37 CFR Subchapter

PART 1 - RULES OF PRACTICE IN PATENT CASES
Editorial Note:
Part 1 is placed in the separate grouping of parts pertaining to patents regulations.
TRADEMARKS
INDEX II - RULES RELATING TO TRADEMARKS
Editorial Note:
This listing is provided for information purposes only. It is compiled and kept up-to-date by the Department of Commerce. This index is updated as of July 1, 2018.
Section
A
Abandonment of application or mark:
During inter partes proceeding
2.135
Express abandonment
2.68
For failure to respond or to respond completely to official action
2.65(a)
For failure to timely file a statement of use
2.65(c)
Revival of abandoned application
2.66
Acceptance of affidavit under sec. 8
2.163
Access:
To applications, and all proceedings relating thereto, after publication or registration
2.27(d)
To applications prior to publication
2.27(b)
To assignment records
2.200
To decisions of Director and the Trademark Trial and Appeal Board
2.27(c)
To materials filed under seal pursuant to a protective order
2.27(e); 2.126(c)
To pending trademark application index
2.27(a)
Acknowledgment of receipt of affidavit or declaration:
Filed under sec. 8
2.163
Filed under sec. 71
7.39
Act, The, defined
2.2(a)
Action by assignee of record or owner
3.71(d), 3.73
Action by Examiner on application
2.61
Adding party to an interference
2.98
Address for correspondence with U.S. Patent and Trademark Office
2.190
Additional specimens:
Bases for filing
2.34(a)(1)(iv)
Specimens
2.56(a)
Action by examiner
2.61(b)
Amendment to allege use
2.76(b)(2)
Application may include multiple clases
2.86(a)(3), (b)
Filing statement of use after notice of allowance
2.88(a)(1)(b)(2)
Requirements for a complete affidavit or declaration of continued use or excusable nonuse
2.161(g), (h)
Amendment of registration
2.173(b)(3), (4)
Requirements for a complete affidavit or declaration of use in commerce or excusable nonuse
7.37(g), (h)
Admissions, request for (discovery):
Motion to determine sufficiency of response
2.120(hi)
Numerical limit on
2.120(i)
Timing of
2.120(a)
Use of admission
2.120(jk)
When to file copy of request with Trademark Trial and Appeal Board
2.120(jk)(8)
Advertising by attorneys and others, restricted
11.702
Affidavit or declaration:
Claiming benefits of Act of 1946 under sec. 12(c)
2.153
Combined secs. 8 and 15
2.168(a)
Combined secs. 9 and 15
2.168(b)
For incontestability under sec. 15
2.167
Of use in commerce or excusable nonuse under sec. 8
2.160-166
Of use in commerce or excusable nonuse under sec. 71
7.36-7.40
Reconsideration of, under sec. 8
2.163-2.165
Reconsideration of, under sec. 71
7.39, 7.40
Testimony in inter partes proceeding
2.122(b)(2), 2.123(a)
To avoid cancellation of registration under sec. 8
2.160-2.166
To avoid cancellation of registration under sec. 71
7.36-7.40
Agent. (See Attorneys and other representatives)
Allegations in application or registration not evidence on behalf of applicant or registrant in inter partes proceeding
2.122(b)(2)
Allowance, notice of
2.81(b), 2.88
Amendment of application:
After final action
2.64(b)
After publication
2.35(b)(2), 2.84(b)
Between notice of allowance and statement of use
2.77
Description or drawing of mark
2.72
Form of amendment
2.74
Involved in inter partes proceedings
2.133
To allege use
2.76
To change to different register
2.75
To correct informalities
2.71
To seek concurrent use registration
2.73
Amendment of pleadings in inter partes proceedings:
Cancellation
2.115
Opposition
2.107
Amendment of registration:
During inter partes proceedings
2.133
Requirements for, in general
2.173
Amendment to allege use
2.76
Amendments to description or drawing of mark after filing
2.72(b)
Correction of deficiency in
2.76(g)
Fee for filing
2.6(a)(18)
Filed during final action response period
2.64(c)
Minimum requirements for filing
2.76(e)
Requirements for
2.76(b)
Time for filing
2.76(a)
Withdrawal of
2.76(h)
Answer to pleadings in opposition and cancellation proceedings
2.106, 2.114
Contents of answer.
2.106(b)(21), 2.114(b)(21)
Corresponds to answer in court proceeding
2.116(c)
Counterclaim
2.106(b)(32), 2.114(b)(32)
Failure to timely answer
2.106(a), 2.114(a)
Answer to notice instituting concurrent use proceeding
2.99(d)
Failure to answer
2.99(d)(3)
Who needs to answer and when
2.99(d)(2)
Appeal to Court and civil action
2.145
Appeal to Court from decision of Director
2.145
Appeal to Court from decision of Trademark Trial and Appeal Board
2.145
Appeal to U.S. Court of Appeals for the Federal Circuit
2.145(a)
Civil action
2.145(c)
Extensions of time to appeal
2.145(e)
Notice of appeal to Court
2.145(c)(43)
Notice of appeal to U.S. Court of Appeals for the Federal Circuit
2.145(ba)(2), (3)
Notice of election by appellee to proceed by civil action after appeal to U.S. Court of Appeals for the Federal circuit
2.145(cb)(32)
Time for appeal or civil action
2.145(d)
Appeal to Trademark Trial and Appeal Board:
Appropriate response to final refusal or second refusal on the same grounds
2.64(a), 2.141
Briefs on appeal
2.142(b)
Compliance with requirements not on appeal
2.142(c)
Failure of appellant to file brief
2.142(b)(1)
Introduction of new evidence after filing of appeal
2.142(d)
Oral hearing on appeal
2.142(e)
Reconsideration of decision on appeal
2.144
Remand to Examiner re new issue prior to decision
2.142(f)
Reopening of examination of application after decision on appeal
2.142(g)
Time and manner of filing appeal
2.142(a)
Applicant:
Foreign
2.24, 2.34(a)(3)
May be represented by an attorney
2.11
Name of
2.21(a)(1), 2.32(a)(2)
Signature and oath or declaration
2.33
Application for registration
2.21-2.47
Access to pending applications
2.27
Amendment of. See Amendment of application.
Basis for filing
2.34, 2.35
Certification mark
2.45
Collective mark
2.44
Color claim in
2.52(b)(1)
Concurrent use
2.42, 2.73, 2.99
Conflicting marks, co-pending applications for
2.83
Description of mark
2.37
Different classes may be combined
2.86
Dividing of applications
2.87
Drawing required
2.51
Extension of protection of international registration to United States
7.25-7.41
Filing-date requirements
2.21
Form of application
2.32-2.47
For international registration. See International registration, application for
Must be in English
2.32(a)
Principal Register
2.46
Priority claim based on foreign application
2.34(a)(4), 7.27
Prior registrations should be identified
2.36
Requirements for drawings
2.52-2.54
Requirements for written application
2.32-2.34
Service mark
2.43
Signature of
2.32(b), 2.33
Specimens filed with
2.56, 2.59
Supplemental Register
2.47
Verification of
2.32(b), 2.33
Assignee:
Certificate of registration may be issued to
3.85
New certificate of registration may be issued to
2.171
Not domiciled in U.S.
3.61
Right to take action when assignment is recorded or proof of assignment has been submitted
3.71(d), 3.73
Assignment of registered marks or marks subject to pending applications
3.1-3.85, 7.23
Cover sheet required to record
3.28, 3.31
Effect of recording
3.54
Electronically filed requests to record
3.25(c)(1), 3.31(a)(7)
Extension of protection of international registration to U.S., assignment of
7.22, 7.23
Original documents should not be submitted for recordation
3.25, 3.34(b)
Recording fees
3.41
Recording in U.S. Patent and Trademark Office of assignments or other instruments relating to such marks
3.11
Recording of changes to International registrations or applications not applicable
7.22
Records open to public inspection
2.200, 2.201
Requirements for recording
3.25-3.31, 3.41
Assignment of trial dates in inter partes proceedings
2.120(a), 2.121
Consolidated proceedings
2.121(b)(2)
Counterclaim
2.121(b)(2)
Discovery period
2.120(a)
Extending, Rescheduling
2.120(a), 2.121(a) (c), (d)
Testimony periods
2.121
Trial order mailed with notice of institution
2.120(a)
Attorney conflict of interest
2.61(c), 11.107, 11.108, 11.111
Attorneys and other representatives
2.11, 2.17-2.19, 2.119(d)
Attorneys fees:
Unavailable
2.127(f)
Authentication of copies of assignment records
2.200(a)(2)
B
Basis for filing an application
2.34, 2.35
Bona fide intention to use
2.34(a)(2), 2.34(a)(3)(i), 2.34(a)(4)(B)(ii), 2.89(a)(3), 2.89(b)(3)
Briefs:
At final hearing in inter partes case
2.128
Failure of appellant to file brief on appeal
2.142(b)(1)
Failure of inter partes plaintiff to file brief at final hearing
2.128(a)(3)
Failure to file brief on inter partes motion
2.127(a)
On appeal to Trademark Trial and Appeal Board
2.142(b)
On motions in inter partes cases
2.127(a), (e)(1)
On petitions to Director
2.146(c), (e)
Burden of proof in an interference
2.96
Business with U.S. Patent and Trademark Office to be conducted with decorum and courtesy
2.192
Business with U.S. Patent and Trademark Office transacted in writing
2.191
C
Cancellation of registrations (See also International Registration, cancellation of):
By cancellation proceeding; pleadings and procedure
2.111
(See also Petition for Cancellation)
By registrant
2.134, 2.172
For failure to file affidavit or declaration of use under sec. 8
2.160-2.166
For failure to file affidavit or declaration of use under sec. 71
7.36-7.40
During cancellation proceeding
2.134(b)
Cases not specifically defined in rules, petition to the Director
2.146(a)(4)
Certificate of correction of registration
2.174, 2.175
Certificate of mailing by first class mail
2.197
Certificate of registration:
As evidence in inter partes proceeding
2.122(b), (d), (e)
Contents
2.151
In Registered extension of protection of international registration to United States
7.28
Issuance of new certificate to assignee
2.171
When and how issued
2.81, 2.82, 2.151
Certificate of transmission
2.197
Certification mark
2.45, 2.56(a)(5)
Certification of international application
7.13
Certified copies of registrations and records
2.201
Citizenship of applicant
2.32(a)(3)
Civil action:
From decision of Director
2.145(c)
From decision of Trademark Trial and Appeal Board
2.145(c)
Notice of election by appellee to proceed by civil action after appeal to U.S. Court of Appeals for the Federal Circuit
2.145(cb)(32)
Notice to Trademark Trial and Appeal Board of election to commence civil action for review of Board decision
2.145(c)(43)
Suspension of action in application pending outcome
2.67
Suspension of inter partes proceedings pending outcome
2.117
Time for commencing civil action from decision of Director or Trademark Trial and Appeal Board
2.145(d)(3)
Waiver of right to proceed by civil action in ex parte case
2.145(cb)(21)
Civil Procedure, Federal Rules of, applied to inter partes proceedings
2.116(a), 2.120(a), 2.122(a)
Claim of benefits of Act of 1946 for marks registered under prior Acts
2.153-2.156
Classification of goods and services
2.85
Application limited to single class
2.86(a)
Combined applications
2.86
Schedules of classes
6.1-6.4
Collective mark
2.44, 2.56(a)(3)
Color claim:
In application for registration in United States
2.52(b)(1)
In application for international registration
7.11(a)(4), 7.12
Combined applications
2.86
Combined inter partes proceedings:
Cancellation
2.112(b)
Opposition
2.104(b)
Commencement of cancellation
2.111(a)
Commencement of opposition
2.101(a)
Communication with attorney or other representative
2.18
Complaints against U.S. Patent and Trademark Office employees
2.192
Compliance of applicant with other laws
2.69
Compliance with discovery order of Trademark Trial and Appeal Board
2.120(gh)
Compulsory counterclaim
2.106(b)(32)(i), 2.114(b)(32)(i)
Concurrent use registration
2.42, 2.99
Amendment to seek
2.73
Answer to notice of concurrent use proceeding, by whom and when
2.99(d)
Application requirements
2.42
Based upon court determination
2.99(f)
Burden of proving entitlement to
2.99(e)
Consideration and determination by Trademark Trial and Appeal Board
2.99(h), 2.133(c)
Examination by Examiner
2.99(a), (b)
Intent-to-use applications, when subject to
2.73. 2.99(g)
Mark must first be published for opposition purposes
2.99(b)
Notice of concurrent use proceeding
2.99(c), (d)
Registrations and applications to register on Supplemental Register and registrations under Act of 1920 not subject to
2.99(g)
Request to divide application during concurrent use proceeding
2.87(c)(1)
Conduct of practitioners
11.101-11.901
Conference, pre-trial, in inter partes cases
2.120(ij)(2)
Conference, telephone, in inter partes cases
2.120(ij)(1)
Confidential matters
2.27(e), 2.125(ef), 2.116(g), 2,126(c)
Conflict of interest, attorney
2.61(c), 11.107, 11.108, 11.111
Conflicting marks, co-pending applications for
2.83, 2.91
Consent of applicant or authorized representative to withdrawal of opposition after answer
2.106(c)
Consent of opposer to abandonment of application or mark
2.135
Consent of petitioner to surrender or voluntary cancellation of registration
2.134
Consent of registrant or authorized representative to withdrawal of cancellation after answer
2.114(c)
Consolidated inter partes proceedings:
Filing consolidated petition to cancel
2.112(b)
Filing consolidated opposition
2.104(b)
Times for filing briefs
2.128(a)(2)
Times for taking testimony
2.121(b)(2)
Constructive use, entry of judgment subject to establishment of in inter partes proceedings
2.129(d)
Contested or inter partes case procedures
2.116-2.136 et seq.
Copies of registrations and records
2.6(b), 2.201
Correction of informalities by amendment
2.71
Correction of mistake in certificate of registration:
Mistake by U.S. Patent and Trademark Office
2.174
Mistake by registrant
2.175
Mistake in international registration
7.22
Correspondence, addresses for
2.190, 7.4
Correspondence, with whom held
2.18, 2.24, 2.119(d)
Counterclaim in opposition and cancellation
2.106(b)(32), 2.114(b)(32)
Court determination as basis for concurrent use registration
2.99(f)
Courtesy and decorum in dealing with U.S. Patent and Trademark Office
2.192
Court of Appeals for the Federal Circuit, U.S., appeal to
2.145
D
Date of first use and first use in commerce:
Amendment of
2.71(c)
Required in amendment to allege use
2.76(b)(1)(iii), (c)
Required in statement of use
2.88(b)(1)(iii), (c)
Required in use applications under sec. l(a)
2.34(a)(1)(ii) and (iii)
Date of use allegation in application or registration not evidence on behalf of applicant or registrant in inter partes case
2.122(b)(2)
Declaration in lieu of oath or verification
2.20
Declaration of interference
2.91
Default judgment for failure to offer evidence in inter partes proceeding
2.132(a)
Delay in responding to official action
2.66
Deposit accounts for paying fees
2.208
Depositions, discovery, in inter partes cases:
Domestic party
2.120(b)
Foreign party or representative
2.120(c)
Motion to compel attendance
2.120(ef)
Nonparty
2.120(b)
Time for taking
2.120(a)
Use of
2.120(jk)
When to file with Trademark Trial and Appeal Board
2.120(jk)(8)
Depositions, discovery or trial testimony, upon written questions
2.124
Depositions, trial testimony
2.123
Before whom taken
2.123(d)
Certification and filing
2.123(f)
Corresponds to the trial in court proceedings
2.116(e)
Effect of errors and irregularities
2.123(ji)
Examination of witnesses
2.123(e)
Filing and service of testimony transcript
2.123(f)(2), 2.125
Form of depositions
2.123(g)
Inspection of depositions
2.27(d), 2.123(i)
Manner of taking
2.123(a)
Must be filed
2.123(h)
Notice of taking
2.123(c)
Protective order relating to transcript or exhibits
2.125(fe)
Raising of objections
2.123(e), (ji), (kj)
Stipulations concerning
2.123(b)
Taken in foreign country
2.123(a)(2)
Timing
2.121
Description of mark in application
2.37, 2.52(b)(5)
Amendment to
2.72
Designation of representative by foreign applicant, registrant, or party:
Application
2.24
Assignment
3.61
In inter partes proceeding
2.119(d)
Director of United States Patent and Trademark Office:
May suspend certain rules
2.146(a), 2.148
Petition to
2.146
Disciplinary Proceedings
11.19 -11.62
Disclaimer:
During inter partes cases
2.133
In part, of registered mark
2.173
Disclosures:
Expert disclosures
2.120(a)(2)(iii)
Failure to make
2.120(ef)
Filing with Board
2.120(jk)(5), (8)
Initial disclosures
2.120(a)(2), (3)
Motion to compel
2.120(ef)
Protective order
2.120(gf)
Sanctions
2.120(gh)(2)
Discovery depositions. See Depositions, discovery, in inter partes cases.
Discovery procedure
2.120
Automatic disclosure and discovery provisions of Federal Rules of Civil Procedure applicable
2.120(a)
Discovery conference
2.120(a)
Discovery deposition of domestic party
2.120(b)
Discovery deposition of foreign party
2.120(c)
Discovery provisions of Federal Rules of Civil Procedure apply except as otherwise provided
2.120(a)
Electronically stored information
2.120(e), (f)
Failure to comply with discovery order of Trademark Trial and Appeal Board
2.120(gh)
Interrogatories
2.120(d)(1)
Motion for order to compel discovery
2.120(d)(1), 2.120(ef)
Motion for a protective order
2.120(fg)
Place of production of documents and things
2.120(de)(2)
Pre-trial conference
2.120(ij)(2)
Proceeding suspended pending decision on motion to compel
2.120(ef)(2)
Request for admissions
2.120(hi)
Sanctions for failure to comply with discovery order of Trademark Trial and Appeal Board
2.120(gh)
Telephone conference
2.120(ij)(1)
Time for discovery
2.120(a)
Use of discovery deposition, answer to interrogatory, or admission
2.120(jk)
When to file discovery materials with Trademark Trial and Appeal Board
2.120(jk)(8)
Dismissal:
For failure to file brief on appeal to Trademark Trial and Appeal Board
2.142(b)(1)
For failure to take testimony or offer other evidence in inter partes case
2.132
Distinctiveness under sec. 2(f), proof of
2.41
Dividing an application
2.87
Dividing a registration
2.171(b)
Domestic representative of foreign applicant, registrant, or party:
Application
2.24
Assignment
3.61
In inter partes proceeding
2.119(d)
Domicile of applicant
2.32(a)(3)
Drawing
2.51-2.54
Amendment to mark in
2.72
Color in
2.52(b)(1)
Drawings required
2.51
Electronically filed
2.52(c), 2.53
Paper
2.54
Requirements for drawing
2.52-2.54
Standard character drawing
2.52(a)
Typed drawing. See Standard character drawing
Duplicate registrations, Office does not issue
2.48
Duration of registration:
Cancellation for failure to file affidavit or declaration of use under sec. 8
2.160
Cancellation for failure to file affidavit or declaration of use under sec. 71
7.36
Renewal
2.181-2.186, 7.41
Term of original registrations and renewals
2.181
E
Electronic filing with Trademark Trial and Appeal Board
2.126(ab), 2.191
Electronically stored information, discovery of
2.120(e), (f)
Emergencies or interruptions in United States Postal Service
2.195(e)
“Entity”, defined
2.2(b)
Entry of judgment, in inter partes proceeding, subject to establishment of constructive use
2.129(d)
Evidence in ex parte appeal after notice of appeal
2.142(d)
Evidence in inter partes proceeding
2.122-2.125
Affidavit and declaration testimonys, stipulated testimony, and stipulated facts
2.123(a)(b)
Allegations of use and specimens in applications and registrations
2.122(b)(2)
Discovery responses
2.120(jk)
Exhibits attached to pleadings
2.122(c)
Files of applications or registrations which are subject matter of proceeding
2.122(b)(1)
Official records
2.122(e)
Printed publications
2.122(e)
Registration owned by any party to proceeding
2.122(d)(2)
Registration pleaded by opposer or petitioner
2.122(d)(1)
Rules of evidence
2.122(a)
Stipulated facts
2.123(b)
Testimony by affidavit or declaration
2.123(a)
Testimony from other proceedings between parties
2.122(f)
Testimony upon oral examination
2.123
Testimony upon written questions
2.124
Evidence of distinctiveness
2.41
Examination of applications
2.61
Examination of witnesses in inter partes proceeding
2.123(e)
Examiner's appearance at ex parte appeal oral hearing
2.142(e)(2)
Examiner's brief on appeal
2.142(b)
Examiner's jurisdiction over an application
2.84
Exhibits attached to pleadings as evidence
2.122(c)
Forwarded to defendant by Trademark Trial and Appeal Board
2.105, 2.113
Exhibits, testimony, filing and service of
2.125
Ex parte appeal. (See Appeal to Trademark Trial and Appeal Board)
Ex parte matter disclosed but not tried in inter partes case
2.131
Express abandonment of application or mark:
During examination procedure
2.68
During inter partes proceeding
2.135
“ExpressMail” procedure for filing of papers and fees
2.198
Express surrender or cancellation of registration:
During inter partes proceeding
2.134
Requirements for
2.172
Extension of protection of international registration to United States
7.25-7.41
Affidavit of continued use or excusable nonuse required after registration
7.36-7.40
Assignment of
7.23
Basis for registration
2.34(a)(5), 2.35(a)
Certificate of registration
2.151, 7.28
Definitions of terms
7.1
Effect of cancellation or expiration of international registration
7.30
Filing date
7.26
Not registrable on Supplemental Register
2.47(c), 2.75(c)
Part 2 rules applicable
7.25(a)
Part 3 rules do not apply
7.22
Priority claim
7.27
Renewal
7.41
Registered extension of protection cannot be amended under Section 7 of the Act
7.25(a)
Replacement of U.S. registration by
7.28, 7.29
Trademark Rules of Practice applicable to
7.25
Transformation to U.S. application
2.195(d)(5), 7.31
Extension of time for discovery and testimony
2.120(a), 2.121(a), (c), (d)
Extension of time for filing opposition
2.6(a)(22)-(23); 2.102
Extension of time for filing statement of use
2.89
Fee for filing request for
2.6(a)(22), (23)
Good cause showing, when necessary
2.89(b)(4), (d)
Request filed with statement of use
2.89(e)
F
Facsimile transmission, certificate of
2.197, 7.4(e)
Facsimile transmission of certain correspondence to U.S. Patent and Trademark Office
2.195(a)(3), (c), (d), 7.4(d)
Facsimile transmission not allowed to Trademark Trial and Appeal Board
2.195(d)(3)
Facsimiles as specimens
2.56(c)
Failure by appellant to file brief on ex parte appeal
2.142(b)(1)
Failure by Pplaintiff to file brief at final hearing in inter partes proceeding
2.128(a)(3)
Failure to answer opposition
2.106(a)
Failure to answer petition for cancellation
2.114(a)
Failure to comply with discovery order
2.120(gh)
Failure to comply with order relating to confidential testimony or exhibits
2.125(ef)
Failure to file affidavit of use under sec. 8 or renewal application for registration in inter partes proceeding
2.134(b)
Failure to file brief on motion
2.127(a)
Failure to offer evidence other than U.S. Patent and Trademark Office records
2.132(b)
Failure to respond to official action
2.65
Failure to take testimony or offer other evidence
2.132(a)
Failure to timely file a statement of use
2.88(h)
Fax transmission, certificate of
2.197
Fax transmission of certain correspondence to U.S. Patent and Trademark Office
2.195(a)(3), (c), (d)
Federal Rules of Civil Procedure
2.116(a), 2.120(a), 2.122(a)
Federal Rules of Evidence
2.122(a)
Fees and charges
2.6, 2.206-2.209, 7.6, 7.7
For filing an application
2.6(a)(1)
For paper application
2.6(a)(1)(i), 2.21
For TEAS application
2.6(a)(1)(ii), 2.21
For TEAS RF application
2.6(a)(1)(iii), 2.21, 2.23
For TEAS Plus application
2.6(a)(1)(iviii), 2.21, 2.22
Payable to International Bureau
7.7
Fees, insufficient amount submitted:
For application
2.21(a)(5)
For petition for cancellation
2.111(dc)
For ex parte appeal
2.141(b)
For opposition
2.101(cd)
For renewal application
2.183(e)
Fees, payment of
2.6, 2.206-2.207, 7.6, 7.7
To International Bureau
7.7
Filing an amendment to allege use
2.76
Filing an extension of protection under 66(a)
2.34(a)(5)
Filing an opposition
2.101
Filing and service of trial testimony
2.125
Filing date, effective, after amendment of sec. l(b) application to Supplemental Register
2.75(b)
Filing date of application
2.21, 7.26
Filing of confidential paperssubmissions
2.125(fe), 2.126-(c)
Filing of submissions papers electronically with Trademark Trial and Appeal Board
2.126(ab), 2.191
Filing of papers and fees by Express Mail
2.198
Filing petition for cancellation
2.111
Filing requests for extensions of time for filing statement of use
2.89
Filing statement of use after notice of allowance
2.88
Filing substitute specimens
2.59
Final refusal of application
2.64
Filing amendment to allege use during final action response period
2.64(dc)
Reconsideration of
2.64(a)
Final hearing, briefs at (inter partes proceeding)
2.128
Foreign applicant, registrant, or party, designation of domestic representative
2.24, 2.119(d), 3.61
Foreign application, priority claim based on
2.34(a)(4), 7.27
Foreign registration:
Application based on, under sec. 44
2.34(a)(3), 2.47(b)
Copy of
2.34(a)(3)(ii)
Necessary before publication
2.34(a)(3)(ii)
Form of amendment to application
2.74
Form of submissions to TTABTrademark Trial and Appeal Board
2.126
G
General information and correspondence
2.190-2.198, 7.4
Goods and/or services identification of:
Additions not permitted
2.71(a)
Amendment of
2.71(a)
Amendment of, filed with statement of use
2.88(hi)
In affidavit or declaration filed under sec. 8
2.161(e)
In affidavit or declaration filed under sec. 71
7.37(e)
In international application
7.11(a)(7)
In written application
2.32(a)(6)
Multiple goods or services comprised in single class or multiple classes
2.32(a)(6), 2.34(a)(1)(v), 2.86
Required in amendment to allege use
2.76(b)(1iv), (c)
Required in request for extension of time to file statement of use
2.89(a)(3), (f)
Required in statement of use
2.88(b)(1), (c), (i)
Good cause, showing necessary for extension of time to file statement of use
2.89(b)(4), (d)
H
Hearing, oral:
At final hearing in inter partes proceeding
2.129
On appeal to Trademark Trial and Appeal Board
2.142(e)
On motion in inter partes proceedings
2.120(j), 2.127(a)
On petition to Director
2.146(f)
I
Identification of goods and/or services. (See Goods and/or services identification of)
Identification of pending application or registered mark in correspondence
2.194
Identification of prior registrations
2.36
Incontestability of right to use mark:
Affidavit under sec. 15
2.167
Freedom from interference proceeding
2.91(b)
Informalities, amendment to correct
2.71
Intent-to-use applications under sec. 1(b):
Abandonment for failure to timely file a statement of use
2.65(c)
Amendment to allege use
2.76
Amendments between notice of allowance and statement of use
2.77
Basis for filing application
2.34
Bona fide intention to use mark in commerce necessary
2.34(a)(2)(i)
Certification mark
2.45
Collective mark
2.44
Dividing
2.87
Drawing required
2.32(c), 2.51
Extensions of time for filing statement of use
2.89
Filing-date requirements
2.21
Notice of allowance
2.81(b)
Requirements for written application
2.32, 2.34(a)(2)
Revival of application abandoned for failure to respond to a notice of allowance
2.66(c)
Specimens filed with amendment to allege use or statement of use
2.56, 2.76, 2.88
Statement of use
2.88
When eligible for concurrent use
2.42, 2.73, 2.99(g)
When eligible for amendment to Supplemental Register
2.47(d), 2.75(b)
Interlocutory motions, inter partes proceeding
2.127
Interference
2.91-2.93, 2.96, 2.98
Adding Party to interference
2.98
Burden of proof
2.96
Conflicting marks, co-pending applications for
2.83
Declaration of interference
2.91
Declared only on petition to Director
2.91(a)
Institution of interference
2.93
Issue
2.96
Marks must otherwise be deemed registrable
2.92
Notice of interference
2.93
Preliminary to interference
2.92
Registrations and applications on the Supplemental Register, registrations under the Act of 1920, and registrations of incontestable marks not subject to interference
2.91(b)
Request to divide application during interference
2.87(c)(1)
International application
7.11-7.14
Address for mailing paper
2.190(a), 7.4(b)
Cannot be filed by fax
2.195(d)(5), 7.4(d)
Certificate of mailing or transmission does not apply
2.197(a)(2), 7.4(e)
Certification of
7.13
Claim of color in
7.12
Correspondence, receipt of
7.4
Definitions of terms
7.1
Fees for
7.6, 7.7
Hand delivery of
7.4(c)
Irregularities in
7.4(b)(2), 7.14
Must be filed through TEAS or on International Bureau's form
7.11(a)
Must be in English
7.3
Requirements for
7.11
Subsequent designation
7.21
International Bureau
7.1, 7.7, 7.11, 7.13, 7.14, 7.21, 7.22, 7.23, 7.24, 7.26, 7.27, 7.30, 7.31, 7.36, 7.41, 11.9
Payment of fees to
7.7
International register, recording changes in. See also International registration
7.22-7.24
International registration
7.1-7.41
Application for. See International application.
Assignment of
7.23
Cancellation of
7.30, 7.31
Correspondence must be in English
7.3
Definitions of terms
7.1
Extension of protection to United States. See Extension of protection of international registration to United States
Priority claim
7.27
Recording changes in
7.22-7.24
Renewal of
7.41
Replacement
7.28, 7.29
Restriction on holder's right to dispose of
7.24
Subsequent designation
7.21
Inter partes procedure
2.116-2.136
Inter partes proceedings
2.91-2.136
Cancellation
2.111-2.115
Concurrent use
2.99
Failure of plaintiff to file brief at final hearing
2.128(a)(3)
Failure of plaintiff to take testimony
2.132
Interference
2.91-2.93, 2.96, 2.98
Opposition
2.101-2.107
Procedure in
2.116-2.136
Interrogatories (discovery)
2.120(d)
Motion for an order to compel answer
2.120(d)(1), 2.120(fe)
Numerical limit on
2.120(d)(1)
Timing of
2.120(a)
Use of answers
2.120(kj)
When to file copy of interrogatories and answers thereto with Trademark Trial and Appeal Board
2.120(kj)(8)
Interruptions or emergencies in United States Postal Service
2.195(e)
Irregularities in application for international registration. (See International application, irregularities in)
Issue date of the notice of allowance
2.81(b)
J
Judgment by default:
Failure by plaintiff to file brief at final hearing
2.128(a)(3)
Failure to answer cancellation
2.114(a)
Failure to answer notice of concurrent use proceeding
2.99(d)(3)
Failure to answer opposition
2.106(a)
Failure by plaintiff to take testimony or offer other evidence
2.132
Judgment, entry of in inter partes proceeding subject to establishment of constructive use
2.129(d)
Jurisdiction over published applications
2.84
Amendment after publication of mark
2.84(b)
Amendment during inter partes proceeding
2.133
Remand to Examiner by Trademark Trial and Appeal Board
2.130, 2.131
L
Lawyers. (See Attorneys)
Letter, separate for each distinct subject of inquiry
2.193(h)
Letters, address for mailing to U.S. Patent and Trademark Office
2.190
M
Madrid Protocol. (See International registration, international application)
Mailing, certificate of
2.197
Mailing address for correspondence with U.S. Patent and Trademark Office
2.190, 7.4(b)
Marks on Supplemental Register published only upon registration
2.82
Marks registered under 1905 Act. claiming benefits of 1946 Act
2.153-2.156
Marks under sec. 12(c) not subject to opposition; subject to cancellation
2.156
Matters in evidence in inter partes cases
2.122
Mistake in registration incurred through fault of applicant
2.175
Mistake in registration incurred through fault of U.S. Patent and Trademark Office
2.174
Money, payment of
2.206-2.209, 7.6, 7.7
Motions in inter partes proceedings:
Briefs on
2.127(a), 2.127(e)(1)
Contents
2.127(a)
Electronic filing required
2.126(a)
Failure to respond to motion
2.127(a)
For a protective order
2.120(fg)
For judgment for failure to take testimony
2.132
For summary judgment
2.127(e)
Interlocutory motions and requests, who may act on
2.127(c)
Request for reconsideration of decision on motion
2.127(b)
Suspension pending determination of motion potentially dispositive motion of proceeding
2.127(d)
To add application to interference
2.98
To compel discovery
2.120(d)(1), 2.120(ef)
To determine sufficiency of answer or objection to request for admission
2.120(hi)
To extend discovery period
2.120(a)
To extend times for taking testimony upon written questions
2.124(d)(2)
To extend trial periods
2.121(a), (c), (d)
To suspend
2.117
To take oral deposition abroad
2.120(c)(1), 2.123(a)(2)
To use testimony from another proceeding between parties
2.122(f)
Unavailable remedies
2.127(f)
Multiple class applications
2.32(a)(6), 2.34(a)(1)(v)
Dividing of
2.87
Multiple goods or services comprised in single class or multiple classes
2.86
Dividing of
2.87
N
New certificate on change of ownership
2.171
Notice by publication, undelivered Office notices
2.118
Notice of allowance
2.81(b)
Filing statement of use after
2.88
Issue date of
2.81(b)
Notice of appeal to court and civil action
2.145
Notice of appeal to Trademark Trial and Appeal Board
2.142(a)
Notice of concurrent use proceeding
2.99(c), (d)
Notice of claim of benefits of 1946 Act
2.153-2.156
Notice of election by appellee to proceed by civil action after appeal to U.S. Court of Appeals for the Federal Circuit
2.145(cb)(32)
Notice of interference
2.93
Notice of publication under sec. 12(c)
2.155
Notice of reliance on discovery
2.120(jk)
Notice of reliance on printed publications and official records
2.122(e)
Notice to Trademark Trial and Appeal Board of civil action
2.145(c)(43)
Notice, where address of registrant in cancellation proceeding is unknown
2.118
Notification of acceptance of or deficiency in amendment to allege use
2.76(df), (eg)
Notification of acceptance of or deficiency in statement of use
2.88(f), (g)
Notification of filing of petition for cancellation
2.113
Notification of filing opposition
2.105
Notification of grant or denial of request for an extension of time to file a statement of use
2.89(g)
Notification of opposition
2.105
O
Oath, declaration in lieu of
2.20
Oaths, before whom and when made in testimonial deposition
2.123(e)(5)
Official Gazette contents:
Claim of benefits under sec. 12(c) for marks registered under 1905 Act
2.154
First filed of applications for conflicting marks
2.83
Marks on Principal Register published for opposition
2.80
Marks on Supplemental Register published when registered
2.82
Official records, reliance on in inter partes proceeding
2.122(e)
Omission of matter from response to Examiner's action
2.65(b)
Opposition to registration of mark on Principal Register:
2.101-2.107
Amendment of opposition
2.107
Answer
2.106
Commencement of opposition
2.101(a)
Consolidated oppositions
2.104(b)
Contents of opposition
2.104
Corresponds to complaint in a court proceeding
2.116(c)
Discovery
2.120
Documents not returnable
2.25
Extension of time for filing an opposition
2.102
Failure to timely answer
2.106(a)
Fee for filing
2.6(a)(17)
Filing an opposition
2.101
Insufficient fees
2.101(d)
Notification of opposition
2.105
Procedure, inter partes
2.116-2.136
Request to divide application during opposition
2.87(c)(1)
Suspension of proceedings
2.117
Time for filing opposition
2.101(c)
Who may file opposition
2.101(b)
Withdrawal of opposition
2.106(c)
Oral argument at final hearing in inter partes proceeding
2.129
Oral hearing:
Ex parte appeal
2.142(e)
Inter partes proceedings
2.116(f), 2.120(j), 2.127(a), 2.129
On petition to Director
2.146(f)
Oral promise, stipulation, or understanding
2.191
Ownership, prior registrations, identification in application
2.36
P
Payment of money
2.6, 2.206-2.209, 7.6, 7.7
Pending application index
2.27
Period for response to Office actions
2.62
Personal appearance unnecessary
2.191
Persons who may practice before the U.S. Patent and Trademark Office in trademark cases
11.14
Petition for cancellation
2.111-2.115
Amendment of petition
2.115
Answer
2.114
Commencement of cancellation proceeding
2.111(a)
Contents of petition
2.112
Corresponds to complaint in a court proceeding
2.116(c)
Discovery
2.120
Failure to timely answer
2.114(a)
Fee for filing
2.6(a)(16)
Filing petition for cancellation
2.111
Insufficient fees
2.111(dc)
Notification of cancellation proceeding
2.113
Procedure, inter partes
2.116-2.136
Suspension of proceedings
2.117
Time for filing petition
2.111(b)
Who may file petition
2.111(b)
Withdrawal of petition
2.114(c)
Petition for rehearing, reconsideration or modification of decision:
Decision in inter partes proceeding
2.129(c)
Decision on ex parte appeal
2.144
Decision on interlocutory motion in inter partes proceeding
2.127(b)
Petition to revive abandoned application
2.66
Petition to the Director
2.146
Any case not specifically defined and provided for by rules
2.146(a)(4)
Contents of petition
2.146(c)
Delegation of authority to act on petitions
2.146(h)
Extraordinary situation requiring suspension or waiver of requirement of rules
2.146(a)(5)
Fee
2.6(a)(15), 2.146(c)
From denial of request for extension of time to file statement of use
2.89(g)
From grant or denial of request for extension of time to oppose
2.146(e)(1)
From interlocutory order of Trademark Trial and Appeal Board
2.146(e)(2)
Invoke supervisory authority
2.146(a)(3)
Oral hearing on petition
2.146(f)
Reconsideration of decision on petition
2.66(e), 2.146(i)
Reconsideration of refusal to accept sec. 8 affidavit or declaration
2.165(b)
Refusal of renewal of registration
2.186
Relief from repeated formal requirement of Examiner
2.63(b), 2.146(a)(1)
Review of adverse action on correction, disclaimer, surrender, etc. of registration
2.176
Stays time in appeal, inter partes proceeding, or reply to Office action only when stay is specifically requested and granted
2.146(g)
Subject matter for petitions
2.146(a), (b)
Time to file petition
2.146(d), (e)
To accord filing date as of date of deposit as Express Mail
2.198
Pleading, amendment of
2.107, 2.115
Position of parties in inter partes proceedings
2.96, 2.99(e), 2.116(b)
Postal Service, United States, interruptions or emergencies in
2.195(e)
Post notice of allowance
2.88, 2.89
Post publication
2.81
Power of attorney or authorization of other representative
2.17, 2.19
Practice before the U.S. Patent and Trademark Office, individuals entitled to
11.14
Predecessor in title or related company, use by
2.38
Pre-trial conference, inter partes proceeding
2.120(ij)(2)
Principal Register
2.46
Amendment to or from Supplemental Register
2.75
Printed publications, as evidence in inter partes proceedings
2.122(e)
Prior acts, status of prior registrations
2.158
Priority claim based on foreign application
2.34(a)(4), 7.27
Prior registrations, ownership, identification in application
2.36
Procedure in inter partes cases
2.116-2.136
Production of documents and things, request for (discovery)
2.120(e)
Place of production
2.120(d)(2)
Motion for an order to compel production
2.120(e), (f)
Numerical limit on
2.120(e)
Place of production
2.120(e)
Timing of
2.120(a)
Professional conduct of attorneys
11.101-11.901
Proof of distinctiveness under sec. 2(f)
2.41
Proof of service
2.119(a)
Protective order:
Access to materials filed under
2.27(e)
Form of filing materials under
2.126(c)
Standard protective order automatically imposed
2.116(g)
Relating to discovery
2.120(fg)
Relating to testimony
2.125(ef)
Sanctions for violation
2.120(gh), 2.125(ef)
Publication and post publication
2.80-2.84
Publication in Official Gazette:
Jurisdiction over published applications
2.84
Of claim of benefits under sec. 12(c) for marks registered under 1905 Act
2.154
Of first filed of applications for conflicting marks
2.83
Of mark on Principal Register for opposition after approval
2.80
Of marks on Supplemental Register when registered
2.82
Publication, notice by, undelivered Office notices to applicant or registrant in inter partes proceeding
2.118
R
Rebuttal testimony
2.121(b)(1), (c)
Receipt of papers and fees
2.195-2.198, 7.4
Recognition of attorneys or other authorized person
2.17, 11.14
Reconsideration:
Of affidavit or declaration of use under sec. 8
2.163(b), 2.165(a)
Of decision after final hearing in inter partes proceeding
2.129(c)
Of decision on ex parte appeal
2.144
Of decision on petition to Director
2.146(i)
Of decision on petition to revive
2.66(e)
Of final action
2.64(b)
Of order or decision on interlocutory motion
2.127(b)
Records of documents in Assignment Services Division of U.S. Patent and Trademark Office
3.11-3.56
Records and files of the U.S. Patent and Trademark Office
2.27, 2.200
Reexamination of application
2.63
Reexamination of application after remand by the Trademark Trial and Appeal Board
2.130, 2.131, 2.142
Refund of money paid to U.S. Patent and Trademark Office
2.209
Refusal of affidavit or declaration of use under sec. 8
2.163
Refusal of affidavit or declaration of use under sec. 71
7.39
Refusal of registration
2.61
Refusal of renewal
2.184
Refusal of request for extension of time to file a statement of use
2.89(g)
Registered extension of protection. (See Extension of protection of international registration to United States)
Registrability of marks in plurality of classes (combined applications)
2.86
Registrant claiming benefits of 1946 Act
2.153-2.156
Registration as evidence in inter partes proceeding:
File of registration which is the subject of the proceeding
2.122(b)(1)
Registration owned by any party to proceeding
2.122(d)(2)
Registration pleaded by opposer or petitioner
2.122(d)(1)
Registration records open to public inspection
2.27(d)
Registrations, printed copies available
2.201
Related company or predecessor, use by
2.38
Reinstatement:
Of an abandoned application
2.64(a)
Deadline
2.64(a)(1))
Requirements
2.64(a)(2))
Of cancelled or expired registration
2.64(b)
Deadline
2.64(b)(1))
Requirements
2.64(b)(2))
May be construed as petition
2.64(c)
Remand to Examiner:
After decision in inter partes case
2.131
During appeal from refusal of registration
2.142(d), (f)
During inter partes case
2.130
Renewal of registration
2.181-2.186, 7.41
Application for renewal, requirements
2.183
Failure to renew registration involved in inter partes proceeding
2.134(b)
Of international registration
7.41
Period in which to file
2.182
Refusal of renewal
2.184
Review of Examiner's refusal by Director
2.186
Term of original registrations and renewals
2.181
Replacement
7.28, 7.29
Reply briefs in inter partes proceedings
2.127(a)
Representation by attorney
2.11
Representation of others before the U.S. Patent and Trademark Office
2.11, 11.14
Representative, domestic or U.S. (See Domestic representative)
Representation, recognition for
2.17, 11.14
Republication of marks registered under prior acts
2.153-2.156
Request for admissions (discovery). (See Admissions, request for)
Request for Extension of protection of international registration to United States. (See Extension of protection of international registration to United States)
Request for extension of time for discovery and testimony. (See Extension of time for discovery and testimony)
Request for extension of time to file opposition. (See Extension of time for filing opposition)
Request for extension of time to file statement of use. (See Extension of time to file statement of use)
Request for information, exhibits, affidavits, declarations, and additional specimens by Examiner
2.61(b)
Request for production (discovery). (See Production of documents and things, request for)
Request for reconsideration. See Reconsideration.
Request for records
2.201
Request for registration
2.32(a)(1)
Request to divide an application
2.87
Request to divide a registration
2.171(b)
Requirements for receiving a filing date
2.21, 7.26
Requirements for written application
2.32-2.34
Registration of marks registered under prior acts
2.158
Response to official action
2.62
Restriction on holder's right to dispose of international registration
7.24
Request for reinstatement. See Reinstatement.
Review by Director:
For relief from repeated formal requirement by Examiner
2.63(b)
Of adverse action on correction, disclaimer, surrender, etc. of registration
2.176
Of refusal of affidavit or declaration of use under sec. 8
2.165
Of refusal of affidavit or declaration of use under sec. 71
7.40
Of refusal of renewal application
2.186
Petitions to the Director
2.146
Revival of abandoned applications
2.66
Revocation of power of attorney
2.19
Rules of evidence in inter partes cases
2.122(a)
Revival of applications abandoned in full or in part due to unintentional delay:
Deadline
2.66(a)
For failure to respond to a notice of allowance
2.66(c)
For failure to respond to an Office action
2.66(b)
Reconsideration of denial of petition to revive
2.66(e)
Rules of practice in trademark cases:
Suspension, petition to Director
2.146(a)(5), 2.148
Waiver, petition to Director
2.146(a)(5), 2.148
S
Sanction for failure to comply with discovery order
2.120(gh)
Sanction for failure to comply with protective order relating to testimony
2.125(ef)
Saturday, Sunday, or Federal holiday, time for taking action expiring on
2.195, 2.196
Schedule of classes of goods and services
2.85, 6.1-6.4
Schedule of time for discovery and trial periods
2.120(a), 2.121
Sec. 2(f), proof of distinctiveness
2.41
Sec. 8 affidavit or declaration of use
2.160-2.166
Sec. 44, application based on:
Amendment to change application to different register
2.75(a)
Amendment to description or drawing in mark
2.72(c)
Basis for filing
2.34
Certification mark
2.45(b)
Collective mark
2.44(b)
Drawing required
2.32(c)
Filing-date requirements
2.21
Goods or services identified may not exceed scope of those in foreign application or registration
2.32(a)(6)
Priority claim
2.34(a)(4)
Requirements for drawings
2.52-2.54
Requirements for written application
2.32-2.34
Supplemental Register
2.47(b)
Sec. 71 affidavit or declaration of use
7.36-7.40
Service charge for filing renewal application during grace period
2.6(a)(6), 2.185
Services marks
2.43
Specimens or facsimiles
2.56(c)
Service of copies of testimony
2.125
Service and signing of paperssubmissions
2.119
Signature and certificate of attorney
11.18
Signature of applicant
2.33
Signature of electronically-filed document
2.193(c)
Single certificate for one mark registered in a plurality of classes
2.86(c)
Specimens
2.56, 2.59
Electronically-filed
2.56(d)(4), 2.161(g)(3)
Facsimiles in lieu of specimens
2.56(c)
Not evidence on behalf of applicant or registrant in inter partes proceeding
2.122(b)(2)
Of service mark
2.56(a)(2)
Requirement of filing with affidavit or declaration of use under sec. 8
2.161(g)
Requirement of filing with affidavit or declaration of use under sec. 71
7.37(g)
Requirement of filing with amendment to allege use
2.76(b)(2), (e)(2)
Requirement of filing with statement of use
2.88(b)(2), (ce)(2)
Support of amendment to application
2.71, 2.72
Support of amendment to registration
2.173
Statement of use
2.88
Amendments to description or drawing of mark after filing
2.72(b)(1)
Amendments to dates of use after filing
2.71(c)(2)
Extensions of time to file
2.89
Fee for filing
2.6(a)(3)
May not be withdrawn
2.88(g)
Minimum requirements for filing
2.88(e)
Requirements for
2.88(b)
Time for filing
2.88(a)
Status of application after ex parte appeal
2.142(g)
Status of application and registration on termination of inter partes proceedings
2.136
Stipulated evidence, inter partes cases
2.123(b)
Stipulation to extend discovery and/or trial periods
2.120(a), 2.121
Subsequent designation
7.21
Address for mailing paper
, 2.190(a), 7.4(b)
Cannot be filed by fax
2.195(d)(5), 7.4(d)
Certificate of mailing or transmission does not apply
2.197(a)(2), 7.4(e)
Fees for
7.7, 7.21(b)(8)
Must be filed through TEAS or on International Bureau's form
7.21(b)
Substitute specimens, filing of
2.59
Summary judgments in inter partes proceedings
2.127(e)(1)
Sunday, Saturday, or Federal holiday, time for taking action expiring on
2.195, 2.196
Supplemental Register:
Amendment from Principal Register
2.47(c), 2.75(c)
Application requirements
2.47
Approval
2.82
Cancellation
2.111
Certificate of registration
2.82
Intent-to-use applications, when eligible
2.47(d)
Marks published when registered
2.82
Marks in request for extension of protection of international registration not registrable on
2.47(c), 2.75(c)
Surrender of certificate of registration
2.172
During inter partes proceeding
2.134
Suspension of action in application by U.S. Patent and Trademark Office
2.67
Suspension from practice before U.S. Patent and Trademark Office
11.11; 11.25
Suspension of later filed conflicting application
2.83
Suspension of inter partes proceedings by Trademark Trial and Appeal Board:
For good cause upon motion or stipulation
2.117(c)
Pending disposition of motion potentially dispositive of case
2.127(d)
Pending disposition of motion to compel
2.120(ef)(2)
Pending disposition of motion to test sufficiency of response to request for admission
2.120(hi)(2)
Pending termination of civil action or other Board proceeding
2.117(a)
Suspension of rules, Director
2.146(a)(5), 2.148
T
TEAS
2.2(f), 2.6(a)(1)(ii), 2.52(c), 2.56(d)(4), 2.161(g)(3), 2.193(a)(2)
Application filing fee
2.6(a)(1)
Definition of
2.2(f)
Drawing
2.52(c), 2.53
Signature
2.193
Specimen
2.56(d)(4), 2.161(g)(3)
TEAS Plus
2.6(a)(1)(iviii), 2.22, 2.23
Term of original registrations and renewals
2.181
Testimony in inter partes cases:
Assignment and resetting of times
2.121
By affidavit or declaration
2.123(a)
By oral examination
2.123
By written questions
2.124
Failure to take
2.132
Filing and service of testimony
2.123(f), 2.124(f), 2.125
Arrangement, indexing, and form of transcript
2.123(g); 2.125 (bc), (de)
Corrections to
2.124(f), 2.125(b)
Deposition must be filed
2.123(h)
Filing with Trademark Trial and Appeal Board in U.S. Patent and Trademark Office
2.123(f), 2.124(f), 2.125(cd), 2.126(a), 2.191
Inspection of deposition
2.123(i)
Service on adverse party
2.124(f),; 2.125(a), (b)
From another proceeding
2.122(f)
In foreign countries
2.123(a)(2)
Objections to
2.123 (e), (ji), (kj); 2.124(d), (g)
Stipulated testimony
2.123(b)
Time:
For amendment
2.62
For ex parte appeal
2.142(a)
For filing affidavit or declaration to avoid cancellation
2.160(a), 7.36(b)
For filing amendment to allege use
2.76(a)
For filing appeal to court or civil action
2.145(d)
For filing briefs in inter partes proceedings
2.127
For filing extension of time to oppose
2.102
For filing opposition
2.101(c)
For filing petition for cancellation
2.111(b), (c)(3)
For filing request for extension of time to file statement of use
2.89(a), (b)
For filing request to divide application
2.87(c)
For filing statement of use
2.88(a)
For response to U.S. Patent and Trademark Office action
2.62
For taking discovery
2.120(a)
For taking testimony
2.121
Transformation
2.195(d)(5), 2.197(a)(2)(ii), 7.4(b)(2), 7.31
Translation of assignment
3.26
Transmission, certificate of
2.197
U
Undelivered Office notices, to applicant or registrant
2.118
Unprofessional conduct, attorneys
11.101-11.901
Unprovided for and extraordinary circumstances, petition to Director
2.146(a)(4), (5)
U.S. Court of Appeals for the Federal Circuit, appeal to
2.145
Use:
Allegation of use in commerce
2.34, 2.76, 2.88
Amendment to allege use in commerce
2.76
Bona fide intention to use in commerce
2.34, 2.89
By predecessor or by related companies
2.38
Dates of first use and first use in commerce
2.34(a)(1)(ii) and (iii)
Statement of use
2.88
Use of discovery
2.120(jk)
V
Verification:
Declaration in lieu of oath or verification
2.20
In support of amendments to descriptions or drawings of the mark
2.72
In support of amendments to dates of use
2.71(c)
In support of request for extension of time to file statement of use
2.89
Of application
2.33
Of electronically-filed document
2.193
Required with amendment to allege use
2.76(b)(1), (g)(e)(3)
Required with statement of use
2.88(b)(1), (ce)(3)
Required with substitute specimens
2.59
W
Waiver of rule, petition to Director
2.146(a)(5), 2.148
Willful false statements, .declaration
2.20
Withdrawal from employment, practitioners
2.19, 11.116
Withdrawal of amendment to allege use
2.76(fh)
Withdrawal of application
2.68
Involved in inter partes proceeding
2.135
Withdrawal of opposition with or without consent
2.106(c)
Withdrawal of cancellation with or without consent
2.114(c)
Withdrawal of registration by voluntary surrender by registrant:
Involved in cancellation proceeding
2.134
Requirements for
2.172
Withdrawal of statement of use prohibited
2.88(fg)
Witnesses:
Discovery deposition
2.120(b), (c)
Examination by oral deposition (Testimony)
2.123
Examination by written questions
2.124
Foreign
2.120(c), 2.123(a)(2)
Testimony by affidavit or declaration
2.123(a)
Written application
2.32-2.47