Page images
PDF
EPUB

INDEX II-RULES RELATING TO TRADEMARKS

EDITORIAL NOTE: This listing is provided for information purposes only. It is compiled and kept up-to-date by the Department of Commerce.

Section

Abandonment of application or mark:

Drawing of abandoned application used in new application............
During inter partes proceeding..............

2.26

.2.135

[ocr errors]

Express abandonment....

2.68

For failure to respond or to respond completely to official action..........
For failure to timely file a statement of use...

2.65(a)

2.65(c)

[blocks in formation]

To applications, and all proceedings relating thereto, after publication or registration..........

2.27(d)

To applications prior to publication.....................

To assignment records..........

........ 2.27(b) ..1.12

To decisions of Commissioner and the Trademark Trail and Appeal
Board................

2.27(c)

[blocks in formation]

When to file copy of request with Trademark Trial and Appeal
Board..............

2.120(j)(8)

Advertising by attorneys and others, restricted...

Affidavit or declaration:

Claiming benefits of Act of 1946 under sec. 12(c)...........

Combined secs. 8 and 15.......

.10.32

.2.153

2.168(a)

Combined secs. 9 and 15......

For incontestability under sec. 15..

For renewal application under sec. 9................

of use to avoid cancellation of registration under sec. 8............. Reconsideration and review of refusal......................................

Allegations in application or registration not evidence on behalf of ap

[blocks in formation]
[blocks in formation]

To seek concurrent use registration.........

Use application under sec. 1(a) may not be amended to intent-to-use

application under sec. 1(b).........

Amendment of certificate of registration...

During inter partes proceedings......

Amendment of pleadings in inter partes proceedings:

Cancellation.........

Amendment of rules..........

2.84(b)

.2.77

.2.72

2.74

.2.133

.2.76

...2.75

2.71

..2.73

2.33(d)

2.173

2.133

.2.115

2.107

2.189

...... 2.76 2.64(c)

Opposition.......

Amendment to allege use..

Filed during final action response period......

Answer to pleadings in opposition and cancellation proceedings........... 2.106, 2.114 Contents of answer.......

[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

Appeal to Court from decision of Trademark Trial and Appeal Board,.............................2.145
Appeal to U.S. Court of Appeals for the Federal Circuit..
Civil action...........

.2.145(a)

.....2.145(c)

Notice of election by appellee to proceed by civil action after appeal

to U.S. Court of Appeals for the Federal Circuit....

Time for appeal or civil action..........

Appeal to Trademark Trial and Appeal Board:

Appropriate response to final refusal or second refusal on the same

[blocks in formation]

Remand to Examiner re new issue prior to decision..............

Time and manner of filing appeal.......

Applicant:

Foreign.........

Reconsideration of decision on appeal.........

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

Reopening of examination of application after decision on appeal...

May be represented by an attorney..
Name of.............

Signature and oath or declaration......
Application for registration.............

.2.142(g)

.......2.142(a)

....................... 2.24, 2.39

.......... 2.11 2.21, 2.32(c) 2.21(a)(6), 2.32

2.21-2.47

Access to pending applications..........

Authorization for representation; U.S. representative..........

Basis for filing.....

Certification mark.

Section

2.27

.2.37

.2.21(a)(5)

.2.45

[blocks in formation]

Right to take action when assignment is recorded or proof of assignment has been submitted...........

2.186

Assignment of registered marks or marks subject to pending applications.........

........

2.185-2.187

Date of record of assignment...........
Recording in Patent and Trademark Office of assignments or other

2.185(c)

instruments relating to such marks...........

2.185(a)

Records open to public inspection......

.1.12

Requirements for recording.............

Assignment of trail dates in inter partes proceedings..

After issue is joined...........

Consolidated proceedings......

Counterclaim...

Discovery period................

Rescheduling......

Stipulation to extend..

2.185

2.120(a), 2.121

.2.121(a)(2)

2.121(b)(2)

.2.121(b)(2)

2.120(a)

.... 2.121(a)(1), (c) .2.121(d)

[blocks in formation]

Bona fide intention to use.... 2.21(a)(5) (ii)-(iv), 2.33(b)(2), 2.89(a)(3), (b)(3), (d)(1) Briefs:

At final hearing in inter partes case...

....2.128

Failure of appellant to file brief on appeal..

Section

Failure of inter partes plaintiff to file brief at final hearing..
Failure to file brief on inter partes motion.........

On appeal to Trademark Trial and Appeal Board...
On motions in inter partes cases.....

On petitions to Commissioner......

Burden of proof in an interference......

[ocr errors][merged small][merged small][merged small]

Business with Patent and Trademark Office to be conducted with decorum and courtesy...

Business with Patent and Trademark Office transacted in writing..

1.3 .1.2

Cancellation of registrations:

C

By cancellation proceeding-pleadings and procedure......................... See also Petition for Cancellation

2.111 et seq.

By registrant...

2.134, 2.172

Certification mark...................................

Citizenship of applicant........

Civil action:

From decision of Commissioner.........

2.134(b)

Cases not specifically defined in rules, petition to the Commissioner....2.146(a)(4)
Certificate of correction of registration..
Certificate of mailing by "Express Mail"..
Certificate of mailing by first class mail...
Certificate of registration:

As Evidence in inter partes proceeding..
Contents............

Issuance of new certificate to assignee.....

When and how issued.......

Certified copies of registrations and records...

For failure to file affidavit or declaration of use under sec. 8..............2.161-2.166 During cancellation proceeding....

.2.174, 2.175 .1.10

1.8

.2.122 (b), (d), (e)

2.151

.2.171

.2.81, 2.82, 2.151

... 2.45 .....1.13

From decision of Trademark Trial and Appeal Board..................

..2.33

2.145(c) .2.145(c)(3)

Notice of election by appellee to proceed by civil action after appeal

to U.S. Court of Appeals for the Federal Circuit........

................. 2.145(c)(3)

Notice of election to commerce civil action to Trademark Trail and
Appeal Board after decision...........

.2.145(c)(4)

2.67

....2.117

Suspension of action in application pending outcome....
Suspension of inter partes proceedings pending outcome.......
Time for commencing civil action from decision of Commissioner or
Trademark Trial and Appeal Board.........

Waiver of right to proceed by civil action in ex parte case. Civil procedure, Federal rules, applied to inter partes proceedings. ................................... 2.116(a) Claim of benefits of Act of 1946 for marks registered under prior acts...2.153

[blocks in formation]

Intent-to-use applications under sec. 1(b) and use applications under

sec. 1(a) may not be combined...

2.44 2.71(c)

2.86, 2.87

.2.33(b), 2.86(c)

« PreviousContinue »