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SPECIMENS

AUTHORITY NOTE: Rules 2.56 to 2.58 interpret or apply sec. 1, 60 Stat. 427; 15 U.S.C. 1051.

2.56 Specimens. The five specimens of a trademark shall be specimens of the trademark as actually used on or in connection with the goods in commerce, and shall be duplicates of the actually used labels, tags, or containers, or the displays associated therewith or portions thereof, when made of suitable material and capable of being arranged flat and of a size not larger than the size of the drawing.

2.57 Facsimiles. When, due to the mode of applying or affixing the trademark to the goods, or to the manner of using the mark on the goods, or to the nature of the mark, specimens as above stated cannot be furnished, five copies of a suitable photograph or other acceptable reproduction, not larger than the size specified for the drawing and clearly and legibly showing the mark and all matter used in connection therewith, shall be furnished.

2.58 Specimens or facsimiles in the case of a service mark. (a) In the case of service marks, specimens or facsimiles as specified in rules 2.56 and 2.57, of the mark as used in the sale or advertising of the services shall be furnished unless impossible because of the nature of the mark or the manner in which it is used, in which event some other representation acceptable to the Commissioner must be submitted.

(b) In the case of service marks not used in printed or written form, three single face, unbreakable, disc recordings will be accepted. The speed at which the recordings are to be played must be specified thereon. If facilities are not available to the applicant to furnish recordings of the required type, the Patent Office may arrange to have made, upon request, and at applicant's expense, the necessary disc recordings from any type of recording the applicant submits.

EXAMINATION OF APPLICATION AND ACTION BY
APPLICANTS

AUTHORITY NOTE: Rules 2.61 to 2.69 interpret or apply sec. 12, 60 Stat. 432; 15 U.S.C. 1062.

2.61 Action by Examiner. (a) Applications for registration will be examined or caused to be examined by the Examiner of Trademarks, and, if the applicant is found not entitled to registration for any reason, he will be so notified and advised of the reasons therefor and of any formal requirements or objections.

(b) The Examiner may require the applicant to furnish such information and exhibits as may be reasonably necessary to the proper examination of the application.

2.62 Period for response. The applicant has six months from the date of mailing of any action by the Examiner to respond thereto. Such response may be made with or without amendment and must include such proper action by the applicant as the nature of the action and the condition of the case may require.

2.63 Re-examinations. After response by the applicant, the application will be re-examined or reconsidered, and if the registration is again refused or formal requirements insisted upon, but not stated to be final, the applicant may respond again.

2.64 Final action. On the first or any subsequent re-examination or reconsideration the refusal of the registration or the insistence upon a requirement may be stated to be final, whereupon applicant's response is limited to an appeal or to a compliance with any requirement. 2.65 Abandonment. If an applicant fails to respond, or to respond completely, within six months after the date an action is mailed, the application shall be deemed to have been abandoned.

2.66 Revival of abandoned applications. An application abandoned for failure to respond may be revived as a pending application if it is shown to the satisfaction of the Commissioner that the delay was unavoidable. A petition to revive an abandoned application must be accompanied by a verified showing of the causes of the delay, and by the proposed response, unless the same has been previously filed.

2.67 Suspension of action by Patent Office. (a) Action by the Patent Office may be suspended for a reasonable time specified upon request of the applicant for good and sufficient cause. Only one suspension will be granted by the Examiner, and any further suspension must be approved by the Commissioner. No such suspension can extend any time fixed by statute for a response by the applicant.

(b) If registration is refused solely on the basis of a prior registration and the applicant files a petition to cancel the reference registration, such action upon notice thereof being placed in the application file by the applicant within the time for reply, shall be taken as a response to the refusal, and further action by the Office shall, at applicant's request, be suspended pending the termination of the cancellation proceeding.

2.68 Express abandonment. An application may be expressly abandoned by filing in the Patent Office a written declaration of abandonment signed by the applicant or, if assigned, by the assignee.

2.69 Compliance with other laws. When the sale or transportation of any product for which registration of a trademark is sought is regulated under an Act of Congress, the Office may, before allowance, make appropriate inquiry as to compliance with such act for the sole purpose of determining lawfulness of the commerce recited in the application.

AMENDMENT OF APPLICATION

AUTHORITY NOTE: Rules 2.71 to 2.75 interpret or apply sec. 12, 60 Stat. 432; 15 U.S.C. 1062.

2.71 Amendments to application. (a) The application may be amended to correct informalities, or to avoid objections made by the Patent Office, or for other reasons arising in the course of examination. No amendments to the dates of use will be permitted unless such changes are supported by affidavit by the applicant and by such showing as may be required by the Examiner.

(b) Addition to the specification of goods or services will not be permitted unless the mark was in actual use on all of the goods or services proposed to be added by the amendment at the time the application was filed and unless the amendment is accompanied by additional specimens (or facsimiles) and by a supplemental affidavit by the applicant in support thereof.

(c) Amendment of the verification will not be permitted. If that filed with the application be faulty or defective, a substitute or supplemental verification must be filed.

2.72 Amendments to description or drawing. Amendments to the description or drawing of the mark may be permitted only if warranted by the specimens (or facsimiles) as originally filed, or supported by additional specimens (or facsimiles) and a supplemental affidavit alleging that the mark shown in the amended drawing was in actual use prior to the filing date of the application. Amendments may not be made if the nature of the mark is changed thereby.

2.73 Amendment to recite concurrent use. An application may

be amended in the Examiner's discretion so as to be treated as an application for a concurrent registration, provided the application as amended satisfies the requirements of rule 2.42.

2.74 Form of amendment. (a) In every amendment the exact word or words to be stricken out or inserted in the application must be specified and the precise point indicated where the deletion or insertion is to be made. Erasures, additions, insertions, or mutilations of the papers and records must not be made by the applicant or his attorney or agent.

(b) When an amendatory clause is amended, it must be wholly rewritten so that no interlineation or erasure will appear in the clause, as finally amended, when the application is passed to registration. If the number or nature of the amendments shall render it otherwise difficult to consider the case or to arrange the papers for printing or copying, or when otherwise desired to clarify the record, the Examiner may require the entire statement to be rewritten.

2.75 Amendment to change application to different register. An application for registration on the Principal Register may be changed to an application for registration on the Supplemental Register and

vice versa by amending the application to comply with the rules relating to the requirements for registration on the appropriate register, as the case may be. The original filing date may be considered for the purpose of proceedings in the Patent Office provided the application as originally filed was sufficient for registration on the register to which amended. Otherwise, the filing date of the amendment will be considered the filing date of the application so amended.

PUBLICATION AND ALLOWANCE

2.81 Publication in Official Gazette. If, on examination or re-examination of an application for registration on the Principal Register, it appears that the applicant is entitled to have his mark registered, the mark will be published in the Official Gazette for opposition. The mark also may be so published in the case of an application to be placed in interference or concurrent use proceeding, if otherwise registrable.

2.82 Allowance of application. If no opposition is filed within the time permitted (rules 2.101 and 2.102), or if filed and dismissed, and if no interference is declared, or concurrent use proceeding instituted, the Examiner will sign the application file to indicate allowance and the application will be prepared for issuance of the certificate of registration as provided in rule 2.151.

2.83 Marks on Supplemental Register published only upon registration. In the case of an application for registration on the Supplemental Register the mark will not be published for opposition but if it appears, after examination or re-examination, that the applicant is entitled to have the mark registered, the Examiner will sign the application file to indicate allowance and prepare the application for issuance of the certificate of registration as provided in rule 2.151. The mark will be published in the Official Gazette when registered. 2.84 Jurisdiction over published or allowed applications. (a) After publication or allowance the Examiner may exercise jurisdiction over an application by special authority from the Commissioner.

(b) Amendments may be made after the allowance of an application if the certificate has not been printed, on the recommendation of the Examiner approved by the Commissioner, without withdrawing the allowance.

CLASSIFICATION

AUTHORITY NOTE: Rules 2.85 to 2.88 interpret or apply sec. 30, 60 Stat. 436; 15 U.S.C. 1112.

2.85

Classification of goods and services. There is established, for convenience of administration, the classification of goods and services set forth in Part 6 of this Chapter. Such classification shall not limit or extend the applicant's rights.

2.86 Plurality of goods or services comprised in single class may be covered by single application. A single application may recite a plurality of goods, or a plurality of services, comprised in a single class, provided the particular identification of each of the goods or services be stated and the mark has actually been used on or in connection with all of the goods or in connection with all of the services specified.

2.87 Combined applications. An application also may be filed to register the same mark for any or all of the goods or services upon or in connection with which the mark is actually used falling within a plurality of classes. However, a fee equaling the sum of the fees for filing an application in each class is required. A single certificate of registration for such mark may be issued.

2.88 Applications may be combined. (a) When several applications have been filed by the same applicant for registration on the same register of a mark shown in identical form on the drawings for goods in different classes, or services in different classes, and each of the applications has been allowed, a single certificate based on such several applications may be issued. A request for the issuance of a consolidated certificate must be made of record in each of the applications involved prior to the allowance of any of the applications.

(b) The issuance of any original certificate may be suspended upon request of the applicant, for a period not exceeding six months, to permit such consolidation.

INTERFERENCES

AUTHORITY NOTE: Rules 2.91 to 2.99 interpret or apply secs. 16, 17, 60 Stat. 434; 15 U.S.C. 1066, 1067.

2.91 Interferences. (a) Whenever application is made for registration on the Principal Register of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive, an interference may be declared to exist.

(b) An interference will not be declared between two applications unless a date of use prior to the filing date of the earlier filed application is asserted in the later filed application.

(c) An interference will not be declared between an application and a registration unless the date of use asserted in the application is prior to the filing date of the application which resulted in the registration, but in any case an interference will not be declared between an application and a registration issued prior to the filing date of the application except upon specific authorization of the Commissioner.

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