PART 2--RULES OF PRACTICE IN AUTHORITY: 15 U.S.C. 1123; 35 U.S.C. 6, unless otherwise noted. SOURCE: 30 FR 13193, Oct. 16, 1965, unless otherwise noted. RULES APPLICABLE TO TRADEMARK CASES Section 2.1 Sections of Part 1 applicable. Sections 1.1 to 1.26 of this chapter are applicable to trademark cases except such parts thereof which specifically refer to patents and except §1.22 to the extent that it is inconsistent with §§2.85(e), 2.101(d), 2.111(c) or §2.162(d). Other sections of Part 1 incorporated by reference or referred to in particular sections of this part are also applicable to trademark cases. [51 FR 28709, Aug. 11, 1986] Section 2.2 Definitions. (a) The Act as used in this part means the Trademark Act of 1946, 60 Stat. 427, as amended, codified in 15 U.S.C. 1051 et. seq. (b) Entity as used in this part includes both natural and juristic persons. [54 FR 37588, Sept. 11, 1989] Section 2.6 Trademark fees. The following fees and charges are established by the Patent and Trademark Office for trademark cases: 2.6(a)(4) Filing a Request for a Six-month Extension of Time for Filing a Statement of Use . 100.00 100.00 .300.00 100.00 . 100.00 . 100.00 100.00 100.00 2.6(b)(4)(i) 2.6(b)(4)(ii) 2.6(b)(2)(i) 2.6(b)(2)(ii) 2.6(b)(3) 2.6(b)(5) 2.6(b)(7) 1.19(g) 2.6(b)(9) 2.6(b)(1)(iii) Printed copy of each registered mark ordered via EOS, expedited service Certified copy of registered mark, with title and/or status, regular service Certified or uncertified copy of trademark application as filed, regular service 25.00 10.00 20.00 12.00 24.00 50.00 25.00 .... 25.00 25.00 0.25 2.6(b)(6) Recording trademark assignment, agreement or other paper, first mark per document 40.00 [47 FR 41282, Sept. 17, 1982, as amended at 51 FR 28057, Aug. 4, 1986; 54 FR 6904, Feb. 15, 1989; 54 FR 37588, Sept. 11, 1989; 54 FR 50949, Dec. 11, 1989; 57 FR 38190, Aug. 21, 1992] D REPRESENTATION BY ATTORNEYS OR OTHER AUTHORIZED PERSONS AUTHORITY: Sections 2.11 to 2.19 also issued under 35 U.S.C. 31, 32. Section 2.11 Applicants may be represented by an attorney. The owner of a trademark may file and prosecute his or her own application for registration of such trademark, or he or she may be represented by an attorney or other individual authorized to practice in trademark cases under §10.14 of this subchapter. The Patent and Trademark Office cannot aid in the selection of an attorney or other representative. [50 FR 5171, Feb. 6, 1985] Sections 2.12-2.16 [Reserved]. Section 2.17 Recognition for representation. (a) When an attorney as defined in §10.1(c) of this subchapter acting in a representative capacity appears in person or signs a paper in practice before the Patent and Trademark Office in a trademark case, his or her personal appearance or signature shall constitute a representation to the Patent and Trademark Office that, under the provisions of §10.14 and the law he or she is authorized to represent the particular party in whose behalf he or she acts. Further proof of authority to act in a representative capacity may be required. (b) Before any non-lawyer will be allowed to take action of any kind in any application or proceeding, a written authorization from the applicant, party to the proceeding, or other person entitled to prosecute such application or proceeding must be filed therein. [30 FR 13193, Oct. 16, 1965, as amended at 50 FR 5171, Feb. 6, 1985] Section 2.18 Correspondence, with whom held. Correspondence will be sent to the applicant or a party to a proceeding at its address unless papers are transmitted by an attorney at law, or a written power of attorney is filed, or written authorization of other person entitled to be recognized is filed, or the applicant or party designates in writing another address to which correspondence is to be sent, in which event correspondence will be sent to the attorney at law transmitting the papers, or to the attorney at law designated in the power of attorney, or to the other person designated in the written authorization, or to the address designated by the applicant or party for correspondence. Correspondence will continue to be sent to such address until the applicant or party, or the attorney at law or other authorized representative of the applicant or party, indicates in writing that correspondence is to be sent to another address. Correspondence will be sent to the domestic representative of a foreign applicant unless the application is being prosecuted by an attorney at law or other qualified person duly authorized, in which event correspondence will be sent to the attorney at law or other qualified person duly authorized. Double correspondence will not be undertaken by the Patent and Trademark Office, and if more than one attorney at law or other authorized representative appears or signs a paper, the Office reply will be sent to the address already established in the file until another correspondence address is specified by the applicant or party or by the attorney or other authorized representative of the applicant or party. [41 FR 758, Jan. 5 1976, as amended at 54 FR 37588, Sept. 11, 1989] Section 2.19 Revocation of power of attorney or of other authorization to represent; withdrawal. (a) Authority to represent an applicant or a party to a proceeding may be revoked at any stage in the proceedings of a case upon notification to the Commissioner; and when it is so revoked, the Office will communicate directly with the applicant or party to the proceeding or with such other qualified person as may be authorized. The Patent and Trademark Office will notify the person affected of the revocation of his or her authorization. (b) An individual authorized to represent an applicant or party in a trademark case may withdraw upon application to and approval by the Commissioner. DECLARATIONS Section 2.20 Declarations in lieu of oaths. The applicant or member of the firm or an officer of the corporation or association making application for registration or filing a document in the Patent and Trademark Office relating to a mark may, in lieu of the oath, affidavit, verification, or sworn statement required from him, in those instances prescribed in the individual rules, file a declaration that all statements made of his own knowledge are true and that all statements made on information and belief are believed to be true, if, and only if, the declarant is, on the same paper, warned that willful false statements and the like are punishable by fine or imprisonment, or both (18 U.S.C. 1001), and may jeopardize the validity of the application or document or any registration resulting therefrom. [31 FR 5261, Apr. 1, 1966] |