$2.166 Time of cancellation. will not be refused if the recured If no affidavit or declaration is filed feels) (See $ 2.6) are fied in de within the sixth year following regis Patent and Trademark Ofice v tration or publication under section the time limit set forth in the Doca12(c) of the Act, the registration will tion of this defect by the Office. 13be cancelled forthwith by the Commis. sufficient fees are included to cover 2) sioner. If the affidavit or deciaration is classes in the registration, the partienfiled but is refused, cancellation of the lar ciass or classes to which the ait 32registration will be withheid pending vit or declaration pertains shou.d be further proceedings. specified (Sec. 15. 60 Stat. 433. 15 CS.C. 1055, 35 AFFIDAVIT OR DECLARATION UNDER C.S.C. 6. 15 C S.C. 1113, 1123) 130 FR 13193. Oct. 16. 1965, as anedded $ 2.167 Affidavit or declaration under sec. 47 FR 41282. Sept. 17. 1982) tion 15. $ 2.168 Combined with other affidavits or The affidavit or declaration in ac- declarations. cordance with $ 2.20 provided by sec (a) The affidavit or declaration fied tion 15 of the Act for acquiring incontestability for a mark registered on under section 15 of the Act may a so the Principal Register or a mark regis. be used as the affidavit or deciara:ion tered under the Act of 1881 or 1905 required by section 8. provided it a so and published under section 12(c) of complies with the requirements and is the Act (2.153) must: filed within the time limit specified in (a) Be signed by the registrant; 1$ 2.161 and 2.162. (b) Identify the certificate of regis. (b) in appropriate circumstances the tration by the certificate number and affidavit or declaration filed under date of registration; section 15 of the Act may be combined (C) Recite the goods or services with the affidavit or declaration restated in the registration on or in con quired for renewal of a registration nection with which the mark has been (see 2.183). in continuous use in commerce for a period of five years subsequent to the CORRECTION, DISCLAIMER, SURRENDEZ date of registration or date of publica. ETC. tion under section 12c) of the Act, $ 2.171 New certificate on change of ownand is still in use in commerce, specify. ership ing the nature of such commerce: (d) Specify that there has been no In case of change of ownership of a final decision adverse to registrant's registered marš, upon request of the claim of ownership of such mark for assignee, a new certificate of registrasuch goods or services, or to regis. tion may be issued in the name of the trant's right to register the same or to assignee for the unexpired part of the keep the same on the register, original period. The assignment must (e) Speciíy that there is no proceed. be recorded in the Parent and Tradeing involving said rights pending in mars Oifice, and the request for the the Patent and Trademark Office or new certificate must be signed by the in a court and not finally disposed of; assignee and accompanied by the re (f) Be fiied within one year after the quired fee. The original certificate of expiration of any five-year period of registration, if available, must aiso be continuous use folowing reg.stration submitted. or publication under section 12(c). (Sec. 1, 60 Siat. 430 as amended 15 CS.C. The registrant will be notified of the 1057) receipt of the aiiidavit or declaration. 131 FR 5262. Apr. 1, 1966) (g) Include the required fee for each c.ass to which the affidavit or deciara. $ 2.172 Surrender for cancellation. t:on pertairs in the registration. If no Cpon application by the registrant, fee, or a fee insufficient to cover at the Commissioner may permit any least one class, is filed at an appropri. regstration to be surrendered for can. are time, the affidavit or deciaration celiation. Application for such action (Sec. 7. 60 Stat. 430, as amended; 15 U.S.C. 1057) (30 FR 13193, Oct. 16, 1965, as amended at 31 FR 5262, Apr. 1, 1966; 48 FR 23143, May 23, 1983) must be signed by the registrant and must be accompanied by the original certificate of registration, if not lost or destroyed. When there is more than one class in a registration, one or more entire class but less than the total number of classes may be surrendered as to the specified class or classes. Deletion of less than all of the goods or services in a single class constitutes amendment of registration as to that class (see $ 2.173). (Sec. 7, 60 Stat. 430 as amended; 15 U.S.C. 1057) (41 FR 761, Jan. 5, 1976) 8 2.174 Correction of Office mistake. Whenever a material mistake in a registration, incurred through the fault of the Patent and Trademark Office, is clearly disclosed by the records of the Office, a certificate stating the fact and nature of such mistake, signed by the Commissioner or by an employee designated by the Commissioner and sealed with the seal of the Patent and Trademark Office, shall be issued without charge and recorded, and a printed copy thereof shall be attached to each printed copy of the registration certificate. Such corrected certificate shall thereafter have the same effect as if the same had been originally issued in such corrected form, or in the discretion of the Commissioner a new certificate of registration may be issued without charge. The certificate of registration or, if said certificate is lost or destroyed, a certified copy thereof, must be submitted in order that the Commissioner may make appropriate entry thereon. (Sec. 7, 60 Stat. 430, as amended; 15 U.S.C. 1057) 8 2.173 Amendment and disclaimer in part. (a) Upon application by the registrant, the Commissioner may permit any registration to be amended or any registered mark to be disclaimed in part. Application for such action must specify the amendment or disclaimer and be signed by the registrant and verified or include a declaration in accordance with $ 2.20, and must be accompanied by the required fee. If the amendment involves a change in the mark, new specimens showing the mark as used in connection with the goods or services, and a new drawing of the amended mark must be submitted. The certificate of registration or, if said certificate is lost or destroyed, a certified copy thereof, must also be submitted in order that the Commissioner may make appropriate entry thereon and in the records of the Office. The registration when amended must still contain registrable matter and the mark as amended must be registrable as a whole, and such amendment or disclaimer must not involve such changes in the registration as to alter materially the character of the mark. (b) No amendment in the identification of goods or services in a registration will be permitted except to restrict the identification or otherwise to change it in ways that would not require republication of the mark. No amendment seeking the elimination of a disclaimer will be permitted. (c) A printed copy of the amendment or disclaimer shall be attached to each printed copy of the registration. SO $ 2.175 Correction of mistake by regis trant. (a) Whenever a mistake has been made in a registration and a showing has been made that such mistake occurred in good faith through the fault of the applicant, the Commissioner may issue a certificate of correction, or in his discretion, a new certificate upon the payment of the required fee, provided that the correction does not involve such changes in the registration as to require republication of the mark. (b) Application for such action must specify the mistake for which correction is sought and the manner in which it arose, show that it occurred in good faith, be signed by the applicant and verified or include a declaration in accordance with $ 2.20, and be accompanied by the required fee. The certificate of registration or, if said certificate is lost or destroyed, a certi (d) A petition to the Commissioner for review of the action shall be a condition precedent to an appeal to or action for review by any court. (48 FR 23143, May 23, 1983) ASSIGNMENT OF MARKS facts as to nonuse for each class for which renewal is sought or it must be clear that the facts recited apply to each class sought to be renewed. If the facts recited require amplification, or explanation, in order to show excusable nonuse, further evidence may be submitted and considered even though filed after the period for applying for renewal has passed. (d) If the applicant is not domiciled in the United States, the application for renewal must include the designation of some person resident in the United States on whom may be served notices or process in proceedings affecting the mark. (e) If the mark is registered under the Act of 1920, the application for renewal must include a showing which is verified or which includes a declaration in accordance with $ 2.20 that renewal is required to support foreign registrations. (30 FR 13193, Oct. 16, 1965, as amended at 31 FR 5262, Apr. 1, 1966; 41 FR 761, Jan. 5, 1976) 8 2.184 Refusal of renewal. (a) If the application for renewal is incomplete or defective, the renewal will be refused. The application may be completed or amended in response to a refusal, subject to the provisions of $ 2.183. If a response to a refusal of renewal is not filed within six months from the date of mailing of the action, the application for renewal will be considered abandoned. A request to reconsider a refusal of renewal shall be a condition precedent to a petition to the Commissioner to review the refusal of renewal. (b) If the refusal of renewal is adhered to, the registrant may petition the Commissioner to review the action under $ 2.146(a)(2). The petition to the Commissioner requesting review of the action adhering to the refusal of the renewal must be filed within six months from the date of mailing of the action which adhered to the refusal. If a timely petition to the Commissioner is not filed, the application for renewal will be considered abandoned. (c) The decision of the Commissioner on the petition will constitute the final action of the Patent and Trademark Office. § 2.185 Requirements for assignments. (a) Assignments under section 10 of the act of registered marks, or marks for which an application for registration has been filed, will be recorded in the Patent and Trademark Office. Other instruments which may relate to such marks may be recorded in the discretion of the Commissioner. No assignment will be recorded, except as may be ordered by the Commissioner, unless it has been executed and unless: (1) The certificate of registration is identified in the assignment by the certificate number (the date of registration should also be given), or, the application for registration shall have been first filed in the Patent and Trademark Office and the application is identified in the assignment by serial number (the date of filing should also be given); (2) It is in the English language or, if not in the English language, accompanied by a translation signed by the translator; (3) The fee for recording is received; and (4) A designation of a domestic representative is made in case the assignee is not domiciled in the United States. The designation must be separate from the assignment and there must be a separate designation for each registration or application assigned in one instrument. (b) The address of the assignee should be recited in the assignment, otherwise it must be given in a separate paper. (c) The date of record of the assignment is the date of the receipt of the assignment at the Patent and Trademark Office in proper form and accompanied by the full fee for recording. (Sec. 3, 79 Stat. 260, sec. 10, 60 Stat. 431; 15 U.S.C. 113, 1060) (30 FR 13193, Oct. 16, 1965, as amended at 41 FR 762, Jan. 5, 1976) PART 4 (RESERVED $ 2.156 Action may be taken by assignee of record Any action with respect to an 25signed application or registration which may or must be taken by a reg. istrant or applicant may be taken by the assignee provided that the assignment has been recorded (48 FR 23143. Way 23. 1983) PART 5-SECRECY OF CERTAIN IN VENTIONS AND LICENSES TO EXPORT AND FILE APPLICATIONS IN FOREIGN COUNTRIES EDITORIA: XOTE Par: 5 s piace = 2 st r25€ I0.33 oi paris per a palen It appears on page 137 of Its Tote PART 6 CLASSIFICATION OF GOODS AND SERVICES UNDER THE TRADEMARK ACT may See 6.1 International schedule of ciasses of goods and services 6.2 Prior CS schedule of classes of goods 63 Schedule for cert 22:201 6.4 Schedate for aceite beraber $2187 Certificate of registration issue to assignee. The certificate of registration may be issued to the assignee of the appiicant, or in a new name of applicant. and certificate of registration will be so issued provided an appropriate document is of record in the Assignment Division of the Parent ard Traderark Office no later than the time the norice of publication is maded, or if such document is not of record, then if a statement that such document has been fied for recorda:ion is in the application file by the time the applica. tion is being prepared for issuance of the certificate of registration. The address of the assignee must be made of record in the app.carion fie or in the recorded document. [41 FR 762. Jaz. 5. 1976) AMENDMENT OF ROLES ASTEORIIT. Secs. 30. 41. 60 Sial. 436. 44* 15 CS.C. 1112. 1:23. $6.1 International schedule of clanes of goods and services. Gooss 1 Chemical products used D257 505ence. porrogacy. azrouine bor. ture, forestry area and tibetiere pasics the form of poroers. Sos or pes.es. 1o: Doustra 25€ rates and are fire extra 000705Dors. terpering Sosances and coepreparaisons for 50 DETTE crema starces for presents foods is an subsances acreste substances 2005 das:) 2 Parts Taro stes accuers presertatires against ris and agains dete:3072.300 of wood coisrig raiders, dress Doe 2149 Amendments to rules. a; A recomen's to this part 1 be pubiisted in the Official Gazette acd:n te FEDERA: REGISTER bi WhereTer recenzed by law, and in order cases whepeter practicabie, nomice of proposed amerdinents to these ries be pabisted in the FEDERAL REGISTER and in tre Official Gezeite. If not pubished with the co...€, copies of the text wij be fur. rished to any person requesting the sare. A corr..neris. suggestions, and treis rece:Ted Thin a time specified in the notice . be oors gered before adot::on of the proposed arendrer: och may be codified in the light thereo!. Orai hear...gs may be leida: the discre:05. Of he Comissioner. |