Part 2 — Rules of Practice in Trademark Cases

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• §2.1 Reserved
• §2.2 Definitions.
• §2.6 Trademark fees.
• §2.7 Fastener recordal fees.
• §2.11 Requirement for representation.
• §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 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 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 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 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 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 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 or registration on termination of proceeding.
• §2.141 Ex parte appeals.
• §2.142 Time and manner of ex parte appeals.
• §2.143 Reserved
• §2.144 Reconsideration of decision on ex parte 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 Official Gazette.
• §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 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.