping of parts pertaining to patents regulations.
37 CFR 2.20 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Declarations in lieu of oaths.

§ 2.20 Declarations in lieu of oaths. Instead of an oath, affidavit, or sworn statement, the language of 28 U.S.C. 1746, or the following declaration language, may be used: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true. [80 FR 33178, June 11, 2015]
37 CFR 2.21 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Requirements for receiving a filing date.

§ 2.21 Requirements for receiving a filing date. (a) The Office will grant a filing date to an application under section 1 or section 44 of the Act that is filed through TEAS, is written in the English language, and contains all of the following: (1) The name, address, and email address of each applicant; (2) If the applicant is represented by a practitioner qualified under § 11.14 of this chapter, the practitioner's name, postal address, and email address; (3) A clear drawing of the mark; (4) A listing of the goods or services; and (5) The filing fee required under § 2.6 for at least one class of goods or services. (b) If the applicant does not satisfy all the elements required in paragraph (a) of this section, the Office will deny a filing date to the application unless the applicant meets the requirements of paragraph (c) of this section. (c) If the applicant is a national of a country that has acceded to the Trademark Law Treaty, but not to the Singapore Treaty on the Law of Trademarks, the requirements of paragraph (a) of this section to file through TEAS and provide an email address do not apply. [84 FR 37093, July 31, 2019, as amended at 84 FR 68046, Dec. 13, 2019]
37 CFR 2.23 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Requirement to correspond electronically with the Office and duty to monitor status.

§ 2.23 Requirement to correspond electronically with the Office and duty to monitor status. (a) Unless stated otherwise in this chapter, all trademark correspondence must be submitted through TEAS. (b) Applicants, registrants, and parties to a proceeding must provide and maintain a valid email address for correspondence. (c) Except for submissions under §§ 2.91, 2.93, and 2.149, if the applicant or registrant is a national of a country that has acceded to the Trademark Law Treaty, but not to the Singapore Treaty on the Law of Trademarks, the requirements of paragraphs (a) and (b) of this section do not apply. (d) Notices issued or actions taken by the USPTO are displayed in the USPTO's publicly available electronic systems. Applicants and registrants are responsible for monitoring the status of their applications and registrations in the USPTO's electronic systems during the following time periods: (1) At least every six months between the filing date of the application and issuance of a registration; (2) After filing an affidavit of use or excusable nonuse under section 8 or section 71 of the Act, or a renewal application under section 9 of the Act, at least every six months until the registrant receives notice that the affidavit or renewal application has been accepted; and (3) After notice of the institution of an expungement or reexamination proceeding under § 2.92, at least every three months until the registrant receives a notice of termination under § 2.94. [84 FR 37094, July 31, 2019, as amended at 86 FR 64326, Nov. 17, 2021]
37 CFR 2.24 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Designation and revocation of domestic representative by foreign applicant.

§ 2.24 Designation and revocation of domestic representative by foreign applicant. (a) An applicant or registrant that is not domiciled in the United States may designate a domestic representative ( i.e., a person residing in the United States on whom notices or process in proceedings affecting the mark may be served). (b) The designation, or a request to change or revoke a designation, must set forth the name, email address, and postal address of the domestic representative and be signed pursuant to § 2.193(e)(8). (c) The mere designation of a domestic representative does not authorize the person designated to represent the applicant or registrant. [84 FR 37094, July 31, 2019]
37 CFR 2.25 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Documents not returnable.

§ 2.25 Documents not returnable. Except as provided in § 2.27(e), documents filed in the Office by the applicant or registrant become part of the official record and will not be returned or removed. [73 FR 67768, Nov. 17, 2008]