1 E made public over their objection. See § 2.27 for trademark applications. [24 FR 10332, Dec. 22, 1959, as amended at 36 FR 12616, July 2, 1971; 42 FR 5593, Jan. 28, 1977] Section 1.15 Requests for identifiable records. (a) Requests for records not disclosed to the public as part of the regular informational activity of the Patent and Trademark Office and which are not otherwise dealt with in the rules in this part may be made by completing Form CD-244, "Application to Inspect Department Records," and submitting this form, in person or by mail, to the Commissioner of Patents and Trademarks, Washington, D.C. 20231. A nonrefundable application fee of $2 must accompany each application. Copies of Form CD-244 are available in the Central Reference and Records Inspection Facility, Room 2122, Department of Commerce Building, Washington, D.C. 20230, the search room of the Patent Reference Branch of the Patent and Trademark Office, the search room of the Trademark Examining Operation, and in many public information offices and field offices of the Department of Commerce. If the requested record is identifiable, the request will be reviewed by the appropriate official authorized to make an initial determination of the availability of the record. If it is determined that the material is not to be made available to the requesting person, said person shall be notified in writing of that fact and the reasons why the record will not be disclosed. If the record is to be made available, inspection will be permitted in the appropriate Patent and Trademark Office search room. Fees for copies of records and for searches and related services are payable in accordance with the schedule of fees and charges established in § 4.8 of Title 15, Code of Federal Regulations. (b) Any person whose application to inspect a record has been refused may request a reconsideration of the initial denial by completing and submitting the appropriate section of the Form CD-244. The request for reconsideration should be made within 30 days of the date of the original denial. In submitting such request the party should include any written argument he desires to support his belief that the record requested should be made available. No personal appearance, oral argument, or hearing shall be permitted. The decision upon such request shall be made by the Commissioner of Patents and Trademarks and shall be based upon the original request, the denial, and any written argument submitted by the person seeking access to the record. The decision upon review shall be promptly made in writing and communicated to the person seeking access. If the decision is wholly or partly in favor of availability, the requested record to such extent shall be made available for inspection as described in paragraph (a) of this section. To the extent that the decision is adverse to the request, the reasons for the denial shall be stated. A decision upon review completed as provided herein shall constitute the final decision and action of the Patent and Trademark Office as to the availability of a requested record, except as may be required by court proceedings initiated pursuant to 5 U.S.C. 552(a)(3). Reconsiderations resulting in final decisions as prescribed herein shall be indexed and made available in the search room of the Patent Reference Branch. (c) Procedures applicable in the event of a subpoena, order, or other compulsory process or demand of a court or other authority shall be those set forth in section 7 of Department Order 64 (32 FR 9734, July 4, 1967). (Sec. 1, 66 Stat. 793, 81 Stat. 54; 5 U.S.C. 552, 35 U.S.C. 6) [32 FR 13812, Oct. 4, 1967, as amended at 34 FR 18857, Nov. 26, 1969] Section 1.21 Patent and miscellaneous fees and charges. In addition to the fees prescribed by statute, the following fees and charges are established by the Patent and Trademark Office: (a) For typewritten copies of records, for each page produced (double-spaced) or fraction thereof.... (b) For photocopies or other reproductions of records, drawings, or printed material, per page of material copies... (c) For copies of plant patents in color. (d) For certified copies of patents in print: For specification and drawing, per copy......... For the certificate. For the grant. (e) For abstracts of title to each patent or application: For the search, 1 hour or less, and certifi- Each additional hour or fraction thereof Each additional 100 words or fraction (f) For title reports required for Office use. (g) For translations from foreign languages into English, made only of references cited in applications or of papers filed in the Patent and Trademark Office insofar as facilities may be available: Written translations, for every 100 words of the original language, or fraction thereof. (h) For registration of an attorney or agent: For admission to examination for registration to practice, fee payable upon application.... On registration to practice.. $1.50 .30 1.00 .50 1.00 1.00 5.00 2.50 2.00 .20 1.00 5.00 35.00 25.00 80-117 0-81--13 Patents in a subclass, limited by date or patent number, per sheet (containing 50 patent numbers or less) (r) Local delivery box rental, annual. (s) For publication in the Official Gazette of a notice of the availability of a patent for licensing or sale, each patent... (t) For special service to expedite furnishing items or services ahead of regular order: On orders for copies of U.S. patents and trademark registrations, in addition to the charge for the copies, for each copy ordered. On all other orders or requests for which special service facilities are available, in addition to the regular charge, a special service charge equal to the amount of regular charge; minimum special service charge per order or request.... (u) Deposit account: Service charge for each month when the balance at the end of the month is below $40 (v) For items and services, that the Commissioner finds may be supplied, for which fees are not specified by statute or by this section, such charges as may be determined by the Commissioner with respect to each such item or service. (66 Stat. 796; 35 U.S.C. 41) 3.00 1.00 1.00 12.00 3.00 .50 1.00 2.00 [24 FR 10332, Dec. 22, 1959, as amended at 25 FR 4679, May 27, 1960; 30 FR 6391, May 7, 1965; 30 FR 12844, Oct. 8, 1965; 31 FR 7284, May 19, 1966; 34 FR 2207, Feb. 14, 1969; 36 FR 12617, July 2, 1971; 40 FR 57358, Dec. 9, 1975] Section 1.22 Fees payable in advance. Fees and charges payable to the Patent and Trademark Office are required to be paid in advance, that is, at the time of making application for any action by the Office for which a fee or charge is payable. Section 1.23 Method of payment. All payments of money required for Patent and Trademark Office fees should be made in United States specie, Treasury notes, national bank notes, post office money orders, or by certified check. If sent in any other form, the Office may delay or cancel the credit until collection is made. Money orders and checks must be made payable to the Commissioner of Patents and Trademarks. Remittances from foreign countries must be payable and immediately negotiable in the United States for the full amount of the fee required. Money sent by mail to the Patent and Trademark Office will be at the risk of the sender; letters containing money should be registered. Section 1.24 Coupons. Coupons in denominations of twenty cents and fifty cents are sold by the Patent and Trademark Office for the convenience of regular purchasers of U.S. patents, designs, and trademark registrations; these coupons may not be used for any other purpose. The 20-cent coupons are sold individually and in books of 50 with stubs for record for $10.00. The 50-cent coupons are sold individually and in pads of 10 for $5.00 and in books of 50 with stubs for record for $25.00. These coupons are good until used; they may be transferred but cannot be redeemed. NOTE: Public document coupons issued by the Superintendent of Documents cannot be used in the Patent and Trademark Office, nor can the coupons issued by the Patent and Trademark Office be used at the Government Printing Office or elsewhere. [30 FR 12844, Oct. 8, 1965, as amended at 34 FR 18857, Nov. 26, 1969] Section 1.25 Deposit accounts. (a) For the convenience of attorneys, agents, and the general public in ordering services offered by the Office, copies of records, etc., special deposit accounts may be established in the Patent and Trademark Office. A minimum deposit of $50.00 or more, depending on the activity of the individual account, is required. At the close of each month's business, a statement will be rendered. A remittance must be made promptly upon receipt of the statement to cover the value of items or services charged to the account and thus restore the account to its established normal deposit value. An amount sufficient to cover all services, copies, etc., requested must always be on deposit. A service charge will be assessed for each month that the balance at the end of the month is below $40.00. (b) Filing, issue, appeal, and petition fees may be charged against these accounts. Money paid by actual mistake or in excess, such as a payment not required by law, will be refunded, but a mere change of purpose after the payment of money, as when a party desires to withdraw his application or to withdraw an appeal, will not entitle a party to demand such a return. Amounts of ten cents or less will not be returned unless specifically demanded, within a reasonable time, nor will the payer be notified of such amount; amounts over ten cents but less than one dollar may be returned in postage stamps, and other amounts by check. (35 U.S.C. 42) PART 3-FORMS FOR PATENT CASES CODIFICATION NOTE: Part 3 is placed in a separate grouping of parts pertaining to patents. It appears on page 81 of this volume. PART 4-FORMS FOR TRADEMARK CASES Sec. 4.1 Trademark application by an individual; Principal Register with oath. 4.1a Trademark application by an individual; Principal Register with declaration. 4.2 Power of attorney at law (which may accompany application). 4.4 Designation of domestic representative to accompany application. (9) 4.5 Trademark application by a Partnership; Principal Register. 4.6 Trademark application by a corporation; Principal Register. 4.7 Service mark application; Principal Register. 4.8 Collective mark application (including collective membership mark); Principal Register. 4.9 Certification mark application; Principal Register. 4.10 Application based on concurrent use; Principal Register. 4.11 Application to register on Supplemental Register. 4.13 Application for renewal. 4.14 Affidavit for publication under section 12(c). 4.15 Affidavit required by section 8. 4.16 Affidavit under section 15. 4.16a (Combined 8 and 15) Combined affidavit under Sections 8 and 15. 4.17 Opposition in the United Patent and Trademark Office. States 4.23 A suggested format for the certificate of mailing under 37 CFR 1.8(a) to be included with the correspondence. AUTHORITY: 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. SOURCE: 41 FR 17727, Apr. 28, 1976, unless otherwise noted. NOTE: The following forms illustrate the manner of preparing applications for registration of marks as well as various other papers to be filed in the Patent and Trademark Office in trademark cases. 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 render necessary may be made provided they do not depart from the requirements of Part 2 of this chapter or of the Trademark Statute. Before using any forms, the pertinent requirements of Part 2 of this chapter and the pertinent sections of the trademark statute should be studied carefully. In using these forms, the applicant or other party filing the form may, instead of making oath or verification where such is prescribed in the forms, set forth a written declaration that all statements made of his own knowledge are true and that all statements made on information and belief are believed to be true, but this may be done only if declarant is warned by wording in the same paper that willful false statements and the like are punishable by fine or imprisonment, or both, under section 1001 of Title 18 of the United States Code, and may jeopardize the validity of the application or other document or any registration resulting from the application: See form 4.1a. § 4.1 Trademark application by an individual; Principal Register with oath. Mark (Identify the mark) states that he/she believes himself/herself to be the owner of the trademark sought to be registered; to the best of his/her 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. Notary Public REPRESENTATION (See form 4.2 and Note (7) below.) 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 section 2.52. (2) If more than one item in a class is set forth and the dates given for that class 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 other type of commerce which may lawfully be regulated by Congress. Foreign applicants relying upon use must specify commerce which Congress may regulate, using wording such as commerce with the United States or commerce between the United States and a foreign country. (4) If the mark is other than a coined, arbitrary or fanciful mark, and the mark is believed 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 (Type of commerce) commerce for the five 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 other method which may be in use. (6) The required fee of $35.00 for each class must be submitted. (7) If the applicant is not domiciled in the United States, a domestic representative must be designated. See form 4.4. [43 FR 55396, Nov. 28, 1978] JURAT: (Signature of applicant) Subscribed and sworn to before me, this day of *The person who signs the jurat must be authorized to administer oaths by the law of the jurisdiction where executed, and the seal or stamp of the notary, or other evidence of authority in the jurisdiction of execution, must be affixed. being hereby warned 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 any registration resulting therefrom, declares: That he/she believes himself/herself to be the owner of the trademark sought to be registered; that to the best of his/her 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 the facts set forth in this application are true; and that all statements made of his/her own knowledge are true (Signature of applicant) (Date) REPRESENTATION (See form 4.2 and Note (7) under form 4.1.) NOTES For Notes referred to in this form but not set out here, see same numbered Notes under form 4.1. [43 FR 55397, Nov. 28, 1978] § 4.2 Power of attorney at law (which may accompany application).* Applicant hereby appoints (8) (Address) an attorney at law or attorneys at law, to prosecute this application to register, to transact all business in the Patent and Trademark Office in connection therewith, and to receive the certificate of registration. NOTE.-(8) An individual attorney at law or individual attorneys at law must be named here. If the name of a law firm is given, it will be regarded merely as a designation of address for correspondence. |