For the search, 1 hour or less, and certificate___. 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 writ- For abstracts of title: $15.00 15.00 .10 .50 .20 .50 .20 3.00 1.00 .50 3.00 1.00 3.00 For title reports required for office use_- For certificate that trade-mark has not been registered-search and certificate (for deposit in foreign countries only). For each brief from the digest of assignments of 200 words or less__ 1.50 .50 .10 1.50 1.00 .10 .50 .50 .50 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) 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.*† (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 **For statutory and source citations, see note to § 5.1. 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.*+ Sec. PART 9-PRINTS AND LABELS Correspondence Sec. 9.22 Refusal of registration. 9.1 Business to be transacted in writ- 9.23 Merits and objections. ing. 9.2 Decorum and courtesy. Amendments 9.24 Correction of informalities. 9.3 Letters and remittances to be in 9.25 Definite instructions. name of Commissioner. 9.4 Separate letters. 9.5 Pending applications; registered prints and labels. 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 paid. Attorneys 9.11 Employment of attorney. 9.12 Power of attorney. 9.13 Substitution. 9.14 Revocation. 9.15 Gross misconduct. 9.26 Jurisdiction after allowance. 9.28 Definition of "print.” 9.31 Adverse decisions reviewed by Issue, date, and duration of certificate 9.32 Issuance. 9.33 Duration. 9.34 Renewal. Assignments 9.35 Requisites and form. Copies and publications Registration of prints and labels 9.36 Payment of fee. 1 Amendments to the rules in this part will also be published in the Federal Register and in the supplements to this code. Page 74 **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.*t 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.*t 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 Idate 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.*† 9.8 Double correspondence not allowed. A double correspondence with an applicant and his attorney, or with two attorneys, can not generally be allowed.** So, 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 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] 9.10 Express charges, etc., 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 9.11 Employment of attorney. An applicant may prosecute his own case, but he is advised, unless familiar with such matters, to employ a competent attorney. The office cannot aid in the selection of any attorney.** 9.12 Power of attorney. 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. But general powers given by a principal to an associate can not be considered. In each application the written authorization must be filed. A power of attorney purporting to have been given to a firm or copartnership will not be recognized, either in favor of the firm or any of its members, unless all its members shall be named in such power of attorney.*f 9.13 Substitution. Substitution or association can be made by an attorney upon the written authorization of his principal; but such authorization will not empower the second attorney to appoint a third.** 9.14 Revocation. Powers of attorney may be revoked at any stage in the proceedings of a case upon application to and approval by the Commissioner; and when so revoked the office will communicate directly with the applicant, or such other attorney as he may appoint. An attorney will be promptly notified by the docket clerk of the revocation of his power of attorney.** 9.15 Gross misconduct. For gross misconduct the Commissioner may refuse to recognize any person as an attorney, either general or in any particular case; but the reasons for such refusal will be duly recorded and be subject to the approval of the Secretary of Commerce.*† REGISTRATION OF PRINTS AND LABELS 9.16 Who may register. (a) The author or proprietor of any print or label, or his executors, administrators, or assigns, who is a citizen of the United States. (b) An alien author or proprietor of any print or label, or his executors, administrators, or assigns, only as provided by section 8 of the Copyright Act approved March 4, 1909 (35 Stat. 1077; 17 U.S.C. 8). Any person to whom an author, who has the privilege of copyright in the United States, has transferred his copyright can apply for and obtain a copyright entry as a proprietor.*t THE APPLICATION 9.17 Addressee and signer. To entitle the author or proprietor of any such print or label or his executors, administrators, or assigns Page 76 *For statutory and source citations, see note to § 9.1. to register the same in the Patent Office, the application for registration thereof must be made to the Commissioner of Patents, and the said application should be signed by the author or proprietor, or by his executors, administrators, or assigns, or for the author or proprietor by duly authorized agent.*+ 9.18 Requisites and form. A complete application_comprises(a) A statement addressed to the Commissioner of Patents, disclosing applicant's name, citizenship, residence, and place of doing business; whether author, proprietor, or executors, administrators, or assigns of the author or proprietor; and, if proprietor, a disclosure of the citizenship of the author, the title or the print or label, and the name of the article of manufacture for which the print or label is to be used. (b) Five copies of the print or label; if the print or label is unwieldy at least two originals and five photographic copies. (c) A fee of $6. (d) A statement of the date when the print or label was first published with notice of copyright.*+ 9.19 Title. The title of the print or label must appear on the copies filed.*+ 9.20 Pending applications preserved in secrecy. Pending applications are preserved in secrecy, and no information will be given without authority of the applicant respecting the filing of an application for the registration of a print or label by any person, or the subject matter thereof, unless it shall, in the opinion of the Commissioner, be necessary to the proper conduct of business before the office.*t EXAMINATION OF APPLICATIONS 9.21 Novelty not questioned. The so-called print and label section of the copyright statute, approved June 18, 1874 (18 Stat. 79; 17 U.S.C. 63), is construed to provide for the registration of any print or label without examination as to its novelty.*+ 9.22 Refusal of registration. All applications for registration are considered in the first instance by the examiner. Whenever, on examination of an application, registration is refused for any reason whatever, the applicant will be notified thereof. The reasons for such rejection will be stated, and such information will be given as may be useful in aiding the applicant to judge of the propriety of further prosecuting his application.*+ 9.23 Merits and objections. The examination of an application and the action thereon will be directed throughout to the merits, but in each letter the examiner shall state or refer to all his objections.*+ AMENDMENTS 9.24 Correction of informalities. The application may be amended to correct informalities or to avoid objections made by the office, or for other reasons arising in the course of examination; and if the copies of the prints or labels furnished are for any reason not **For statutory and source citations, see note to § 9.1. Page 77 |