For cost of the following publications, etc.-Continued. Index from 1790 to 1836-one volume, full law binding. Library edition, monthly volumes to Jan. 1, 1906, containing the specifications and photolithographed copies of the drawings of all patents issued during the month, certified, bound in full sheep, per volume. In half sheep, to Jan. 1, 1906, per volume. Library edition, monthly volumes, from Jan. 1, 1906, to June 30, 1912, tan duck binding. Index to patents relating to electricity, granted by the United States prior to June 30, 1882, one volume, 250 pages, bound. In paper covers. Annual appendixes for each fiscal year subsequent to June 30, 1882, paper covers. Commissioner's decisions: For 1869, 1870, and 1871, one volume, full law binding. For 1872, 1873, and 1874, one volume, full law binding. For 1875 and 1876, one volume, with decisions of United States courts in patent cases, full law binding. In paper covers. Annual volumes with decisions of United States courts, for 1877 to 1906, full law binding, per volume. In paper covers. Subsequent annual volumes, buckram binding. In paper covers. ** (R.S. 4934; 35 U.S.C. 78) 1.192 Orders for copies. An order for a copy of an assignment must give the liber and page of the record, as well as the name of the inventor; otherwise an extra charge will be made for the time consumed in making any search for such assignment.** 1.193 Copies certified by office. Any person making application therefor and paying the fee required by law will be furnished certified copies of any records, books, papers, or drawings belonging to the Patent Office, or of letters patent or certificates of registrations of trade-marks, labels, or prints, authenticated by the seal of the Patent Office and certified by the Commissioner or in his name attested by a chief of a division duly authorized by the Commissioner.** 1.194 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, or certified checks. Money orders and checks should be made payable to the "Commissioner of Patents." Money sent by mail to the Patent Office will be at the risk of the sender. Letters containing money should be registered. In no case should money be sent with models.*t 1.195 Money paid by mistake refunded. 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 a patent or for the registration of a trade-mark, or to withdraw an appeal, will not entitle a party to demand such a return.*t PUBLICATIONS 1.196 Official Gazette. The Official Gazette, a weekly publication which has been issued since 1872, takes the place of the old Patent **For statutory and source citations, see note to § 1.1. Page 53 Office Report. It contains claims of all patents issued, including reissues and designs, with portions of the drawings selected to illustrate the inventions claimed, illustrations of trade-marks published, and lists of trade-marks, prints, and labels registered. It also contains decisions rendered by the courts in patent cases and by the Commissioner of Patents, and other special matters of interest to inventors. The Gazette is furnished to subscribers at the rate of $16 per annum. When sent abroad, an additional charge is made for the payment of postage. Single copies are furnished for 35 cents. All orders and remittances for the Gazette should be sent to the Superintendent of Documents, Government Printing Office, Washington, D. C. An index is published annually, in two parts-one on patents, price, $2, and the other on trade-marks, price, 75 cents. On June 30, 1912, the publication of the monthly library edition, issued since 1872, containing the full specifications and drawings of all patents granted during the previous month, was suspended.*+ (R.S. 489; 35 U.S.C. 13) LIBRARY REGULATIONS 1.197 Removal of books, translations, and copies. Officers of the bureau and members of the examining corps only are allowed to enter the alcoves or take books from the scientific library. Books taken from this library must be entered in a register kept for the purpose, and returned on the call of the librarian. They must not be taken from the building except by permission of the Commissioner. Any book lost or defaced must be replaced by a new copy. Patentees and others doing business with the office can examine the books only in the library hall. Translations will be made only for official use. Copies or tracings from works in the library will be furnished by the office at the usual rates.*t (R.S. 486; 35 U.S.C. 10) AMENDMENTS OF THE RULES 1.198 Publication, All amendments of the Rules of the Patent Office will be published in the Official Gazette.1 *† 1.199 Questions not specifically 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 1 Amendments to the rules in this part will also be published in the Federal Register and in the supplements to this code. Page 54 **For statutory and source citations, see note to § 1.1. Sec. Correspondence PART 5-TRADE-MARKS Sec. Examination of applications 5.1 Business to be transacted in writ- 5.38 Prosecution of applications. 5.5 5.39 Merits; objections stated. 5.40 Publication in Official Gazette. Amendments 5.41 Correction of informalities. 5.42 Form. Pending applications and registered 5.43 Amendment to amendments. 5.6 Personal attendance of applicants 5.45 Papers not returned by office. 5.46 Abandonment; failure to prose 5.58 Cancelation. 5.59 Notification of cancelation. 5.60 Practice followed in opposition; cancelation proceedings. Appeals and petitions 5.61 Appeal to Commissioner. 5.62 Statement of grounds for examiner's decision. 5.63 Petition to Commissioner. 5.64 Appeal to United States Court of Customs and Patent Appeals. Abandoned applications 5.65 What constitutes abandonment. 5.69 Certificate of registration. 5.72 Duration of certificates issued on 5.76 Requisites. 5.77 Time for recording. 5.78 Certificate issued to assignee. Page 55 Sec. Copies and publications 5.79 Copies of registered trade-marks. 5.80 Copies of assignments. Sec. 5.83 Payments of money. 5.85 Refund of money paid by mistake. 5.81 Registrations listed in Official Ga- 5.86 Notice of registration. zette. 5.82 Fees. 5.87 Amendment of rules. 5.88 Questions not provided for. CROSS REFERENCES Patents: See Part 1. Prints and labels: See Part 9. Bureau of Customs regulations concerning trade-marks and trade names: See Customs Duties, 19 CFR 9.13–9.16. Indian Affairs regulations covering use of Government mark on Navajo, Pueblo, and Hopi Silver: See Indians, 25 CFR, Parts 304, 307. CORRESPONDENCE Section 5.1 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.*t *88 5.1 to 5.88, inclusive, issued under the authority contained in sec. 26, 33 Stat. 730; 15 U.S.C. 105. Additional statutory provisions applicable to particular sections are noted in parentheses at the end of such sections. In 88 5.1 to 5.88, inclusive, the numbers to the right of the decimal point correspond with the respective rule numbers in Registration of trade-marks, revised, Commissioner of Patents, July 1, 1937. 5.2 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 be returned by his direct order.** 5.3 Letters, money orders, etc. to be in the name of the Commissioner. All letters should be addressed to "The Commissioner of Patents"; and all remittance by money order, check, or draft should be to his order.** 5.4 Separate letters. A separate letter should, in every case, be written in relation to each distinct subject of inquiry or application. Complaints against examiners and other officers must be made in communications separate from other papers and will be promptly investigated.*t 5.5 Pending applications and registered trade-marks. Letters relating to pending applications should refer to the name of the applicant, the serial number of the application, and the date of filing. Letters relating to registered trade-marks should refer to the name of the registrant, the number and date of the certificate, and the merchandise to which the trade-mark is applied.*+ 5.6 Personal attendance of applicants unnecessary. The personal attendance of applicants at the Patent Office is unnecessary. Their business can be transacted by correspondence.*† Page 56 **For statutory and source citations, see note to § 5.1. 5.7 Correspondence with attorney. When an attorney shall have filed his power of attorney, duly executed, the correspondence I will be held with him.*† 5.8 Double correspondence not allowed. A double correspondence with an applicant and his attorney, or with two attorneys, can not, generally, be allowed.*t 5.9 Inquiries. The office can not undertake to respond to inquiries propounded with a view to ascertaining whether certain trademarks 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.*† 5.10 Charges to be prepaid. Express, freight, postage, and all other charges on matter sent to the Patent Office must be prepaid in full; otherwise it will not be received.*t ATTORNEYS 5.11 Appointment and registration. The owner of a trade-mark may prosecute his own application for registration of such trademark, but he is advised, unless familiar with such matters, to employ a competent attorney. The office cannot aid in the selection of an attorney. A register of attorneys is kept in the Patent Office, on which is entered the names of all persons entitled to represent applicants before the Patent Office in the prosecution of applications for patents, and any registered attorney will be recognized in the prosecution of applications for registration of trade-marks. Registration of an attorney merely for the prosecution of an application for registration of a trade-mark will not be required, but in the absence of registration recognition will be limited to each case. The Commissioner reserves the right to decline to recognize any attorney, agent, or other person authorized to be recognized by the preceding provisions of this section. Every attorney prosecuting applications for registration of trademarks shall submit to the Commissioner of Patents for approval copies of all proposed advertising matter, circulars, letters, cards, etc., intended to solicit trade-mark business, and if it be not disapproved by him and the attorney so notified within 10 days after submission, it may be considered approved. Any such attorney sending out or using any such matter, a copy of which has not been submitted to the Commissioner of Patents in accordance with this section, or which has been disapproved by the Commissioner of Patents, shall be subject to suspension or exclusion from practice before the Patent Office, or any division thereof.** CROSS REFERENCE: For regulations of the Patent Office concerning the register of attorneys, see § 1.17. 5.12 Power. Before any attorney, original or associate, will be allowed to inspect papers or take action of any kind, his power of attorney must be filed. General powers given by a principal to an **For statutory and source citations, see note to § 5.1. Page 57 |