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Title 37
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Part 2
FEDERAL · 37 CFR
Part 2 — Rules of Practice in Trademark Cases
159 sections · Title 37: Patents, Trademarks, and Copyrights
§ 2.1
§ 2.1 [Reserved]
§ 2.2
Definitions.
§ 2.6
Trademark fees.
§ 2.7
Fastener recordal fees.
§ 2.11
Requirement for representation.
§ 2.12-2.16
§§ 2.12-2.16 [Reserved]
§ 2.17
Recognition for representation.
§ 2.18
Correspondence, with whom held.
§ 2.19
Revocation or withdrawal of attorney.
§ 2.20
Declarations in lieu of oaths.
§ 2.21
Requirements for receiving a filing date.
§ 2.22
Requirements for a base application.
§ 2.23
Requirement to correspond electronically with the Office and duty to monitor status.
§ 2.24
Designation and revocation of domestic representative by foreign applicant.
§ 2.25
Documents not returnable.
§ 2.27
Pending trademark application index; access to applications.
§ 2.31
§ 2.31 [Reserved]
§ 2.32
Requirements for a complete trademark or service mark application.
§ 2.33
Verified statement for a trademark or service mark.
§ 2.34
Bases for filing a trademark or service mark application.
§ 2.35
Adding, deleting, or substituting bases.
§ 2.36
Identification of prior registrations.
§ 2.37
Description of mark.
§ 2.38
Use by predecessor or by related companies.
§ 2.39
§ 2.39 [Reserved]
§ 2.41
Proof of distinctiveness under section 2(f).
§ 2.42
Concurrent use.
§ 2.43
Service mark.
§ 2.44
Requirements for a complete collective mark application.
§ 2.45
Requirements for a complete certification mark application; restriction on certification mark application.
§ 2.46
Principal Register.
§ 2.47
Supplemental Register.
§ 2.48
Office does not issue duplicate registrations.
§ 2.51
Drawing required.
§ 2.52
Types of drawings and format for drawings.
§ 2.53
Requirements for drawings filed through the TEAS.
§ 2.54
Requirements for drawings submitted on paper.
§ 2.56
Specimens.
§ 2.57-2.58
§§ 2.57-2.58 [Reserved]
§ 2.59
Filing substitute specimen(s).
§ 2.61
Action by examiner.
§ 2.62
Procedure for submitting response.
§ 2.63
Action after response.
§ 2.64
Reinstatement of applications and registrations abandoned, cancelled, or expired due to Office error.
§ 2.65
Abandonment.
§ 2.66
Revival of applications abandoned in full or in part due to unintentional delay.
§ 2.67
Suspension of action by the Patent and Trademark Office.
§ 2.68
Express abandonment (withdrawal) of application.
§ 2.69
Compliance with other laws.
§ 2.71
Amendments to correct informalities.
§ 2.72
Amendments to description or drawing of the mark.
§ 2.73
Amendment to recite concurrent use.
§ 2.74
Form and signature of amendment.
§ 2.75
Amendment to change application to different register.
§ 2.76
Amendment to allege use.
§ 2.77
Amendments between notice of allowance and statement of use.
§ 2.80
Publication for opposition.
§ 2.81
Post publication.
§ 2.82
Marks on Supplemental Register published only upon registration.
§ 2.83
Conflicting marks.
§ 2.84
Jurisdiction over published applications.
§ 2.85
Classification schedules.
§ 2.86
Multiple-class applications.
§ 2.87
Dividing an application.
§ 2.88
Statement of use after notice of allowance.
§ 2.89
Extensions of time for filing a statement of use.
§ 2.91
Petition for expungement or reexamination.
§ 2.92
Institution of ex parte expungement and reexamination proceedings.
§ 2.93
Expungement and reexamination procedures.
§ 2.94
Action after expungement or reexamination.
§ 2.95-2.98
§§ 2.95-2.98 [Reserved]
§ 2.99
Application to register as concurrent user.
§ 2.101
Filing an opposition.
§ 2.102
Extension of time for filing an opposition.
§ 2.103
§ 2.103 [Reserved]
§ 2.104
Contents of opposition.
§ 2.105
Notification to parties of opposition proceeding(s).
§ 2.106
Answer.
§ 2.107
Amendment of pleadings in an opposition proceeding.
§ 2.111
Filing petition for cancellation.
§ 2.112
Contents of petition for cancellation.
§ 2.113
Notification of cancellation proceeding.
§ 2.114
Answer.
§ 2.115
Amendment of pleadings in a cancellation proceeding.
§ 2.116
Federal Rules of Civil Procedure.
§ 2.117
Suspension of proceedings.
§ 2.118
Undelivered Office notices.
§ 2.119
Service and signing.
§ 2.120
Discovery.
§ 2.121
Assignment of times for taking testimony and presenting evidence.
§ 2.122
Matters in evidence.
§ 2.123
Trial testimony in <em>inter partes</em> cases.
§ 2.124
Depositions upon written questions.
§ 2.125
Filing and service of testimony.
§ 2.126
Form of submissions to the Trademark Trial and Appeal Board.
§ 2.127
Motions.
§ 2.128
Briefs at final hearing.
§ 2.129
Oral argument; reconsideration.
§ 2.130
New matter suggested by the trademark examining attorney.
§ 2.131
Remand after decision in <em>inter partes</em> proceeding.
§ 2.132
Involuntary dismissal for failure to take testimony.
§ 2.133
Amendment of application or registration during proceedings.
§ 2.134
Surrender or voluntary cancellation of registration.
§ 2.135
Abandonment of application or mark.
§ 2.136
Status of application or registration on termination of proceeding.
§ 2.141
Ex parte appeals.
§ 2.142
Time and manner of <em>ex parte</em> appeals.
§ 2.143
§ 2.143 [Reserved]
§ 2.144
Reconsideration of decision on <em>ex parte</em> appeal.
§ 2.145
Appeal to court and civil action.
§ 2.146
Petitions to the Director.
§ 2.147
Petition to the Director to accept a paper submission.
§ 2.148
Director may suspend certain rules.
§ 2.149
Letters of protest against pending applications.
§ 2.151
Certificate.
§ 2.153
Publication requirements.
§ 2.154
Publication in <em>Official Gazette.</em>
§ 2.155
Notice of publication.
§ 2.156
Not subject to opposition; subject to cancellation.
§ 2.158
Reregistration of marks registered under Acts of 1881, 1905, and 1920.
§ 2.160
Affidavit or declaration of continued use or excusable nonuse required to avoid cancellation of registration.
§ 2.161
Requirements for a complete affidavit or declaration of use in commerce or excusable nonuse; requirement for the submission of additional information, exhibits, affidavits or declarations, and specimens; and fee for deletions of goods, services, and/or classes from a registration.
§ 2.162
Notice to registrant.
§ 2.163
Acknowledgment of receipt of affidavit or declaration.
§ 2.164
Correcting deficiencies in affidavit or declaration.
§ 2.165
Petition to Director to review refusal.
§ 2.166
Affidavit of continued use or excusable nonuse combined with renewal application.
§ 2.167
Affidavit or declaration under section 15.
§ 2.168
Affidavit or declaration under section 15 combined with affidavit or declaration under sections 8 or 71, or with renewal application.
§ 2.171
New certificate on change of ownership.
§ 2.172
Surrender for cancellation.
§ 2.173
Amendment of registration.
§ 2.174
Correction of Office mistake.
§ 2.175
Correction of mistake by owner.
§ 2.176
Consideration of above matters.
§ 2.177
Action on court order under section 37.
§ 2.181
Term of original registrations and renewals.
§ 2.182
Time for filing renewal application.
§ 2.183
Requirements for a complete renewal application.
§ 2.184
Refusal of renewal.
§ 2.185
Correcting deficiencies in renewal application.
§ 2.186
Petition to Director to review refusal of renewal.
§ 2.188
§§ 2.188 [Reserved]
§ 2.189
Requirement to provide domicile address.
§ 2.190
Addresses for trademark correspondence with the United States Patent and Trademark Office.
§ 2.191
Action of the Office based on the written record.
§ 2.192
Business to be conducted with decorum and courtesy.
§ 2.193
Trademark correspondence and signature requirements.
§ 2.194
Identification of trademark application or registration.
§ 2.195
Filing date of trademark correspondence.
§ 2.196
Times for taking action: Expiration on Saturday, Sunday or Federal holiday.
§ 2.197
Certificate of mailing.
§ 2.198
Filing of correspondence by Priority Mail Express®.
§ 2.200
Assignment records open to public inspection.
§ 2.201
Copies and certified copies.
§ 2.206
Trademark fees payable in advance.
§ 2.207
Methods of payment.
§ 2.208
Deposit accounts.
§ 2.209
Refunds.