Foreword to the Second Edition This Manual is published to provide trademark examining attorneys in the Patent and Trademark Office, trademark registration applicants, and attorneys and representatives for trademark registration applicants, with a reference work on the practices and procedures relative to prosecution of applications to register marks in the Patent and Trademark Office. The Manual contains guidelines for Examining Attorneys and materials in the nature of information and interpretation, and outlines the procedures which Examining Attorneys are required or authorized to follow in the examination of trademark applications. Trademark Examining Attorneys will be governed by the applicable statutes, the Trademark Rules of Practice, decisions, and Orders and Notices issued by the Commissioner of Patents, Assistant Commissioners, or the Director of the Trademark Examining Groups. The second edition incorporates into the Manual Office practice and relevant case law reported prior to April 1993. Policies stated in the second edition supersede any previous policies stated in the first edition or any other statement of Office policy, to the extent that there is any conflict. The second edition not only brings the Manual up to date with respect to current law, practice and procedures, but it also includes additional material. Most notably, the second edition includes the trademark rules, as well as some related patent rules, and Office forms related to applications and post-registration filings. The Office will issue periodic updates to the Manual which will be distributed to all subscribers to the second edition. Updates will consist of a cumulative update or pocket part reflecting changes affecting specific sections. Updates may also include a substitute chapter or major section to replace the previous section or chapter. Mary Collette Cipparone Robert M. Anderson Acting Assistant Commissioner for Trademarks Suggestions for improving the form and content of the Trademark Manual are always welcome. They should be addressed to: Commissioner of Patents and Trademarks Attention: Editor, Trademark Manual of Examining Procedure Washington, D.C. 20231 Access by Public to Pending Unpublished Application Files Access by Public to Pending But Published Application Files, Registered Files, Abandoned Files, and Assignability of Marks in Applications and Registrations Assignment of Intent-to-Use Applications Effect of Failure to Record Assignment Foreign Assignee Must Designate Domestic Representative Assignee Stands in Place of Applicant or Registrant Establishing Ownership of Applications or Registrations Issuance of Registration Certificate in Name of Assignee or in Applicant's New Name |