§2.1 Sections of Part 1 applicable. Sections 1.1. to 1.26 of this chapter are applicable to trademark cases except such parts thereof which specifically refer to patents and except §1.22 to the extent that it is inconsistent with §§ 2.85(e), 2.101(c) or 2.162(d). Other sections of Part 1 incorporated by reference or referred to in particular sections of this part are also applicable to trademark cases. [43 FR 35483, Aug. 10, 1978] NOTE: Sections 1.1 through 1.26 appear in an Appendix to this Part 2. (c) [Deleted] (d) For making drawings, when facilities are available, the cost of making the same. Rate per hour. Minimum charge per sheet. (e) For correcting drawings, the cost of making the correction: Rate per hour (including a photoprint of the uncorrected drawing) Minimum charge. (f) For abstracts of title to each registration or application: For the search, one hour or less, and certificate.. Each additional 100 words or fraction thereof..... (g) For the special service of handling late filed fees in connection with an: · Affidavit or declaration under $8. Opposition $12.00 10.00 12.00 3.00 5.00 2.50 2.00 .20 10.00 25.00 See § 1.21 for patent and miscellaneous fees. (Sec. 1, 66 Stat. 796; 35 U.S.C. 41) [30 FR 13193, Oct. 16, 1965, as amended at 31 FR 5261, Apr. 1, 1966; 40 FR 57359, Dec. 9, 1975; 43 FR 35483, Aug. 10, 1978] REPRESENTATION BY ATTORNEYS OR OTHER AUTHORIZED PERSONS AUTHORITY: §§ 2.11 to 2.19 also issued under 35 U.S.C. 31, 32. § 2.11 Applicants may be represented by an attorney. The owner of a trademark may file and prosecute his own application for registration of such trademark, or he may be represented by an attorney or other person authorized to practice in trademark cases. The Patent and Trademark Office cannot aid in the selection of an attorney or other representative. [41 FR 758, Jan. 5, 1976] § 2.12 Persons who may practice before the Patent and Trademark Office in trademark cases. (a) Attorneys at law: Any person who is a member in good standing of the bar of the Supreme Court of the United States or of the highest court of any State, Territory, or the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him in the practice of law, may represent others before the Patent and Trademark Office in trademark cases. No application for recogni tion to practice in trademark cases by attorneys at law is required. (b) Non-lawyers: Persons who are not attorneys at law as specified in paragraph (a) of this section are not recognized to practice before the Patent and Trademark Office in trademark cases, except that persons not attorneys at law who were recognized to practice before the Patent and Trademark Office under this chapter prior to January 1, 1957, will be recognized as agents to continue practice in trademark cases in the Patent and Trademark Office. (c) Foreign attorneys and agents: Any foreign attorney or agent not a resident of the United States who shall file proof to the satisfaction of the Commissioner that he is registered and in good standing before the patent or trademark office of the country in which he resides and practices, may be recognized to represent applicants located in such country before the United States Patent and Trademark Office in the presentation and prosecution of trademark applications: Provided, That the patent or trademark office of such country allows substantially reciprocal privileges to those permitted to practice in trademark cases before the United States Patent and Trademark Office. Such recognition shall continue only during the period that the conditions specified obtain. (d) Recognition of any person under this section is not to be construed as sanctioning or authorizing the performance of any acts regarded in the jurisdiction where performed as the unauthorized practice of law. (e) No persons other than those mentioned in paragraphs (a), (b), and (c) of this section will be permitted to practice before the Patent and Trademark Office in trademark cases. Any person may appear for himself, or for a firm of which he is a member, or for a corporation or association of which he is an officer and which he is authorized to represent, if such person, firm, corporation, or association is a party to the proceeding. (f) Persons otherwise entitled to be recognized to practice under this section may, nevertheless, be refused recognition for cause. § 2.13 Professional conduct. Attorneys and other persons appearing before the Patent and Trademark Office in trademark cases must conform to the standards of ethical and professional conduct set forth in the Code of Professional Responsibility of the American Bar Association as amended February 24, 1970, insofar as such code is not inconsistent with this part. A copy of the said code is available for inspection in the Office of the Solicitor, U.S. Patent and Trademark Office, Room 11C04, Building 3, Crystal Plaza, 2021 Jefferson Davis Highway, Arlington, VA. Copies of the code are available upon request to the American Bar Center, 1155 East 60th Street, Chicago, IL 60637. [36 FR 12618, July 2, 1971] § 2.14 Advertising. (a) The use of display advertising, circulars, letters, cards, and similar material to solicit trademark business, directly or indirectly, is forbidden as unprofessional conduct, and any person engaging in such solicitation, or associated with or employed by others who so solicit, shall be refused recognition to practice before the Patent and Trademark Office or suspended or excluded from further practice. (b) The use of simple professional letterheads, calling cards, or office signs; simple announcements necessitated by opening an office, change of association, or change of address, distributed to clients and friends, and insertion of professional cards, listings in common form (not display) in a classified telephone or city directory, and listings and professional cards with biographical data in standard professional directories are not prohibited. (c) No person not an attorney, solicitor or lawyer shall, in any material specified in paragraph (b) of this section or in papers filed in the Patent and Trademark Office, represent himself to be an attorney, solicitor or lawyer. [30 FR 13193, Oct. 16, 1965, as amended at 41 FR 758, Jan. 5, 1976] §2.15 Signature and certificate of attorney or other representative. Every paper filed by an attorney at law or other person representing an applicant or party to a proceeding in the Patent or Trademark Office must bear the signature of such attorney at law or other person except those papers which are required to be signed by the applicant or party. The signature of an attorney at law or such other person to a paper filed by him, or the filing of any paper by him, constitutes a certificate that the paper has been read; that its filing is authorized; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. [41 FR 758, Jan. 5, 1976] §2.16 Suspension or exclusion from practice. The Commissioner of Patents and Trademarks may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent and Trademark Office, any person, attorney, or agent shown to be incompetent or disreputable, or guilty of unethical or unprofessional conduct or gross misconduct, or who refuses to comply with the rules and regulations, or who shall, with intent to defraud in any manner, deceive, mislead, or threaten any applicant or prospective applicant or other person having immediate or prospective business before the Patent and Trademark Office by word, circular, letter, or in any other manner. The reasons for any such suspension or exclusion shall be duly recorded. Proceedings for suspension, disbarment or exclusion from practice are conducted as provided in § 1.348. (See 35 U.S.C. 1958, sec. 32 for review of the Commissioner's action by the United States District Court for the District of Columbia.) § 2.17 Recognition for representation. (a) When an attorney at law acting in a representative capacity appears in person or signs a paper in practice before the Patent and Trademark Office in a trademark case, his person al appearance or signature shall constitute a representation to the Patent and Trademark Office that under the provisions of these rules and the law he is authorized, and qualified under § 2.12(a), to represent the particular party in whose behalf he acts. Further proof of authority to act in a representative capacity may be required. (b) Before any non-lawyer will be allowed to take action of any kind in any application or proceeding, a written authorization from the applicant, party to the proceeding, or other person entitled to prosecute such application or proceeding must be filed therein. § 2.18 Correspondence, with whom held. Correspondence will be sent to the applicant or a party to a proceeding at his address unless papers are transmitted by an attorney at law, or a written power of attorney is filed, or written authorization of other person entitled to be recognized is filed, or the applicant or party designates in writing another address to which correspondence is to be sent, in which event correspondence will be sent to the attorney at law transmitting the papers, or to the attorney at law designated in the power of attorney, or to the other person designated in the written authorization, or to the address designated by the applicant or party for correspondence. Correspondence will continue to be sent to such address until the applicant or party, or the attorney at law or other authorized representative of the applicant or party, indicates in writing that correspondence is to be sent to another address. Double correspondence will not be undertaken by the Patent and Trademark Office, and if more than one attorney at law or other authorized representative appears or signs a paper, the Office reply thereto will be sent to the address already established in the file until another correspondence address is specified by the applicant or party or by the attorney or other authorized representative of the applicant or party. [41 FR 758, Jan. 5, 1976] |