4.15 Affidavit required by section 8. 4.16 Affidavit under section 15 (a). 4.17 Notice of opposition in the United States Patent Office. 4.18 Petition to cancel a registration in the United States Patent Office. 4.19 Ex parte appeal from Examiner of Trademarks in the United States Patent Office. 4.21 Assignment of application. 4.22 Assignment of registration. AUTHORITY: The provisions of this Part 4 issued under secs. 1, 2, 7, 9, 12, 13, 14, 21, 23, 30, 44, 45, 60 Stat. 427, as amended, sec. 41, 60 Stat. 440, sec. 6, 66 Stat. 793; 15 U.S.C. 1051, 1052, 1057, 1059, 1062, 1063, 1064, 1071, 1091, 1112, 1123, 1126, 1127; 35 U.S.C. 6, unless otherwise noted. NOTE: The following forms illustrate the manner of preparing applications for registration of marks and various papers in trademark cases, to be filed in the Patent Office. Applicants and other parties will find their business facilitated by following them. These forms should be used in cases to which they are applicable. A sufficient number of representative forms are given which, with the variations indicated by the notes, should take care of all the usual situations. In special situations such alterations as the circumstances may render necessary may be made provided they do not depart from the requirements of Part 2 of this chapter or the statute. Before using any forms the pertinent rules and sections of the statute should be studied carefully. In using these forms, the applicant or member of the firm or officer of the corporation or association making application or filing the form may, in the prescribed instances, in lieu of making the oath, affirmation, or verification required, set forth in the body of the statement required his written declaration that all statements made on information and belief are believed to be true, if, and only if, the declarant is, on the same paper, warned that willful false statements and the like are punishable by fine or imprisonment, or both (18 U.S.C. 1001), and may jeopardize the validity of the application or document or any registration resulting therefrom. [30 F.R. 13207, Oct. 16, 1965] § 4.1 Trademark application by an individual; Principal Register with oath. in such near resemblance thereto as to be likely, when applied to the goods of such other person, to cause confusion, or to cause mistake, or to deceive; and the facts set forth in this application are true. (Signature of applicant) (The acknowledgment shall be in the form prescribed by the law of the jurisdiction where executed, and the notary's seal or stamp or other evidence or authority in the jurisdiction of execution must be affixed.) POWER OF ATTORNEY OR AUTHORIZATION OF AGENT (See §§ 4.2 and 4.3) (7) NOTES: (1) If registration is sought for a word or numeral mark not depicted in any special form, the drawing may be the mark typed in capital letters on letter-size bond paper; otherwise, the drawing shall comply with 2.52. (2) If more than one item of goods is set forth and the dates given apply to only one of the items listed, insert the name of the item to which the dates apply. (3) Type of commerce should be specified as "interstate," "Territorial," "foreign," or such other specified type of commerce as may be lawfully regulated by Congress. Foreign applicants relying upon use must specify "commerce with the United States." (4) If the mark is other than a coined, arbitrary or fanciful mark which is claimed to have acquired a secondary meaning, insert whichever of the following paragraphs is applicable: (a) The mark has become distinctive of applicant's goods as a result of substantially exclusive and continuous use commerce for the five (Type of commerce) in years next preceding the date of filing of this application. (b) The mark has become distinctive of applicant's goods as evidenced by the showing submitted separately. (5) Insert the manner or method of using the mark with the goods, i.e., "the goods," "the containers for the goods," "displays associated with the goods," "tags or labels affixed to the goods," or such other appropriate method as may be used. (6) If the applicant is not domiciled in the United States, a domestic representative must be appointed. See § 4.4. [30 FR. 13208, Oct. 16, 1965, as amended at 31 F.R. 5262, Apr. 1, 1966] The mark is used by applying it to (5) and five specimens showing the mark as actually used are presented herewith. The undersigned applicant declares: That he believes himself to be the owner of the trademark sought to be registered; that to the best of his knowledge and belief no other person, firm, corporation, or association has the right to use said mark in commerce, either in the identical form or in such near resemblance thereto as may be likely, when applied to the goods of such other person, to cause confusion, or to cause mistake, or to deceive; that all statements made herein of his own knowledge are true and that all statements made on information and belief are believed to be true; and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under section 1001 of Title 18 of the United States Code and that such willful false statements may jeopardize the validity of the application or document or any registration resulting therefrom. (Signature of applicant) (Date) POWER OF ATTORNEY OR AUTHORIZATION OF AGENT (See §§4.2 and 4.3) (7) NOTES: (1) If registration is sought for a word or numeral mark not depicted in any special form, the drawing may be the mark typed in capital letters on letter-size bond paper; otherwise, the drawing shall comply with § 2.52. (2) If more than one item of goods is set forth and the dates given apply to only one of the items listed, insert the name of the item to which the dates apply. (3) Type of commerce should be specified as "interstate," "Territorial," "foreign," or such other specified type of commerce as may be lawfully regulated by Congress. Foreign applicants relying upon use must specify "commerce with the United States." (4) If the mark is other than a coined, arbitrary or fanciful mark which is claimed to have acquired a secondary meaning, insert whichever of the following paragraphs is applicable: (a) The mark has become distinctive of applicant's goods as a result of substantially exclusive and continuous use in commerce for the five (Type of commerce) years next preceding the date of filing of this application. (b) The mark has become distinctive of applicant's goods as evidenced by the showing submitted separately. (5) Insert the manner or method of using the mark with the goods, i.e., "the goods," "the containers for the goods," "displays associated with the goods," "tags or labels affixed to the goods," or such other appropriate method as may be used. (6) If the applicant is not domiciled in the United States, a domestic representative must be appointed. See § 4.4. (Name of member of firm) being sworn, states that he is a member of the applicant firm; he believes said firm to be the owner of the mark sought to be registered; to the best of his knowledge and belief no other person, firm, corporation or association has the right to use said mark in commerce, either in the identical form or in such near resemblance thereto as to be likely, when applied to the goods of such other person, to cause confusion, or to cause mistake, or to deceive; and the facts set forth in this application are true. (Signature of member of firm) (The acknowledgment shall be in the form prescribed by the law of the jurisdiction where executed, and the notary's seal or stamp or other evidence or authority in the jurisdiction of execution must be affixed.) OF ATTORNEY OR AUTHORIZATION OF AGENT POWER (See §§ 4.2 and 4.3) [24 F.R. 10378, Dec. 22, 1959, as amended at 28 F.R. 1043, Feb. 2, 1963, 31 F.R. 5262, Apr. 1, 1966] of applicant corporation and is authorized to execute this affidavit on behalf of said corporation; he believes said corporation to be the owner of the mark sought to be registered; to the best of his knowledge and belief no other person, firm, corporation or association has the right to use said mark in commerce, either in the identical form or in such near resemblance thereto as to be likely, when applied to the goods of such other person, to cause confusion, or to cause mistake, or to deceive; and the facts set forth in this application are true. (State method of using the mark in connec and five tion with the services) (13) showing the mark as actually used are presented herewith. NOTES: (12) See Note (1), and if drawing is not practicable, insert description of the mark instead of reference to the drawing. (13) Insert "specimens" or "facsimiles", or state the nature of the representation of the mark which is furnished. [24 F.R. 10378, Dec. 22, 1959] § 4.8 Collective mark application; Principal Register. To the COMMISSIONER OF PATENTS: (Insert identification of applicant in accordance with § 4.6, changing "corporation" to "association," "cooperative," or other appropriate designation of the collective group or organization.) The above identified applicant has adopted and is exercising legitimate control over the use of the collective mark shown in the accompanying drawing (1) for (Common, usual or ordinary name of to indicate_. (14) and requests that said mark be registered in the United States Patent Office on the Principal Register established by the act of July 5, 1946. |