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5. Pharmaceutical, veterinary, and sanitary substances; infants' and invalids' foods; plasters, material for bandaging; material for stopping teeth, dental wax, disinfectants; preparations for killing weeds and destroying vermin.

6. Unwrought and partly wrought common metals and their alloys; anchors, anvils, bells, rolled and cast building materials; rails and other metallic materials for railway tracks; chains (except driving chains for vehicles); cables and wires (nonelectric); locksmiths' work; metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes; nails and screws; other goods in nonprecious metal not included in other classes; ores.

7. Machines and machine tools; motors (except for land vehicles); machine couplings and belting (except for land vehicles); large size agricultural implements; incubators.

8. Hand tools and instruments; cutlery, forks, and spoons; side arms.

9. Scientific, nautical, surveying and electrical apparatus and instruments (including wireless), photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; coin or counterfreed apparatus; talking machines; cash registers; calculating machines; fire extinguishing apparatus.

10. Surgical, medical, dental, and veterinary instruments and apparatus (including artificial limbs, eyes, and teeth).

11. Installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes.

12. Vehicles; apparatus for locomotion by land, air, or water.

13. Firearms; ammunition and projectiles; explosive substances; fireworks.

14. Precious metals and their alloys and goods in precious metals or coated therewith (except cutlery, forks and spoons); jewelry, precious stones, horological and other chronometric instruments.

15. Musical instruments (other than talking machines and wireless apparatus).

16. Paper and paper articles, cardboard and cardboard articles; printed matter, newspaper and periodicals, books; bookbinding material; photographs; stationery, adhesive materials (stationery); artists' materials; paint brushes; typewriters and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards; printers' type and cliches (stereotype).

17. Gutta percha, india rubber, balata and substitutes, articles made from these substances and not included in other classes; plastics in the form of sheets, blocks and rods, being for use in manufacture; materials for packing, stopping or insulating; as

bestos, mica and their products; hose pipes (nonmetallic).

18. Leather and imitations of leather, and articles made from these materials and not included in other classes; skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.

19. Building materials, natural and artificial stone, cement, lime, mortar, plaster and gravel; pipes of earthenware or cement; roadmaking materials; asphalt, pitch and bitumen; portable buildings; stone monuments; chimney pots.

20. Furniture, mirrors, picture frames; articles (not included in other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-ofpearl, meerschaum, celluloid, substitutes for all these materials, or of plastics.

21. Small domestic utensils and containers (not of precious metals, or coated therewith); combs and sponges; brushes (other than paint brushes); brushmaking materials; instruments and material for cleaning purposes, steel wool; unworked or semiworked glass (excluding glass used in building); glassware, procelain and earthenware, not included in other classes.

22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks; padding and stuffing materials (hair, kapok, feathers, seaweed, etc.); raw fibrous textile materials. 23. Yarns, threads.

24. Tissues (piece goods); bed and table covers; textile articles not included in other classes.

25. Clothing, including boots, shoes and slippers.

26. Lace and embroidery, ribands and braid; buttons, press buttons, hooks and eyes, pins and needles; artificial flowers.

27. Carpets, rugs, mats and matting; linoleums and other materials for covering existing floors; wall hangings (nontextile).

28. Games and playthings; gymnastic and sporting articles (except clothing); ornaments and decorations for Christmas trees. 29. Meats, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; eggs, milk and other dairy products; edible oils and fats; preserves, pickles.

30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour, and preparations made from cereals; bread, biscuits, cakes, pastry and confectionary, ices; honey, treacle; yeast, baking powder; salt, mustard, pepper, vinegar, sauces, spices; ice.

31. Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds; live plants and flowers; foodstuffs for animals, malt.

32. Beer, ale and porter; mineral and aerated waters and other nonalcoholic drinks;

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INDEX II-RULES RELATING TO TRADEMARKS

A

Abandonment of application or mark:

Section

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

2.26

Express abandonment..............

......... 2.135 2.68

For failure to respond or to respond completely to official action............... 2.65(a) Opportunity to explain incomplete response........

Petition to Commissioner may avoid abandonment........
Revival of abandoned application.......

...2.65(b) 2.63(b), 2.65(a)

2.66

Acceptance of affidavit under sec. 8...............

....2.164

Access:

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

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

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

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

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

2.120(j)(8)

Advertising by attorneys and others, restricted.......

.2.14

Affidavit or declaration:

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

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of use to avoid cancellation of registration under sec. 8........

Agent. See Attorneys and other representatives.

.2.161, 2.162

2.165, 2.184

Allegations in application or registration not evidence on behalf of ap

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Answer to notice instituting concurrent use proceeding..

Who needs to answer and when..........

Failure to answer.....

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.......................... 2.106, 2.114

2.106(b)(1), 2.114(b)(1) .2.116(c)

..2.106(b)(2), 2.114(b)(2) 2.106(a), 2.114(b)

.2.99(d) 2.99(d)(2)

....................2.99(d)(3)

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

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Noitice of election of appellee to proceed by civil action after appeal to U.S. Court of Appeals for the Federal Circuit.............................. 2.145(c)(3) Time for appeal or civil action...........

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Appeal to Trademark Trial and Appeal Board:
Appropriate response to final refusal or second refusal on the same

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

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

Reopening of examination of application after decision on appeal.......... 2.142(g)

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

Applicant:

Foreign................

May be represented by an attorney.

2.144

...2.142(f)

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2.39

2.11

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