Page images
PDF
EPUB

as the court may impose, without prejudice, however, to the right of the parties to take further testimony. The testimony and exhibits, or parts thereof, of the record in the Patent Office when admitted shall have the same force and effect as if originally taken and produced in the suit. (Sec. 4915, R. S.)

35 U. S. C. 72a. And upon the filing of a bill in the District Court of the United States for the District of Columbia wherein remedy is sought under section 4915 or section 4918 of the Revised Statutes (U. S. C., title 35, sec. 63 or sec. 66), without seeking other remedy, if it shall appear that there is an adverse party residing in a foreign country, or adverse parties residing in a plurality of districts not embraced within the same State, the court shall have jurisdiction thereof and writs shall, unless the adverse party or parties voluntarily make appearance, be issued against all of the adverse parties with the force and effect and in the manner set forth in this section (sec. 113 of title 28 U. S. C.): Provided, That writs issued against parties residing in foreign countries pursuant to this section may be served by publication or otherwise as the court shall direct. EXTENSION OF TIME FOR RENEWING REGISTRATIONS UNDER SEC. 12 OF THE ACT OF 1905

Public Law 517, 79th Cong., July 17, 1946; 60 Stat. 568.

Whenever the President shall find that foreign proprietors of trade-marks registered in the United States Patent Office who are nationals of countries which accord substantially equal treatment in this respect to trade-mark proprietors who are citizens of the United States are or may have been temporarily unable to comply with the conditions and formalities prescribed with respect to renewal of such registrations by section 12 of an Act to authorize the registration of trade-marks used in commerce with foreign nations or among the several States or with Indian tribes, and to protect the same, approved February 20, 1905, as amended (15 U. S. C. 92), because of the disruption or suspension of facilities essential for such compliance because of conditions growing out of World War II, he may by proclamation grant such extension of time as he may deem appropriate for the fulfillment of such conditions or formalities by such foreign proprietors: Provided, That the President may at any time terminate any proclamation authorized herein or any part thereof or suspend or extend its operation for such period or periods of time as in his judgment the interests of the United States may require: Provided, further, That no such extension of time shall permit the filing of applications more than three years after the approval of this Act: And provided further, That the benefits of this Act shall not exend to nationals of any enemy country with which the United States was at war in World War II.

755588°-47--10

INDEX

References in this index to rules or groups of rules are preceded by the letter R; references
to sections of the Trade-Mark Act of 1946 are preceded by the letter S, references to forms
are preceded by the letter F. Page numbers are used only for the supplemental statutes
following the Trade-Mark Act of 1946.

A

Abandonment of application:

Drawing of abandoned application used in new

application.

During contested proceeding..

Express.

For failure to respond to official action.

Revival of abandoned application..

Abandonment of mark:

Certificate cancelable.

Definition of......

During inter partes proceeding.

R 6.6.

R 24.7.

R 12.8.

R 12.5; S 12 (b).

R 12.6; S 12 (b).

S 14 (c), 24.

S 45.

R 24.7.

Abstract of title see Title report.

Acknowledgment of receipt of affidavit under Sec. 8.. R 32.3.

Acknowledgments and verifications.

Acquiescence in inter partes proceedings.

Action by examiner on application..

Action may be taken by assignee of record....

S 11.

S 19.

R 12.1.

R 36.2.

Action of Commissioner in inter partes proceedings.

S 18.

Adding application or registration to interference.. R 19.7.
Adding new party to interference....

Advertising by attorneys and agents restricted....

[blocks in formation]

Of use or nonuse to avoid cancellation at end of R 32; S 8; F 25.

6 years.

Of 5 years' continuous use of trade-mark for R 33; S 15; F 27.

incontestability.

125

Agent see Resident agent.

Agents see Attorneys and agents.

Alcoholic liquors, distilled; labels require approval. R 14.1.

Allegations in application not evidence on behalf of

[blocks in formation]

Appeal to Court from decision of Commissioner... R 26.4; S 21; page 121.

[blocks in formation]
[blocks in formation]

Certificate of registration may be issued to..... R 36.3; S 7 (c).

New certificate of registration to.

Not domiciled in U. S..

Right to take action when assignment is re-

corded.

Assignment of marks..

Misrepresentation after.

New certificate after..

Recording in Patent Office..

Records open to public inspection

Associate attorneys and agents.

Attorney, opposition filed by..

Attorneys and agents..

Authentication of copies of records.

R 34.1; S 7 (c).

R 36.1; S 10.

R 36.2.

R 36; S 10.
S 14 (c); 33 (b) 3.
R 34.1; S 7 (c).
R 36.1; S 10.

R 3.3.

R 4.7.

R 20.3.

R 4; page 121.
R 3.4; S 7 (e).

[blocks in formation]

On appeal to Commissioner in contested cases. . R 26.3.

On final hearing....

On motions in contested cases.

On petition to Commissioner.

Burden of proof in contested cases.

R 24.1.

R 23.8.

R 27.1.

R 19.6; 23.1.

Business with Patent Office to be conducted with R 1.3.

decorum and courtesy.

Business with Patent Office transacted in writing... R 1.2.

C

Cancellation of registrations:

Assigned mark.

By court.

S 10, 14 (c).

S 37.

« PreviousContinue »