the registrant, his legal representatives, or transferees of record in the Patent Office, and such request may be made at any time not more than six months prior to the expiration of the period for which the certificate of registration was issued or renewed.*t (Secs. 12, 14, 33 Stat. 727, 728, sec. 4, 46 Stat. 155; 15 U.S.C. 92, 94) 5.72 Duration of certificates issued on or before April 1, 1905. Certificates of registration in force on the 1st day of April, 1905, shall remain in force for the periods for which they were issued; and shall be renewable on the same conditions for the same periods as certificates issued under the provisions of the Act of February 20, 1905, and, when so renewed, shall have the same force and effect as certificates issued under the Act of February 20, 1905.*† (Sec. 12, 33 Stat. 727; 15 U.S.C. 92) 5.73 Registration to foreign applicants. A certificate of registration under the Act of February 20, 1905, as amended, shall not be issued to an applicant located in a foreign country for any trademark, for registration of which he has filed an application in such foreign country, until such mark has been actually registered by him in the country in which he is located.* (Sec. 4, 33 Stat. 725, 49 Stat. 1539; 15 U.S.C. 84 and Sup.) 5.74 Application for renewal. An application for the renewal of a trade-mark registration may be made by the owner or his duly authorized attorney and should consist of a request addressed to the Commissioner of Patents to renew such certificate of registration, accompanied by the proper fee, and, if the applicant for renewal is other than the owner of record in the Patent Office, by a showing of title to the certificate to be renewed.*t 5.75 Claim of registrant communicated to International Bureau, Habana. Under the convention adopted for the establishment of an International Bureau at Habana, and the regulations of such bureau provided to carry into effect the Convention for the Protection of Trade-Marks, the Commissioner of Patents will communicate to the International Bureau the claim of the owner of the mark on the written request of the owner of the mark or his duly authorized agent, accompanied by a fee of $5, together with (a) an international money order for $50 to the order of "Director of the International Bureau, Habana"; (b) an electrotype of the trade-mark not larger than 10 centimeters in either dimension; (c) should the United States registration claim color as a distinctive element of the trade-mark, 30 copies of the mark printed on paper, reproduced in color; (d) a statement including (1) the name of the owner of the mark; (2) the address of the owner of the mark; (3) the number and the date of registration of the mark in the United States Patent Office; and (e) a translation into Spanish of the particular description of goods as stated in the certificate of registration.*t ASSIGNMENTS 5.76 Requisites. Every registered trade-mark and every mark for the registration of which application has been made, together with the application for registration thereof, shall be assignable in con **For statutory and source citations, see note to § 5.1. Page 71 nection with the good will of the business in which the mark is used. Such assignment must be by an instrument in writing_and duly acknowledged according to the laws of the country or State in which the same is executed. Provision is made for recording such assignments in the Patent Office; but no such assignment will be recorded unless it is in the English language, nor unless an application for the registration of the mark shall have been first filed in the Patent Office, and such assignment must identify the application by serial number and date of filing, or, when the mark has been registered, by the certificate number and the date thereof. No particular form of assignment is prescribed.*t (Sec. 10, 33 Stat. 727; 15 U.S.C. 90) 5.77 Time for recording. An assignment shall be void as against any subsequent purchaser for a valuable consideration, without notice, unless it be recorded in the Patent Office within three months from the date thereof.*t (Sec. 10, 33 Stat. 727; 15 U.S.C. 90) 5.78 Certificate issued to assignee. The certificate of registration may be issued to the assignee of the applicant, but the assignment must first be entered of record in the Patent Office as of a date not later than the fourth Thursday before the date the certificate of registration is to bear.*t (Sec. 11, 33 Stat. 727, sec. 3, 43 Stat. 1269; 15 U.S.C. 91) COPIES AND PUBLICATIONS 5.79 Copies of registered trade-marks. After a trade-mark has been registered, printed copies of the statement and declaration in each case, with a photolithographed copy of the drawing of the trade-mark, may be furnished by the office upon the payment of the fee.*t (Secs. 11, 14, 33 Stat. 727, 728, sec. 3, 43 Stat. 1269, sec. 4, 46 Stat. 155; 15 U.S.C. 91, 94) 5.80 Copies of assignments. An order for a copy of an assignment must give the liber and page of the record as well as the name of the applicant; otherwise an extra charge will be made for the time consumed in making a search for such assignment.** 5.81 Registrations listed in Official Gazette. The Official Gazette of the Patent Office will contain a list of all trade-marks registered, giving in each case a statement of the goods to which the trade-mark is applied, the name and address of the applicant, the date of filing and serial number of the application, and when published, the date of the publication of the trade-mark in the Official Gazette.** 5.82 Fees. On filing each original application for registration of a trade-mark_----- $15.00 On filing each application for renewal of the registration of a trademark__ 15.00 On filing each application for a communication to the International On filing notice of opposition to the registration of a trade-mark____ Page 72 5.00 10.00 15.00 *For statutory and source citations, see note to $ 5.1. On appeal from the decision of the examiner in charge of interferences, awarding ownership of a trade-mark or canceling the registration of a trade-mark, to the Commissioner of Patents- On appeal from the decision of the examiner in charge of trade-marks on a motion for the dissolution of an interference on the ground of noninterference in fact or nonregistrability of a mark, to the Commissioner of Patents____. For manuscript copies of records, for every 100 words or fraction thereof... If certified, for the certificate additional_.. For photostat copies of records, per copy-. If certified, for the certificate additional__ For photostat copies of drawings, per sheet_. For recording every assignment, power of attorney, or other paper not exceeding 6 pages---. For each additional 2 pages or less-- For each additional trade-mark or application involved in one writing where more than one is so included or involved, additional____ For recording articles of incorporation not exceeding 6 pages---. For each additional 2 pages or less---. For abstracts of title: For the search, 1 hour or less, and certificate__ Each additional hour or fraction thereof___ $15.00 **For statutory and source citations, see note to § 5.1. For each brief from the digest of assignments of 200 words or less-_ For a single printed copy of statement and drawing If certified, for the grant, additional.. For the certificate____ If renewed, for copy of certificate of renewal, additional___ *+(Sec. 14, 33 Stat. 728, sec. 4, 46 Stat. 155; 15 U.S.C. 94) 5.83 Payments of money. All payments of money required for office fees must be made in specie, Treasury notes, national-bank notes, post-office money orders, bank drafts, or certified checks. Money orders and checks should be made payable to the "Commissioner of Patents." ** (Sec. 15, 33 Stat. 728; 15 U.S.C. 95) 3.00 1.50 .50 .10 1.50 1.00 .10 .50 .50 .50 5.84 Money sent by mail. Money sent by mail to the Patent Office will be at the risk of the sender. Letters containing money should be registered.*† 5.85 Refund of money paid by mistake. Money paid by actual mistake, such as a payment in excess or when not required by law, or by neglect or misinformation on the part of the office, will be refunded; but a mere change of purpose after the payment of money, as when a party desires to withdraw his application for the registration of a trade-mark, or to withdraw an appeal, will not entitle a party to demand such a return.*t (Sec. 15, 33 Stat. 728; 15 U.S.C. 95) 5.86 Notice of registration. It shall be the duty of the registrant under the Act of February 20, 1905, as amended, and under section 1 (b) of the Act of March 19, 1920, to give notice to the public that a trade-mark is registered either by affixing thereon the words "Registered in U. S. Patent Office," or "Reg. U. S. Pat. Off.," or when from the character and size of the trade-mark or from its manner of attachment to the article to which it is appropriated this Page 73 cannot be done, then by affixing a label containing a like notice to the package or receptacle wherein the article or articles are inclosed; otherwise on a suit for infringement no damages shall be recovered except on proof that the defendant was duly notified of infringement, and continued the same after such notice.*t (Sec. 28, 33 Stat. 730, sec. 6, 41 Stat. 535; 15 U.S.C. 107) 5.87 Amendment of rules. All amendments of the rules in this part will be published in the Official Gazette.1 *† 5.88 Questions not provided for. All cases not specifically defined and provided for in the rules in this part will be decided in accordance with the merits of each case under the authority of the Commissioner, and such decision will be communicated to the interested parties in writing.*t PART 9-PRINTS AND LABELS Sec. Sec. Correspondence 9.22 Refusal of registration. 9.1 Business to be transacted in writ- 9.23 Merits and objections. ing. Amendments 9.2 Decorum and courtesy. 9.3 Letters and remittances to be in 9.25 Definite instructions. 9.6 Personal attendance of applicants unnecessary. 9.7 Correspondence with attorney. 9.9 Inquiries relative to other registra- 9.10 Express charges, etc., to be pre- 9.11 Employment of attorney. 9.12 Power of attorney. 9.13 Substitution. 9.14 Revocation. 9.15 Gross misconduct. 9.17 Addressee and signer. 9.18 Requisites and form. 9.19 Title. 9.20 Pending applications preserved in secrecy. Examination of applications 9.21 Novelty not questioned. Patents: See Part 1. 9.24 Correction of informalities. Registration of prints and labels 9.36 Payment of fee. 9.16 Who may register. 9.37 Official Gazette. The application Fees Page 74 9.26 Jurisdiction after allowance. 9.30 Registration of prints and labels. 9.31 Adverse decisions reviewed by Commissioner. Issue, date, and duration of certificate 9.32 Issuance. 9.33 Duration. 9.34 Renewal. Assignments 9.35 Requisites and form. Copies and publications 9.38 Schedule. 9.39 Payable to Commissioner. 9.40 Payments in specie, money orders, etc. 9.41 Return of fee. Notice of copyright 9.42 Infringement. CROSS REFERENCES 1 Amendments to the rules in this part will also be published in the Federal Register and in the supplements to this code. **For statutory and source citations, see note to § 5.1. CORRESPONDENCE Section 9.1 Business to be transacted in writing. All business with the office should be transacted in writing. Unless by the consent of all parties, the action of the office will be based exclusively on the written record. No attention will be paid to any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt.** *§§ 9.1 to 9.42, inclusive, issued under the authority contained in sec. 3, 18 Stat. 79; 17 U.S.C. 63. In §§ 9.1 to 9.42, inclusive, the numbers to the right of the decimal point correspond with the respective rule numbers in Registration of prints and labels, Commissioner of Patents, Sept. 1, 1936. 9.2 Decorum and courtesy. Applicants and attorneys will be required to conduct their business with the office with decorum and courtesy. Papers presented in violation of this requirement will be returned. But all such papers will first be submitted to the Commissioner, and only returned by his direct order.** 9.3 Letters and remittances to be in name of Commissioner. All letters should be addressed to "The Commissioner of Patents": and all remittances by postal order, certified check, or draft should be to his order.*† 9.4 Separate letters. A separate letter should in every case be written in relation to each distinct subject of inquiry or application. Complaints against the examiner, assignments for record, fees, and orders for copies or abstracts must be sent to the office in separate letters.** 9.5 Pending applications; registered prints and labels. Letters relating to pending applications should refer to the name of the applicant and date of filing. Letters relating to registered prints and labels should refer to the name of registrant and number and date of certificate.** 9.6 Personal attendance of applicants unnecessary. The personal attendance of applicants at the Patent Office is unnecessary. Their business can be transacted by correspondence.** 9.7 Correspondence with attorney. When an attorney shall have filed his power of attorney, duly executed, the correspondence will be held with him.*t 9.8 Double correspondence not allowed. A double correspondence with an applicant and his attorney, or with two attorneys, can not generally be allowed.** 9.9 Inquiries relative to other registrations. The office can not undertake to respond to inquiries propounded with a view to ascertain whether certain prints and labels have been registered, or, if so, to whom, or for what goods; nor can it give advice as to the nature and extent of the protection afforded by the law, or act as its expounder, except as questions may arise upon applications regularly filed.** **For statutory and source citations, see note to § 9.1. Page 75 [217] |
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