Appeals

Page

2.141 Ex parte appeals from the Examiner of Trademarks.. 2.142 Time and manner of ex parte appeals.........

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2.158 Reregistration of marks registered under acts of 1881, 1905 and 1920___

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Cancellation for Failure To File Affidavit During Sixth Year

2.161 Cancellation for failure to file affidavit during sixth year..

2.181 Term of original registrations and renewals_

2.182 Period within which application for renewal must be filed_

2.186 Action may be taken by assignee of record. Certificate of registration may issue to assignee.

2.187

TRADEMARK RULES OF PRACTICE

OF THE PATENT OFFICE

The following rules govern the practice and procedure in the Patent Office with respect to applications for the registration of trademarks. The revisions of August 10, 1961; November 11, 1962; and March 4, 1963, are included.

In the Federal Register and in the Code of Federal Regulations, the trademark rules are Part 2 of Title 37, Patents, Trademarks and Copyrights. The trademark forms are Part 4, and the classification of goods and services is Part 6. The number of the Part precedes the decimal point in the numbering of each rule.

The first three groups of rules in Part 1, Rules of Practice in Patent Cases, are made applicable to trademark cases, except when they specifically refer to patents, by Trademark Rule 2.1. These rules are placed first in the following text. The texts of other rules in Part 1 which are incorporated by reference or referred to in the trademark rules are incorporated herein at the appropriate places.

GENERAL INFORMATION AND CORRESPONDENCE

1.1 All communications to be addressed to The Commissioner of Patents. All letters and other communications intended for the Patent Office must be addressed to "The Commissioner of Patents," Washington 25, D.C. When appropriate, a letter may be marked for the attention of a particular officer or individual.

NOTE: Rules 1.1 to 1.26 [Patent Rules 1 to 26] are applicable to trademark cases as well as to patent cases except for provisions specifically directed to patents.

1.2 Business to be transacted in writing. All business with the Patent Office should be transacted in writing. The personal attendance of applicants or their attorneys or agents at the Patent Office is unnecessary. The action of the Patent Office will be based exclusively on the written record in the Office. No attention will be paid to any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt.

1.3 Business to be conducted with decorum and courtesy. Applicants and their attorneys or agents are required to conduct their business with the Patent Office with decorum and courtesy. Papers presented in violation of this requirement will be submitted to the Commissioner and will be returned by his direct order. Complaints against Examiners and other employees must be made in communications separate from other papers.

1.4 Nature of correspondence. (a) Correspondence with the Patent Office comprises (1) correspondence relating to services and facilities of the Office, such as general inquiries, requests for publications supplied by the Office, orders for printed copies of patents or trademark registrations, orders for copies of records, transmission of assignments for recording, and the like and (2) correspondence in and relating to a particular application or other proceeding in the Office. See particularly the rules relating to the filing and prosecution of applications or other proceedings.

(b) Since each application file should be complete in itself, a separate copy of every paper to be filed in an application should be furnished for each application to which the paper pertains, even though the contents of the papers filed in two or more applications may be identical.

(c) Since different matters may be considered by different branches or sections of the Patent Office, each distinct subject, inquiry, or order should be contained in a separate letter to avoid confusion and delay in answering letters dealing with different subjects.

1.5 Identification of application, patent or registration. (a) When a letter concerns an application for patent, it should state the name of the applicant, the title of the invention, the serial number of application, the date of filing the same, and, if known, the division to which it has been assigned (see rule 55).

(b) When the letter concerns a patent, it should state the number and date of issue of the patent, the name of the patentee, and the title of the invention.

(c) A letter relating to a trademark application should identify it as such and by the name of the applicant and the serial number and filing date of the application. A letter relating to a registered trademark should identify it by the name of the registrant and by the number and date of the certificate.

1.6 Receipt of letters and papers. (a) Letters and other papers received in the Patent Office are stamped with the date of receipt. No papers are received in the Patent Office on Saturdays, Sundays, or holidays within the District of Columbia.

(b) Mail placed in the Patent Office pouch up to midnight on weekdays, excepting Saturdays and holidays, by the post office at Washington, D.C., serving the Patent Office, is considered as having been received in the Patent Office on the day it was so placed in the pouch.

(c) In addition to being mailed or delivered by hand during office hours, letters and other papers may be deposited up to midnight in a box provided at the guard's desk at the 14th and E Street entrance of the Patent Office on weekdays except Saturdays and holidays, and all papers deposited therein are considered as received in the Patent Office on the day of deposit.