37 CFR 2 - RULES OF PRACTICE IN TRADEMARK CASES
- § 2.1 — [Reserved]
- § 2.2 — Definitions.
- § 2.6 — Trademark fees.
- § 2.7 — Fastener recordal fees.
- — Representation by Attorneys or Other Authorized Persons
- § 2.11 — Applicants may be represented by an attorney.
- §§ 2.12-2.16 — [Reserved]
- § 2.17 — Recognition for representation.
- § 2.18 — Correspondence, with whom held.
- § 2.19 — Revocation or withdrawal of attorney.
- — Declarations
- § 2.20 — Declarations in lieu of oaths.
- — Application for Registration
- § 2.21 — Requirements for receiving a filing date.
- § 2.22 — Filing requirements for a TEAS Plus application.
- § 2.23 — Additional requirements for TEAS Plus application.
- § 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.
- — The Written Application
- § 2.31 — [Reserved]
- § 2.32 — Requirements for a complete application.
- § 2.33 — Verified statement.
- § 2.34 — Bases for filing.
- § 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 — [Reserved]
- § 2.41 — Proof of distinctiveness under section 2(f).
- § 2.42 — Concurrent use.
- § 2.43 — Service mark.
- § 2.44 — Collective mark.
- § 2.45 — Certification mark.
- § 2.46 — Principal Register.
- § 2.47 — Supplemental Register.
- § 2.48 — Office does not issue duplicate registrations.
- — Drawing
- § 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 — [Reserved]
- § 2.59 — Filing substitute specimen(s).
- — Examination of Application and Action by Applicants
- § 2.61 — Action by examiner.
- § 2.62 — Procedure for filing response.
- § 2.63 — Reexamination.
- § 2.64 — Final action.
- § 2.65 — Abandonment.
- § 2.66 — Revival of abandoned applications.
- § 2.67 — Suspension of action by the Patent and Trademark Office.
- § 2.68 — Express abandonment (withdrawal) of application.
- § 2.69 — Compliance with other laws.
- — Amendment of Application
- § 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.
- — Publication and Post Publication
- § 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.
- — Classification
- § 2.85 — Classification schedules.
- § 2.86 — Application may include multiple classes.
- § 2.87 — Dividing an application.
- — Post Notice of Allowance
- § 2.88 — Filing statement of use after notice of allowance.
- § 2.89 — Extensions of time for filing a statement of use.
- — Interferences and Concurrent Use Proceedings
- § 2.91 — Declaration of interference.
- § 2.92 — Preliminary to interference.
- § 2.93 — Institution of interference.
- §§ 2.94-2.95 — [Reserved]
- § 2.96 — Issue; burden of proof.
- § 2.97 — [Reserved]
- § 2.98 — Adding party to interference.
- § 2.99 — Application to register as concurrent user.
- — Opposition
- § 2.101 — Filing an opposition.
- § 2.102 — Extension of time for filing an opposition.
- § 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.
- — Cancellation
- § 2.111 — Filing petition for cancellation.
- § 2.112 — Contents of petition for cancellation.
- § 2.113 — Notification to parties of cancellation proceeding.
- § 2.114 — Answer.
- § 2.115 — Amendment of pleadings in a cancellation proceeding.
- — Procedure in Inter Partes Proceedings
- § 2.116 — Federal Rules of Civil Procedure.
- § 2.117 — Suspension of proceedings.
- § 2.118 — Undelivered Office notices.
- § 2.119 — Service and signing of papers.
- § 2.120 — Discovery.
- § 2.121 — Assignment of times for taking testimony.
- § 2.122 — Matters in evidence.
- § 2.123 — Trial testimony in inter partes 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 inter partes 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 on termination of proceeding.
- — Appeals
- § 2.141 — Ex parte appeals from action of trademark examining attorney.
- § 2.142 — Time and manner of ex parte appeals.
- § 2.144 — Reconsideration of decision on ex parte appeal.
- § 2.145 — Appeal to court and civil action.
- — Petitions and Action by the Director
- § 2.146 — Petitions to the Director.
- § 2.147 — [Reserved]
- § 2.148 — Director may suspend certain rules.
- — Certificate
- § 2.151 — Certificate.
- — Publication of Marks Registered Under 1905 Act
- § 2.153 — Publication requirements.
- § 2.154 — Publication in Official Gazette.
- § 2.155 — Notice of publication.
- § 2.156 — Not subject to opposition; subject to cancellation.
- — Reregistration of Marks Registered Under Prior Acts
- § 2.158 — Reregistration of marks registered under Acts of 1881, 1905, and 1920.
- — Cancellation for Failure To File Affidavit or Declaration
- § 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 continued use or excusable nonuse.
- § 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.
- — Affidavit or Declaration Under Section 15
- § 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.
- — Correction, Disclaimer, Surrender, Etc.
- § 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.
- — Term and Renewal
- § 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.
- — General Information and Correspondence in Trademark Cases
- §§ 2.188-2.189 — [Reserved]
- § 2.190 — Addresses for trademark correspondence with the United States Patent and Trademark Office.
- § 2.191 — Business to be transacted in writing.
- § 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 — Receipt of trademark correspondence.
- § 2.196 — Times for taking action: Expiration on Saturday, Sunday or Federal holiday.
- § 2.197 — Certificate of mailing or transmission.
- § 2.198 — Filing of correspondence by “Express Mail.”
- — Trademark Records and Files of the Patent and Trademark Office
- § 2.200 — Assignment records open to public inspection.
- § 2.201 — Copies and certified copies.
- — Fees and Payment of Money in Trademark Cases
- § 2.206 — Trademark fees payable in advance.
- § 2.207 — Methods of payment.
- § 2.208 — Deposit accounts.
- § 2.209 — Refunds.
Title 37 published on 2012-07-01
The following are only the Rules published in the Federal Register after the published date of Title 37.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
§ 1123 - Rules and regulations for conduct of proceedings in Patent and Trademark Office
§ 2 - Powers and duties
Title 37 published on 2012-07-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 37 CFR 2 after this date.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-07382 RIN 0651-AC81 Docket No. PTO-C-2012-0034 DEPARTMENT OF COMMERCE, Patent and Trademark Office Final rule. Effective Date: May 3, 2013. 37 CFR Parts 1, 2, 7, 10, 11 and 41 The United States Patent and Trademark Office (Office or USPTO) is adopting the new USPTO Rules of Professional Conduct (USPTO Rules), which are based on the American Bar Association's (ABA) Model Rules of Professional Conduct (ABA Model Rules), which were published in 1983, substantially revised in 2003 and updated through 2012. The Office has also revised the existing procedural rules governing disciplinary investigations and proceedings. These changes will enable the Office to better protect the public while also providing practitioners with substantially uniform disciplinary rules across multiple jurisdictions.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-25355 RIN 0651-AC81 Docket No. PTO-C-2012-0034 DEPARTMENT OF COMMERCE, United States Patent and Trademark Office Notice of proposed rulemaking. To be ensured of consideration, written comments must be received on or before December 17, 2012. 37 CFR Parts 1, 2, 7, 10, 11 and 41 The United States Patent and Trademark Office (Office or USPTO) proposes to align the USPTO's professional responsibility rules with those of most other U.S. jurisdictions by replacing the current Patent and Trademark Office Code of Professional Responsibility, adopted in 1985, based on the 1980 version of the Model Code of Professional Responsibility of the American Bar Association (“ABA”), with new USPTO Rules of Professional Conduct, which are based on the Model Rules of Professional Conduct of the ABA, which were published in 1983, substantially revised in 2003 and updated through 2011. Changes approved by the ABA House of Delegates in August 2012 have not been incorporated in these proposed rules. The Office also proposes to revise the existing procedural rules governing disciplinary investigations and proceedings.