DEPARTMENT OF COMMERCE
[Docket No. 970428100-7256-02]
Patent and Trademark Office
37 CFR Parts 2 and 3
RIN 0651-AA87
Miscellaneous Changes to Trademark Trial and Appeal
Board Rules
AGENCY: Patent and Trademark Office, Commerce.
ACTION: Proposed rule; notice of hearing and reopening of comment period.
SUMMARY: The Patent and Trademark Office (PTO) will hold a public
hearing, and reopen the comment period, on changes to certain rules and
practices of the Trademark Trial and Appeal Board that were proposed in
June of 1997. Interested members of the public are invited to testify at
the public hearing and to submit written comments on these proposed
changes.
DATES: The public hearing will be held on Wednesday, December 10, 1997,
beginning at 9:00 a.m.
Those wishing to present oral testimony at the hearing must request an
opportunity to do so no later than Friday, December 5, 1997.
Speakers may provide a written copy of their testimony for inclusion in
the record of the proceedings no later than Wednesday, December 17, 1997.
Written comments will be accepted by the PTO until December 10, 1997.
Written comments and transcripts of the hearing will be available for
public inspection on or about Wednesday, January 7, 1998.
ADDRESSES: The hearing will be held on Wednesday, December 10, 1997,
beginning at 9:00 a.m. in the Commissioner's Conference Room, located on
the 9th floor of Crystal Park 2, 2121 Crystal Drive, Arlington, Virginia
22202.
Requests to testify should be sent to Ellen Seeherman by telephone at
(703) 308-9300, ext. 206, by facsimile transmission at (703) 308-9333,
or by mail marked to her attention and addressed to Assistant
Commissioner for Trademarks, Box TTAB-No Fee, 2900 Crystal Drive,
Arlington, Virginia 22202-3513.
Written comments may be sent by mail addressed to Assistant Commissioner
for Trademarks, Box TTAB-No Fee, 2900 Crystal Drive, Arlington, Virginia
22202-3513, marked to the attention of Ellen J. Seeherman. Written
comments may also be sent by facsimile transmission to (703) 308-9333,
marked to the attention of Ellen J. Seeherman.
Written comments and transcripts of the hearing will be maintained for
public inspection in Suite 900, on the 9th Floor of the South Tower
Building, 2900 Crystal Drive, Arlington, Virginia 22202-3513.
FOR FURTHER INFORMATION CONTACT: Ellen J. Seeherman, Administrative
Trademark Judge, Trademark Trial and Appeal Board, by telephone at (703)
308-9300, ext. 206, or by mail marked to her attention and addressed to
Assistant Commissioner for Trademarks, Box TTAB-No Fee, 2900 Crystal
Drive, Arlington, Virginia 22202-3513 or by facsimile transmission
marked to her attention and sent to (703) 308-9333.
SUPPLEMENTARY INFORMATION: A notice of proposed rulemaking to amend
certain rules governing practice before the Trademark Trial and Appeal
Board was published in the Federal Register on June 5, 1997 (62 FR
30802) and in the Official Gazette on June 24, 1997 (1199 TMOG 88). A
number of the comments made in response to that notice suggested that a
public hearing be held on the proposed rules changes. Accordingly, the
PTO has decided to hold a public hearing on the proposed rules changes
on December 10, 1997. Moreover, some trade organizations expressed the
concern that, because the comment period occurred during the summer
months, some practitioners and other interested parties and entities
were not aware of the proposed amendments. Accordingly, the PTO has
decided to reopen the comment period. All comments previously submitted
will be considered together with any additional written comments which
are submitted by December 10, 1997.
It should be noted that, in view of the comments already received, the
PTO has determined that it will not adopt the proposed changes to
Sections 2.120(d) and 2.120(h) regarding limiting the number of requests
for production of documents and the requests for admission which may be
served.
Oct. 29, 1997 BRUCE A. LEHMAN
Assistant Secretary of Commerce and
Commissioner of Patents and Trademarks