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............ 2.26 .2.135 Express abandonment.... 2.68 For failure to respond or to respond completely to official action.......... 2.65(a) 2.65(c) 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 2.27(c) When to file copy of request with Trademark Trial and Appeal 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 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....... Appeal to Court from decision of Trademark Trial and Appeal Board,.............................2.145 .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 Remand to Examiner re new issue prior to decision.............. Time and manner of filing appeal....... Applicant: Foreign......... Reconsideration of decision on appeal......... Reopening of examination of application after decision on appeal... May be represented by an attorney.. Signature and oath or declaration...... .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 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........... 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) 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.. On appeal to Trademark Trial and Appeal Board... On petitions to Commissioner...... Burden of proof in an interference...... 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) As Evidence in inter partes proceeding.. 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 .2.145(c)(4) 2.67 ....2.117 Suspension of action in application pending outcome.... 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 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) |