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| Patent Cooperation Treaty (PCT) Information |
Patent Cooperation Treaty (PCT) Information
For information concerning PCT member countries, see the notice
appearing in the Official Gazette at 1331 O.G. 54, on June 10, 2008.
European Patent Office as Searching and Examining Authority
The European Patent Office (EPO) may act as the International Searching
Authority (ISA) for an international application filed with the United
States Receiving Office or the International Bureau (IB) as Receiving
Office where at least one of the applicants is either a national or
resident of the United States of America. However, the EPO is no longer
a competent ISA, within the meaning of PCT Article 16(3), for
international applications filed by U.S. residents or nationals on or
after 01 March 2002 in the USPTO or IB as a Receiving Office, and where
the application contains one or more claims directed to the field of
business methods. For the definition of what the EPO considers to be
precluded subject matter in the field of business methods, applicants
should see the "Notice from the President of the European Patent
Office", dated 26 November 2001, and which was published as Annex A in
the "Notice Concerning EPO Competence to Act as PCT Authority" in
the Official Gazette at 1255 O.G. 878, on February 19, 2002.
The European Patent Office may act as the International
Preliminary Examining Authority (IPEA) for an international application
filed in the United States Receiving Office or the International Bureau
as Receiving Office where at least one of the applicants is either a
national or resident of the United States of America, provided that the
European Patent Office acted as the International Searching Authority.
However, the EPO is no longer a competent IPEA, within the meaning of
PCT Article 32(3), for international applications filed by U.S.
residents or nationals in the USPTO or IB as a Receiving Office where
the corresponding demand is filed with the EPO on or after 01 March
2002, and where the application contains one or more claims directed to
the fields of business methods.
The EPO resumed its competence as an International Searching
Authority and International Preliminary Examining Authority, effective
January 1, 2004, for international applications filed by nationals or
residents of the United States of America where the application
contains one or more claims relating to the field of biotechnology.
This change was announced in the Official Gazette at 1277 O.G. 230, on
December 30, 2003.
The EPO resumed its competence as an International Preliminary
Examining Authority, effective July 1, 2004, for demands filed by U.S.
residents or nationals on or after July 1, 2004, for international
applications filed by nationals or residents of the United States of
America where the application contains one or more claims relating to
the field of telecommunications. This change was announced in the
Official Gazette at 1277 O.G. 230, on December 30, 2003.
The search fee of the European Patent Office was increased,
effective April 1, 2008, and was announced in the Official Gazette
at 1329 O.G. 172, on April 22, 2008.
Korean Intellectual Property Office as Searching and Examining Authority
For use of the Korean Intellectual Property Office as an International
Searching Authority and International Preliminary Examining Authority for
international applications filed in the United States Receiving Office,
see the notice appearing in the Official Gazette at 1302 O.G. 1261 on
January 17, 2006.
The search fee of the Korean Intellectual Property Office was increased,
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 140 |
effective January 1, 2008, and was announced in the Official Gazette at
1327 O.G. 64, on February 12, 2008.
Fees
The search fee for the USPTO was increased, effective November 9, 2007,
and was announced in the Federal Register on September 10, 2007. The fee
for filing a request for the restoration of the right of priority was
established, effective November 9, 2007, and was announced in the Federal
Register on September 10, 2007.
International filing fees were increased, effective July 1, 2008,
and were announced in the Official Gazette at 1331 O.G. 57, on June 10,
2008.
The schedule of PCT fees (in U.S. dollars), as of July 1, 2008, is as
follows:
International Application (PCT Chapter I) fees:
Transmittal fee $300.00
Search fee
U.S. Patent and Trademark Office (USPTO) as
International Searching Authority (ISA)
- Search fee $1,800.00
- Supplemental search fee, per additional
invention (payable only upon invitation) $1,800.00
European Patent Office as ISA $2,496.00
Korean Intellectual Property Office as ISA $244.00
International fees
International filing fee $1,338.00
International filing fee-filed in paper
with PCT EASY zip file or
electronically without PCT EASY
zip file $1,237.00
International filing fee-filed
electronically with PCT EASY zip
file $1,137.00
Supplemental fee for each page over 30 $15.00
Sequence listing and/or sequence-related table on
electronic medium only $6,000.00
Restoration of Priority
Filing a request for the restoration of the
right of priority under § 1.452 $1,410.00
International Application (PCT Chapter II) fees associated
with filing a Demand for Preliminary Examination:
Handling fee $201.00
Handlinfg fee-90% reduction, if applicants meet criteria
specified at:
http://www.wipo.int/pct/en/fees/fee reduction.pdf $20.10
Preliminary Examination Fee
USPTO as International Preliminary
Examining Authority (IPEA)
- USPTO was ISA in PCT Chapter I $600.00
- USPTO was not ISA in PCT Chapter I $750.00
- Additional preliminary examination fee,
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 141 |
per additional invention
(payable only upon invitation) $600.00
U.S. National Stage fees (for international applications entering
the U.S. national phase under 35 U.S.C. 371) can be found on the USPTO's
web site (www.uspto.gov).
May 9, 2008 JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
| Notice of Maintenance Fees Payable |
Notice of Maintenance Fees Payable
Title 37 Code of Federal Regulations (CFR), Section 1.362(d) provides
that maintenance fees may be paid without surcharge for the six-month
period beginning 3, 7, and 11 years after the date of issue of patents
based on applications filed on or after Dec. 12, 1980. An additional
six-month grace period is provided by 35 U.S.C. 41(b) and 37 CFR 1.362(e)
for payment of the maintenance fee with the surcharge set forth in 37 CFR
1.20(h), as amended effective Dec. 16, 1991. If the maintenance fee is
not paid in the patent requiring such payment the patent will expire on
the 4th, 8th, or 12th anniversary of the grant.
Attention is drawn to the patents that were issued on June 28, 2005
for which maintenance fees due at 3 years and six months may now be paid.
The patents have patent numbers within the following ranges:
Utility Patents 6,910,222 through 6,912,726
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on June 26, 2001
for which maintenance fees due at 7 years and six months may now be paid.
The patents have patent numbers within the following ranges:
Utility Patents 6,249,915 through 6,253,375
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on June 24, 1997
for which maintenance fees due at 11 years and six months may now be paid.
The patents have patent numbers within the following ranges:
Utility Patents 5,640,711 through 5,642,524
Reissue Patents based on the above identified patents.
No maintenance fees are required for design or plant patents.
Payments of maintenance fees in patents may be submitted electronically
over the Internet at www.uspto.gov. Click on the "Site Index" link at the
top of the homepage (www.uspto.gov), and then scroll down and click on the
"Maintenance Fees" link for more information.
Payments of maintenance fees in patents not submitted electronically
over the Internet should be mailed to "United States Patent and Trademark
Office, P.O. Box 979070, St. Louis, MO 63197-9000".
Correspondence related to maintenance fees other than payments of
maintenance fees in patents is not to be mailed to P.O. Box 979070,
St. Louis, MO 63197-9000, but must be mailed to "Mail Stop M
Correspondence, Director of the U.S. Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313-1450".
Patent owners must establish small entity status according to 37 CFR
1.27 if they have not done so and if they wish to pay the small entity
amount.
The current amounts of the maintenance fees due at 3 years and six
months, 7 years and six months, and 11 years and six months are set
forth in the most recently amended provisions in 37 CFR 1.20(e)-(g).
To obtain the current maintenance fee amounts, please call the USPTO
Contact Center at (800)-786-9199 or see the current USPTO fee schedule
posted on the USPTO Internet web site. At the top of the USPTO homepage
at www.uspto.gov, click on the "Site Index" link and then scroll down
and click on the "Fees, USPTO" link to find the current USPTO fee
schedule.
| Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee |
Notice of Expiration of Patents
Due to Failure to Pay Maintenance Fee
35 U.S.C. 41 and 37 CFR 1.362(g) provide that if the required
maintenance fee and any applicable surcharge are not paid in a patent
requiring such payment, the patent will expire at the end of the 4th, 8th
or 12th anniversary of the grant of the patent depending on the first
maintenance fee which was not paid.
According to the records of the Office, the patents listed below have
expired due to failure to pay the required maintenance fee and any
applicable surcharge.
PATENTS WHICH EXPIRED ON May 21, 2008
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
Number Number Date
5,517,704 08/287,261 05/21/96
5,517,742 08/389,223 05/21/96
5,517,743 08/306,908 05/21/96
5,517,744 08/334,242 05/21/96
5,517,746 08/302,201 05/21/96
5,517,754 08/252,794 05/21/96
5,517,755 08/225,909 05/21/96
5,517,757 08/293,758 05/21/96
5,517,758 08/128,825 05/21/96
5,517,759 08/255,110 05/21/96
5,517,763 08/376,102 05/21/96
5,517,765 08/192,219 05/21/96
5,517,770 08/216,715 05/21/96
5,517,771 08/364,206 05/21/96
5,517,776 08/360,700 05/21/96
5,517,802 08/282,858 05/21/96
5,517,805 08/335,644 05/21/96
5,517,817 08/142,019 05/21/96
5,517,820 08/214,303 05/21/96
5,517,830 08/378,612 05/21/96
5,517,834 08/367,776 05/21/96
5,517,835 08/303,417 05/21/96
5,517,855 08/216,700 05/21/96
5,517,866 08/248,072 05/21/96
5,517,875 08/330,699 05/21/96
5,517,876 08/286,122 05/21/96
5,517,883 08/410,563 05/21/96
5,517,889 08/292,353 05/21/96
5,517,900 08/430,515 05/21/96
5,517,902 08/529,836 05/21/96
5,517,904 08/195,539 05/21/96
5,517,909 08/305,302 05/21/96
5,517,927 08/335,842 05/21/96
5,517,931 08/312,620 05/21/96
5,517,932 08/226,156 05/21/96
5,517,933 08/184,242 05/21/96
5,517,940 08/437,033 05/21/96
5,517,949 08/369,502 05/21/96
5,517,954 08/162,200 05/21/96
5,517,956 08/289,096 05/21/96
5,517,965 08/281,202 05/21/96
5,517,966 08/429,166 05/21/96
5,517,968 08/213,794 05/21/96
5,517,970 08/490,744 05/21/96
5,517,974 08/402,355 05/21/96
5,517,976 08/276,941 05/21/96
5,517,989 08/222,137 05/21/96
| July 8, 2008 |
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5,517,991 08/272,592 05/21/96
5,517,992 08/364,867 05/21/96
5,517,993 08/477,936 05/21/96
5,517,994 08/340,562 05/21/96
5,518,003 08/158,890 05/21/96
5,518,008 08/296,333 05/21/96
5,518,009 08/345,603 05/21/96
5,518,013 08/364,800 05/21/96
5,518,018 08/337,802 05/21/96
5,518,020 08/259,631 05/21/96
5,518,026 08/316,159 05/21/96
5,518,033 08/308,672 05/21/96
5,518,035 08/427,183 05/21/96
5,518,037 08/303,949 05/21/96
5,518,040 08/356,118 05/21/96
5,518,077 08/408,740 05/21/96
5,518,082 08/345,992 05/21/96
5,518,086 08/283,908 05/21/96
5,518,087 08/299,297 05/21/96
5,518,094 08/279,287 05/21/96
5,518,104 08/354,615 05/21/96
5,518,109 08/300,392 05/21/96
5,518,111 08/204,971 05/21/96
5,518,132 08/511,413 05/21/96
5,518,138 08/199,762 05/21/96
5,518,146 08/317,184 05/21/96
5,518,155 08/320,268 05/21/96
5,518,166 08/338,091 05/21/96
5,518,172 08/431,348 05/21/96
5,518,176 08/382,702 05/21/96
5,518,181 08/245,379 05/21/96
5,518,194 08/226,502 05/21/96
5,518,195 08/251,383 05/21/96
5,518,197 08/327,051 05/21/96
5,518,207 08/286,678 05/21/96
5,518,212 08/316,502 05/21/96
5,518,215 08/242,951 05/21/96
5,518,219 08/382,466 05/21/96
5,518,220 08/241,711 05/21/96
5,518,237 08/380,241 05/21/96
5,518,266 08/326,789 05/21/96
5,518,269 08/399,322 05/21/96
5,518,278 08/387,195 05/21/96
5,518,281 08/170,123 05/21/96
5,518,289 08/385,733 05/21/96
5,518,291 08/238,022 05/21/96
5,518,296 08/325,593 05/21/96
5,518,306 08/013,296 05/21/96
5,518,307 08/229,507 05/21/96
5,518,313 08/222,130 05/21/96
5,518,327 08/327,665 05/21/96
5,518,329 08/501,918 05/21/96
5,518,331 08/215,128 05/21/96
5,518,356 08/393,177 05/21/96
5,518,357 08/274,530 05/21/96
5,518,363 08/206,891 05/21/96
5,518,370 08/415,917 05/21/96
5,518,374 08/501,772 05/21/96
5,518,386 07/886,374 05/21/96
5,518,389 08/395,636 05/21/96
5,518,390 08/317,788 05/21/96
5,518,394 08/311,871 05/21/96
5,518,395 08/303,558 05/21/96
5,518,402 08/196,522 05/21/96
5,518,405 08/404,306 05/21/96
5,518,416 08/332,681 05/21/96
| July 8, 2008 |
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5,518,422 08/397,612 05/21/96
5,518,437 08/134,642 05/21/96
5,518,444 08/457,021 05/21/96
5,518,446 08/282,043 05/21/96
5,518,463 08/439,105 05/21/96
5,518,469 08/420,876 05/21/96
5,518,492 08/244,022 05/21/96
5,518,503 08/419,496 05/21/96
5,518,509 08/297,778 05/21/96
5,518,513 08/307,056 05/21/96
5,518,520 08/399,304 05/21/96
5,518,523 08/345,760 05/21/96
5,518,525 08/274,741 05/21/96
5,518,539 08/341,720 05/21/96
5,518,546 08/321,043 05/21/96
5,518,554 08/188,312 05/21/96
5,518,556 08/212,996 05/21/96
5,518,560 08/311,976 05/21/96
5,518,565 08/306,044 05/21/96
5,518,567 08/265,725 05/21/96
5,518,569 08/150,069 05/21/96
5,518,570 08/278,812 05/21/96
5,518,572 08/444,261 05/21/96
5,518,573 08/157,979 05/21/96
5,518,574 08/236,651 05/21/96
5,518,579 08/373,776 05/21/96
5,518,596 08/256,256 05/21/96
5,518,605 08/273,151 05/21/96
5,518,611 08/310,411 05/21/96
5,518,613 08/356,080 05/21/96
5,518,616 08/356,258 05/21/96
5,518,637 08/482,145 05/21/96
5,518,650 08/455,671 05/21/96
5,518,653 08/371,617 05/21/96
5,518,655 08/433,032 05/21/96
5,518,667 08/323,771 05/21/96
5,518,671 08/325,168 05/21/96
5,518,681 08/260,166 05/21/96
5,518,683 08/386,780 05/21/96
5,518,694 08/454,055 05/21/96
5,518,700 08/264,825 05/21/96
5,518,715 08/398,792 05/21/96
5,518,725 08/123,844 05/21/96
5,518,731 08/260,482 05/21/96
5,518,732 08/388,159 05/21/96
5,518,734 08/210,319 05/21/96
5,518,739 08/278,378 05/21/96
5,518,741 08/361,813 05/21/96
5,518,743 08/354,537 05/21/96
5,518,748 08/327,633 05/21/96
5,518,753 08/255,389 05/21/96
5,518,757 08/358,707 05/21/96
5,518,764 08/401,596 05/21/96
5,518,766 08/115,956 05/21/96
5,518,769 08/332,446 05/21/96
5,518,772 08/351,377 05/21/96
5,518,775 08/376,258 05/21/96
5,518,778 08/404,918 05/21/96
5,518,787 07/851,319 05/21/96
5,518,788 08/339,383 05/21/96
5,518,791 08/280,206 05/21/96
5,518,799 08/149,620 05/21/96
5,518,812 08/337,940 05/21/96
5,518,815 08/326,513 05/21/96
5,518,818 08/129,060 05/21/96
5,518,827 08/214,788 05/21/96
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
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5,518,831 08/499,626 05/21/96
5,518,834 08/355,600 05/21/96
5,518,835 08/211,208 05/21/96
5,518,845 08/326,816 05/21/96
5,518,859 08/405,293 05/21/96
5,518,872 08/336,817 05/21/96
5,518,876 08/413,972 05/21/96
5,518,882 08/172,133 05/21/96
5,518,884 08/203,534 05/21/96
5,518,897 08/188,581 05/21/96
5,518,899 08/336,224 05/21/96
5,518,916 08/342,480 05/21/96
5,518,937 08/407,254 05/21/96
5,518,940 08/368,906 05/21/96
5,518,945 08/435,262 05/21/96
5,518,946 08/203,677 05/21/96
5,518,954 08/250,554 05/21/96
5,518,967 08/234,017 05/21/96
5,518,972 08/172,024 05/21/96
5,518,981 08/346,842 05/21/96
5,519,000 08/221,580 05/21/96
5,519,004 08/485,495 05/21/96
5,519,013 08/224,615 05/21/96
5,519,027 08/078,326 05/21/96
5,519,035 08/084,977 05/21/96
5,519,040 08/236,720 05/21/96
5,519,047 08/230,543 05/21/96
5,519,049 08/093,305 05/21/96
5,519,054 07/971,577 05/21/96
5,519,067 08/536,792 05/21/96
5,519,070 08/350,025 05/21/96
5,519,073 08/493,085 05/21/96
5,519,074 08/371,632 05/21/96
5,519,087 08/430,641 05/21/96
5,519,094 08/145,948 05/21/96
5,519,098 08/321,555 05/21/96
5,519,099 08/481,113 05/21/96
5,519,108 08/481,114 05/21/96
5,519,109 08/373,697 05/21/96
5,519,110 08/445,680 05/21/96
5,519,115 08/164,151 05/21/96
5,519,119 07/994,469 05/21/96
5,519,121 08/393,761 05/21/96
5,519,127 07/826,657 05/21/96
5,519,129 08/326,854 05/21/96
5,519,132 08/392,017 05/21/96
5,519,139 08/448,193 05/21/96
5,519,146 08/295,649 05/21/96
5,519,154 08/178,720 05/21/96
5,519,171 08/317,374 05/21/96
5,519,176 08/223,240 05/21/96
5,519,182 08/256,569 05/21/96
5,519,184 08/246,679 05/21/96
5,519,185 08/399,914 05/21/96
5,519,186 08/335,738 05/21/96
5,519,194 08/363,018 05/21/96
5,519,195 08/015,311 05/21/96
5,519,206 08/328,428 05/21/96
5,519,209 08/259,943 05/21/96
5,519,211 08/260,379 05/21/96
5,519,213 08/289,662 05/21/96
5,519,225 08/317,049 05/21/96
5,519,233 08/253,867 05/21/96
5,519,235 08/341,728 05/21/96
5,519,256 08/188,695 05/21/96
5,519,260 08/201,929 05/21/96
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
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5,519,280 08/216,019 05/21/96
5,519,281 08/345,027 05/21/96
5,519,282 08/170,765 05/21/96
5,519,285 08/165,339 05/21/96
5,519,290 08/509,094 05/21/96
5,519,299 08/340,651 05/21/96
5,519,302 08/186,021 05/21/96
5,519,311 06/571,830 05/21/96
5,519,315 08/332,206 05/21/96
5,519,317 08/397,956 05/21/96
5,519,339 08/382,952 05/21/96
5,519,351 08/338,774 05/21/96
5,519,371 08/357,760 05/21/96
5,519,380 08/334,525 05/21/96
5,519,383 08/258,509 05/21/96
5,519,397 08/201,228 05/21/96
5,519,398 08/135,478 05/21/96
5,519,405 08/227,768 05/21/96
5,519,413 08/155,065 05/21/96
5,519,425 08/151,625 05/21/96
5,519,444 08/212,898 05/21/96
5,519,458 08/352,453 05/21/96
5,519,461 08/365,929 05/21/96
5,519,463 08/119,712 05/21/96
5,519,464 08/346,995 05/21/96
5,519,467 08/208,649 05/21/96
5,519,469 08/375,392 05/21/96
5,519,475 08/301,573 05/21/96
5,519,485 08/101,487 05/21/96
5,519,489 08/339,461 05/21/96
5,519,492 08/083,138 05/21/96
5,519,496 08/179,647 05/21/96
5,519,498 08/035,587 05/21/96
5,519,505 08/310,454 05/21/96
5,519,510 08/257,227 05/21/96
5,519,518 08/479,641 05/21/96
5,519,519 08/101,767 05/21/96
5,519,530 08/299,904 05/21/96
5,519,538 08/141,124 05/21/96
5,519,560 08/203,910 05/21/96
5,519,562 08/405,418 05/21/96
5,519,578 08/254,781 05/21/96
5,519,583 08/175,106 05/21/96
5,519,589 08/126,308 05/21/96
5,519,590 08/242,745 05/21/96
5,519,595 08/321,270 05/21/96
5,519,609 08/268,225 05/21/96
5,519,611 07/903,457 05/21/96
5,519,613 08/319,308 05/21/96
5,519,614 08/124,700 05/21/96
5,519,616 07/962,510 05/21/96
5,519,628 08/019,927 05/21/96
5,519,632 08/043,074 05/21/96
5,519,636 08/218,907 05/21/96
5,519,650 08/301,752 05/21/96
5,519,661 08/281,835 05/21/96
5,519,667 08/461,028 05/21/96
5,519,673 08/357,093 05/21/96
5,519,676 08/440,100 05/21/96
5,519,677 08/214,697 05/21/96
5,519,678 08/246,056 05/21/96
5,519,685 08/111,959 05/21/96
5,519,696 08/361,422 05/21/96
5,519,697 08/284,781 05/21/96
5,519,702 08/334,063 05/21/96
5,519,705 08/375,640 05/21/96
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 148 |
5,519,710 08/249,319 05/21/96
5,519,740 08/133,240 05/21/96
5,519,743 08/298,967 05/21/96
5,519,746 08/348,155 05/21/96
5,519,777 08/348,783 05/21/96
5,519,796 08/399,276 05/21/96
5,519,803 08/302,182 05/21/96
5,519,806 08/166,107 05/21/96
5,519,817 08/019,707 05/21/96
5,519,827 07/501,537 05/21/96
5,519,833 07/929,798 05/21/96
5,519,840 08/187,412 05/21/96
5,519,871 08/243,532 05/21/96
5,519,874 07/668,208 05/21/96
5,519,884 08/146,766 05/21/96
5,519,888 08/268,481 05/21/96
5,519,890 08/518,127 05/21/96
PATENTS WHICH EXPIRED ON May 16, 2008
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
Number Number Date
6,061,828 08/822,212 05/16/00
6,061,830 09/245,491 05/16/00
6,061,834 09/332,332 05/16/00
6,061,840 09/262,711 05/16/00
6,061,846 09/226,285 05/16/00
6,061,847 09/258,869 05/16/00
6,061,849 09/263,272 05/16/00
6,061,850 09/112,710 05/16/00
6,061,851 08/544,299 05/16/00
6,061,852 09/108,768 05/16/00
6,061,853 09/125,853 05/16/00
6,061,854 09/239,923 05/16/00
6,061,859 09/048,142 05/16/00
6,061,860 09/082,438 05/16/00
6,061,862 09/143,252 05/16/00
6,061,866 09/133,163 05/16/00
6,061,874 09/178,794 05/16/00
6,061,878 09/195,756 05/16/00
6,061,888 09/153,509 05/16/00
6,061,899 09/162,870 05/16/00
6,061,903 09/071,547 05/16/00
6,061,908 08/928,311 05/16/00
6,061,909 08/903,971 05/16/00
6,061,912 09/162,859 05/16/00
6,061,919 09/064,903 05/16/00
6,061,921 09/058,476 05/16/00
6,061,933 08/840,416 05/16/00
6,061,935 09/173,503 05/16/00
6,061,947 09/336,854 05/16/00
6,061,948 09/121,415 05/16/00
6,061,949 09/015,183 05/16/00
6,061,952 09/357,263 05/16/00
6,061,957 09/079,423 05/16/00
6,061,959 09/062,329 05/16/00
6,061,967 09/233,697 05/16/00
6,061,976 09/166,662 05/16/00
6,061,977 09/061,233 05/16/00
6,061,984 09/126,563 05/16/00
6,061,985 09/252,305 05/16/00
6,061,988 09/270,921 05/16/00
6,061,990 09/066,298 05/16/00
6,061,991 08/950,652 05/16/00
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 149 |
6,061,994 09/300,306 05/16/00
6,061,996 09/142,756 05/16/00
6,062,008 09/133,506 05/16/00
6,062,011 09/267,763 05/16/00
6,062,014 09/226,206 05/16/00
6,062,015 09/050,794 05/16/00
6,062,019 09/010,208 05/16/00
6,062,025 08/969,552 05/16/00
6,062,032 09/208,584 05/16/00
6,062,040 09/298,883 05/16/00
6,062,041 08/974,824 05/16/00
6,062,042 09/225,068 05/16/00
6,062,046 09/054,494 05/16/00
6,062,048 09/305,268 05/16/00
6,062,051 08/612,832 05/16/00
6,062,052 09/334,707 05/16/00
6,062,062 09/102,119 05/16/00
6,062,066 08/614,443 05/16/00
6,062,067 09/180,529 05/16/00
6,062,080 08/834,000 05/16/00
6,062,083 09/016,050 05/16/00
6,062,087 09/159,129 05/16/00
6,062,090 08/933,736 05/16/00
6,062,100 09/215,053 05/16/00
6,062,102 09/143,508 05/16/00
6,062,104 09/180,460 05/16/00
6,062,108 09/289,824 05/16/00
6,062,111 09/125,595 05/16/00
6,062,115 09/052,198 05/16/00
6,062,116 09/095,901 05/16/00
6,062,132 09/171,452 05/16/00
6,062,135 09/206,158 05/16/00
6,062,138 09/281,638 05/16/00
6,062,139 09/301,330 05/16/00
6,062,141 09/188,113 05/16/00
6,062,144 08/442,413 05/16/00
6,062,145 08/494,335 05/16/00
6,062,149 09/084,462 05/16/00
6,062,150 09/091,284 05/16/00
6,062,156 09/094,358 05/16/00
6,062,157 09/066,351 05/16/00
6,062,159 09/134,317 05/16/00
6,062,161 09/022,199 05/16/00
6,062,168 09/159,710 05/16/00
6,062,174 08/548,316 05/16/00
6,062,175 09/293,787 05/16/00
6,062,176 08/910,137 05/16/00
6,062,181 09/031,741 05/16/00
6,062,187 09/230,192 05/16/00
6,062,188 08/832,864 05/16/00
6,062,194 09/229,422 05/16/00
6,062,200 09/068,287 05/16/00
6,062,203 09/143,561 05/16/00
6,062,217 09/193,424 05/16/00
6,062,226 09/011,658 05/16/00
6,062,232 09/329,351 05/16/00
6,062,250 09/233,113 05/16/00
6,062,253 08/911,090 05/16/00
6,062,257 09/172,992 05/16/00
6,062,259 09/161,072 05/16/00
6,062,267 09/282,939 05/16/00
6,062,269 09/091,399 05/16/00
6,062,270 09/113,928 05/16/00
6,062,271 09/083,867 05/16/00
6,062,280 09/158,836 05/16/00
6,062,286 09/102,633 05/16/00
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 150 |
6,062,287 08/869,347 05/16/00
6,062,294 09/027,951 05/16/00
6,062,327 09/162,896 05/16/00
6,062,333 08/898,801 05/16/00
6,062,334 09/072,151 05/16/00
6,062,335 08/957,619 05/16/00
6,062,337 09/171,727 05/16/00
6,062,338 08/927,548 05/16/00
6,062,339 08/562,731 05/16/00
6,062,341 09/151,875 05/16/00
6,062,344 09/255,851 05/16/00
6,062,348 08/985,029 05/16/00
6,062,355 09/066,754 05/16/00
6,062,357 09/103,282 05/16/00
6,062,361 09/185,478 05/16/00
6,062,363 09/206,088 05/16/00
6,062,365 09/229,271 05/16/00
6,062,371 09/038,532 05/16/00
6,062,375 09/166,562 05/16/00
6,062,378 09/014,870 05/16/00
6,062,383 09/022,283 05/16/00
6,062,389 09/095,693 05/16/00
6,062,394 09/195,915 05/16/00
6,062,397 09/217,319 05/16/00
6,062,398 09/358,289 05/16/00
6,062,404 08/993,526 05/16/00
6,062,419 09/210,170 05/16/00
6,062,424 08/844,223 05/16/00
6,062,432 08/593,447 05/16/00
6,062,443 09/064,255 05/16/00
6,062,444 09/159,436 05/16/00
6,062,446 08/170,491 05/16/00
6,062,447 09/122,999 05/16/00
6,062,451 09/298,666 05/16/00
6,062,452 09/221,369 05/16/00
6,062,453 09/171,666 05/16/00
6,062,457 09/478,506 05/16/00
6,062,458 08/683,251 05/16/00
6,062,462 08/909,569 05/16/00
6,062,463 09/091,009 05/16/00
6,062,466 09/300,506 05/16/00
6,062,468 09/206,145 05/16/00
6,062,471 09/184,450 05/16/00
6,062,490 09/168,006 05/16/00
6,062,498 09/067,299 05/16/00
6,062,501 09/142,808 05/16/00
6,062,503 09/096,951 05/16/00
6,062,504 08/910,480 05/16/00
6,062,510 09/406,189 05/16/00
6,062,515 09/080,565 05/16/00
6,062,519 09/164,641 05/16/00
6,062,520 08/996,618 05/16/00
6,062,522 09/118,479 05/16/00
6,062,524 09/070,147 05/16/00
6,062,526 09/130,133 05/16/00
6,062,528 08/967,942 05/16/00
6,062,529 09/082,334 05/16/00
6,062,532 09/076,867 05/16/00
6,062,538 09/119,761 05/16/00
6,062,540 09/189,348 05/16/00
6,062,544 09/203,077 05/16/00
6,062,554 09/186,101 05/16/00
6,062,566 09/022,368 05/16/00
6,062,567 09/057,962 05/16/00
6,062,570 08/620,695 05/16/00
6,062,571 09/004,840 05/16/00
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 151 |
6,062,574 09/129,153 05/16/00
6,062,581 08/692,941 05/16/00
6,062,598 09/165,059 05/16/00
6,062,603 09/038,599 05/16/00
6,062,605 09/166,278 05/16/00
6,062,606 09/070,787 05/16/00
6,062,610 09/098,823 05/16/00
6,062,611 09/056,824 05/16/00
6,062,616 09/182,461 05/16/00
6,062,617 09/204,229 05/16/00
6,062,619 09/326,286 05/16/00
6,062,622 09/209,299 05/16/00
6,062,624 09/063,717 05/16/00
6,062,627 09/098,866 05/16/00
6,062,630 09/093,994 05/16/00
6,062,631 09/114,153 05/16/00
6,062,635 09/045,007 05/16/00
6,062,636 09/236,861 05/16/00
6,062,640 09/226,993 05/16/00
6,062,650 08/875,413 05/16/00
6,062,655 09/107,293 05/16/00
6,062,657 09/063,532 05/16/00
6,062,665 09/181,520 05/16/00
6,062,666 08/552,106 05/16/00
6,062,671 08/890,764 05/16/00
6,062,675 08/777,173 05/16/00
6,062,680 08/710,717 05/16/00
6,062,683 08/901,559 05/16/00
6,062,685 08/580,088 05/16/00
6,062,691 09/294,460 05/16/00
6,062,696 09/261,014 05/16/00
6,062,700 09/233,678 05/16/00
6,062,709 08/975,821 05/16/00
6,062,730 09/062,770 05/16/00
6,062,738 09/089,182 05/16/00
6,062,744 09/169,867 05/16/00
6,062,745 09/141,715 05/16/00
6,062,746 09/206,612 05/16/00
6,062,747 09/020,729 05/16/00
6,062,751 09/333,413 05/16/00
6,062,754 09/193,622 05/16/00
6,062,761 09/071,727 05/16/00
6,062,766 08/905,468 05/16/00
6,062,769 09/370,051 05/16/00
6,062,777 09/232,943 05/16/00
6,062,779 09/051,951 05/16/00
6,062,781 09/012,032 05/16/00
6,062,789 09/301,289 05/16/00
6,062,790 09/346,907 05/16/00
6,062,795 08/940,427 05/16/00
6,062,797 08/777,413 05/16/00
6,062,806 09/178,145 05/16/00
6,062,828 09/090,741 05/16/00
6,062,836 09/004,440 05/16/00
6,062,839 09/095,552 05/16/00
6,062,856 09/305,565 05/16/00
6,062,859 09/274,898 05/16/00
6,062,860 08/239,700 05/16/00
6,062,866 09/276,333 05/16/00
6,062,878 09/334,357 05/16/00
6,062,882 08/919,197 05/16/00
6,062,883 09/133,015 05/16/00
6,062,884 09/151,609 05/16/00
6,062,887 09/144,157 05/16/00
6,062,891 09/134,669 05/16/00
6,062,898 09/142,009 05/16/00
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 152 |
6,062,907 09/243,971 05/16/00
6,062,909 09/264,658 05/16/00
6,062,910 09/318,192 05/16/00
6,062,912 09/080,613 05/16/00
6,062,914 09/271,415 05/16/00
6,062,917 09/154,793 05/16/00
6,062,918 08/878,559 05/16/00
6,062,921 09/092,682 05/16/00
6,062,932 09/198,050 05/16/00
6,062,934 09/352,365 05/16/00
6,062,944 09/200,768 05/16/00
6,062,946 09/165,712 05/16/00
6,062,953 09/042,803 05/16/00
6,062,954 09/121,995 05/16/00
6,062,960 09/067,108 05/16/00
6,062,977 08/688,620 05/16/00
6,062,978 08/570,287 05/16/00
6,062,983 09/345,869 05/16/00
6,062,985 09/074,450 05/16/00
6,062,988 08/933,009 05/16/00
6,062,990 09/098,138 05/16/00
6,062,991 08/628,599 05/16/00
6,062,994 09/058,716 05/16/00
6,063,002 09/139,667 05/16/00
6,063,004 08/982,306 05/16/00
6,063,013 09/135,444 05/16/00
6,063,016 09/127,759 05/16/00
6,063,019 08/973,230 05/16/00
6,063,021 09/127,419 05/16/00
6,063,028 09/045,734 05/16/00
6,063,032 09/162,057 05/16/00
6,063,036 09/085,449 05/16/00
6,063,041 09/117,396 05/16/00
6,063,043 09/186,596 05/16/00
6,063,049 09/316,852 05/16/00
6,063,051 09/102,926 05/16/00
6,063,053 09/215,769 05/16/00
6,063,057 09/088,129 05/16/00
6,063,066 09/111,334 05/16/00
6,063,082 09/035,738 05/16/00
6,063,102 09/181,414 05/16/00
6,063,112 09/091,835 05/16/00
6,063,131 08/948,520 05/16/00
6,063,133 09/107,804 05/16/00
6,063,137 09/207,539 05/16/00
6,063,144 09/255,951 05/16/00
6,063,146 09/114,605 05/16/00
6,063,148 08/973,085 05/16/00
6,063,151 09/097,533 05/16/00
6,063,163 09/090,360 05/16/00
6,063,166 09/126,530 05/16/00
6,063,167 09/427,678 05/16/00
6,063,169 08/644,134 05/16/00
6,063,177 09/100,847 05/16/00
6,063,184 08/983,069 05/16/00
6,063,191 09/060,690 05/16/00
6,063,193 08/984,653 05/16/00
6,063,202 08/938,206 05/16/00
6,063,206 09/193,909 05/16/00
6,063,213 09/216,754 05/16/00
6,063,219 09/306,030 05/16/00
6,063,220 09/068,207 05/16/00
6,063,221 09/009,625 05/16/00
6,063,223 09/129,265 05/16/00
6,063,250 09/079,342 05/16/00
6,063,253 09/198,881 05/16/00
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 153 |
6,063,254 08/994,458 05/16/00
6,063,255 08/181,669 05/16/00
6,063,274 08/914,215 05/16/00
6,063,276 09/156,682 05/16/00
6,063,281 09/165,140 05/16/00
6,063,282 09/219,085 05/16/00
6,063,283 09/005,161 05/16/00
6,063,292 09/090,132 05/16/00
6,063,300 09/026,695 05/16/00
6,063,303 09/147,704 05/16/00
6,063,305 08/897,845 05/16/00
6,063,311 09/369,894 05/16/00
6,063,322 08/765,867 05/16/00
6,063,324 09/234,741 05/16/00
6,063,326 09/152,315 05/16/00
6,063,336 08/691,324 05/16/00
6,063,337 09/137,196 05/16/00
6,063,348 08/842,639 05/16/00
6,063,351 09/288,559 05/16/00
6,063,358 09/054,910 05/16/00
6,063,359 08/938,295 05/16/00
6,063,377 09/213,397 05/16/00
6,063,383 09/238,744 05/16/00
6,063,384 08/987,867 05/16/00
6,063,399 08/995,986 05/16/00
6,063,402 08/487,605 05/16/00
6,063,405 09/049,653 05/16/00
6,063,411 09/070,628 05/16/00
6,063,413 08/926,208 05/16/00
6,063,418 09/077,095 05/16/00
6,063,423 08/952,535 05/16/00
6,063,427 08/774,354 05/16/00
6,063,429 09/235,037 05/16/00
6,063,431 08/889,029 05/16/00
6,063,437 08/810,243 05/16/00
6,063,438 08/706,490 05/16/00
6,063,444 09/208,583 05/16/00
6,063,455 08/731,059 05/16/00
6,063,459 08/897,709 05/16/00
6,063,467 09/028,046 05/16/00
6,063,469 09/176,921 05/16/00
6,063,478 08/511,525 05/16/00
6,063,486 08/982,890 05/16/00
6,063,496 09/090,191 05/16/00
6,063,498 09/184,905 05/16/00
6,063,513 09/008,486 05/16/00
6,063,518 09/101,964 05/16/00
6,063,525 08/974,848 05/16/00
6,063,538 09/177,796 05/16/00
6,063,545 07/871,032 05/16/00
6,063,550 09/069,517 05/16/00
6,063,551 09/192,628 05/16/00
6,063,552 09/156,294 05/16/00
6,063,554 09/182,664 05/16/00
6,063,555 09/006,989 05/16/00
6,063,556 08/330,349 05/16/00
6,063,562 08/420,003 05/16/00
6,063,564 09/124,767 05/16/00
6,063,578 09/177,785 05/16/00
6,063,580 09/275,831 05/16/00
6,063,594 08/792,014 05/16/00
6,063,613 08/403,918 05/16/00
6,063,616 08/963,746 05/16/00
6,063,618 09/011,318 05/16/00
6,063,635 09/147,863 05/16/00
6,063,647 08/986,882 05/16/00
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 154 |
6,063,651 09/018,145 05/16/00
6,063,657 09/255,535 05/16/00
6,063,658 09/172,865 05/16/00
6,063,660 09/052,685 05/16/00
6,063,693 09/045,638 05/16/00
6,063,702 08/789,720 05/16/00
6,063,726 08/862,174 05/16/00
6,063,731 09/281,716 05/16/00
6,063,751 09/180,678 05/16/00
6,063,757 08/753,642 05/16/00
6,063,762 09/146,584 05/16/00
6,063,767 09/208,718 05/16/00
6,063,774 09/066,375 05/16/00
6,063,779 09/079,861 05/16/00
6,063,790 08/901,919 05/16/00
6,063,794 08/948,663 05/16/00
6,063,797 09/051,397 05/16/00
6,063,799 09/029,205 05/16/00
6,063,804 09/199,640 05/16/00
6,063,816 09/370,712 05/16/00
6,063,817 09/026,404 05/16/00
6,063,832 08/730,288 05/16/00
6,063,839 08/644,025 05/16/00
6,063,872 09/146,176 05/16/00
6,063,881 09/053,944 05/16/00
6,063,895 09/287,124 05/16/00
6,063,897 09/072,852 05/16/00
6,063,898 09/125,161 05/16/00
6,063,908 08/873,955 05/16/00
6,063,914 09/013,649 05/16/00
6,063,920 09/011,010 05/16/00
6,063,925 09/146,124 05/16/00
6,063,933 09/000,139 05/16/00
6,063,934 09/261,374 05/16/00
6,063,935 09/246,386 05/16/00
6,063,936 08/990,657 05/16/00
6,063,940 08/800,173 05/16/00
6,063,949 08/665,923 05/16/00
6,063,951 09/125,225 05/16/00
6,063,955 09/230,908 05/16/00
6,063,956 09/238,196 05/16/00
6,063,960 09/212,050 05/16/00
6,063,961 09/147,370 05/16/00
6,063,962 09/011,777 05/16/00
6,063,963 08/765,283 05/16/00
6,063,964 09/341,673 05/16/00
6,063,965 09/149,322 05/16/00
6,063,968 08/855,270 05/16/00
6,063,974 09/060,579 05/16/00
6,063,975 09/172,641 05/16/00
6,063,980 09/072,617 05/16/00
6,063,981 09/009,111 05/16/00
6,063,985 09/014,592 05/16/00
6,063,986 09/015,754 05/16/00
6,063,987 09/039,859 05/16/00
6,063,988 08/836,402 05/16/00
6,063,998 09/107,214 05/16/00
6,064,003 09/061,395 05/16/00
6,064,004 09/103,891 05/16/00
6,064,011 08/949,157 05/16/00
6,064,013 08/934,005 05/16/00
6,064,016 09/128,686 05/16/00
6,064,023 08/865,521 05/16/00
6,064,026 09/187,150 05/16/00
6,064,027 09/114,387 05/16/00
6,064,029 09/090,088 05/16/00
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 155 |
6,064,032 09/087,851 05/16/00
6,064,043 09/323,354 05/16/00
6,064,046 09/298,057 05/16/00
6,064,047 08/766,130 05/16/00
6,064,048 09/128,786 05/16/00
6,064,057 09/041,692 05/16/00
6,064,058 09/079,865 05/16/00
6,064,080 09/061,150 05/16/00
6,064,084 08/822,980 05/16/00
6,064,091 09/209,085 05/16/00
6,064,108 08/922,983 05/16/00
6,064,118 09/061,903 05/16/00
6,064,122 09/186,953 05/16/00
6,064,123 09/051,554 05/16/00
6,064,131 09/131,300 05/16/00
6,064,132 09/150,449 05/16/00
6,064,135 09/056,366 05/16/00
6,064,139 08/321,581 05/16/00
6,064,146 09/103,463 05/16/00
6,064,147 09/089,514 05/16/00
6,064,156 09/152,407 05/16/00
6,064,163 09/129,995 05/16/00
6,064,164 09/338,151 05/16/00
6,064,172 08/798,250 05/16/00
6,064,188 09/398,427 05/16/00
6,064,189 09/034,666 05/16/00
6,064,190 09/073,176 05/16/00
6,064,201 09/114,125 05/16/00
6,064,206 09/173,215 05/16/00
6,064,208 09/053,933 05/16/00
6,064,209 09/080,840 05/16/00
6,064,230 09/014,527 05/16/00
6,064,232 08/992,634 05/16/00
6,064,235 09/045,981 05/16/00
6,064,241 09/082,516 05/16/00
6,064,242 08/817,755 05/16/00
6,064,261 09/299,187 05/16/00
6,064,278 09/181,609 05/16/00
6,064,283 09/124,223 05/16/00
6,064,291 09/117,617 05/16/00
6,064,296 08/940,025 05/16/00
6,064,300 09/267,021 05/16/00
6,064,301 09/246,146 05/16/00
6,064,307 08/626,775 05/16/00
6,064,308 08/956,732 05/16/00
6,064,309 09/162,211 05/16/00
6,064,313 09/061,606 05/16/00
6,064,326 09/050,316 05/16/00
6,064,334 09/116,332 05/16/00
6,064,337 09/145,435 05/16/00
6,064,348 09/298,049 05/16/00
6,064,353 08/909,530 05/16/00
6,064,356 08/955,951 05/16/00
6,064,361 08/175,423 05/16/00
6,064,370 08/869,802 05/16/00
6,064,380 08/971,778 05/16/00
6,064,382 08/974,121 05/16/00
6,064,389 08/863,685 05/16/00
6,064,411 08/928,641 05/16/00
6,064,422 08/844,643 05/16/00
6,064,424 08/798,678 05/16/00
6,064,426 09/118,328 05/16/00
6,064,445 08/979,120 05/16/00
6,064,446 09/022,451 05/16/00
6,064,453 09/129,947 05/16/00
6,064,465 09/087,986 05/16/00
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 156 |
6,064,472 08/949,872 05/16/00
6,064,486 09/082,851 05/16/00
6,064,504 08/791,977 05/16/00
6,064,514 08/740,413 05/16/00
6,064,521 08/856,451 05/16/00
6,064,533 09/282,997 05/16/00
6,064,534 08/991,834 05/16/00
6,064,536 08/909,355 05/16/00
6,064,537 08/621,808 05/16/00
6,064,547 09/153,440 05/16/00
6,064,552 09/042,696 05/16/00
6,064,560 08/829,947 05/16/00
6,064,573 09/127,436 05/16/00
6,064,574 09/357,532 05/16/00
6,064,577 09/055,446 05/16/00
6,064,581 09/289,214 05/16/00
6,064,608 09/227,572 05/16/00
6,064,612 09/126,273 05/16/00
6,064,615 09/101,024 05/16/00
6,064,616 09/128,018 05/16/00
6,064,630 09/114,583 05/16/00
6,064,632 09/203,629 05/16/00
6,064,655 08/809,123 05/16/00
6,064,657 08/874,111 05/16/00
6,064,667 08/928,410 05/16/00
6,064,672 08/674,033 05/16/00
6,064,698 08/972,476 05/16/00
6,064,702 08/892,988 05/16/00
6,064,715 09/093,344 05/16/00
6,064,735 08/390,102 05/16/00
6,064,760 09/259,909 05/16/00
6,064,766 09/216,099 05/16/00
6,064,767 09/008,225 05/16/00
6,064,770 08/496,132 05/16/00
6,064,779 09/121,439 05/16/00
6,064,787 09/128,934 05/16/00
6,064,821 09/058,171 05/16/00
6,064,823 09/273,016 05/16/00
6,064,828 08/354,058 05/16/00
6,064,830 09/283,740 05/16/00
6,064,831 09/262,050 05/16/00
6,064,834 08/810,222 05/16/00
6,064,837 09/185,602 05/16/00
6,064,863 08/972,076 05/16/00
6,064,867 08/922,328 05/16/00
6,064,886 08/942,231 05/16/00
6,064,890 08/997,675 05/16/00
6,064,891 09/114,283 05/16/00
6,064,892 08/844,372 05/16/00
6,064,901 09/098,593 05/16/00
6,064,903 09/221,337 05/16/00
6,064,909 09/056,957 05/16/00
6,064,917 08/995,724 05/16/00
6,064,925 08/924,033 05/16/00
6,064,932 08/983,424 05/16/00
6,064,935 08/771,656 05/16/00
6,064,940 08/648,429 05/16/00
6,064,955 09/058,924 05/16/00
6,064,965 09/146,384 05/16/00
6,064,968 09/139,502 05/16/00
6,064,971 08/476,483 05/16/00
6,064,996 08/939,316 05/16/00
6,064,997 08/821,673 05/16/00
6,065,009 09/009,748 05/16/00
6,065,028 08/716,818 05/16/00
6,065,031 08/853,616 05/16/00
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 157 |
6,065,040 08/984,154 05/16/00
6,065,054 08/888,415 05/16/00
6,065,059 08/762,911 05/16/00
6,065,083 09/138,118 05/16/00
6,065,086 09/024,615 05/16/00
6,065,098 08/932,826 05/16/00
6,065,101 08/873,991 05/16/00
6,065,107 09/141,925 05/16/00
6,065,109 08/795,440 05/16/00
6,065,110 09/020,631 05/16/00
6,065,117 08/895,514 05/16/00
6,065,127 09/152,441 05/16/00
6,065,132 09/084,385 05/16/00
6,065,139 08/829,090 05/16/00
6,065,143 08/905,542 05/16/00
PATENTS WHICH EXPIRED ON May 18, 2008
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
Number Number Date
6,735,779 10/191,046 05/18/04
6,735,783 10/159,409 05/18/04
6,735,803 10/159,672 05/18/04
6,735,809 10/141,734 05/18/04
6,735,825 10/298,411 05/18/04
6,735,827 10/328,256 05/18/04
6,735,836 10/257,284 05/18/04
6,735,841 10/242,072 05/18/04
6,735,869 10/361,426 05/18/04
6,735,871 10/191,257 05/18/04
6,735,872 10/395,158 05/18/04
6,735,880 09/444,261 05/18/04
6,735,881 10/358,685 05/18/04
6,735,896 09/516,516 05/18/04
6,735,897 10/268,591 05/18/04
6,735,920 09/937,763 05/18/04
6,735,922 10/109,076 05/18/04
6,735,924 10/046,779 05/18/04
6,735,933 10/038,794 05/18/04
6,735,942 10/110,299 05/18/04
6,735,944 10/192,144 05/18/04
6,735,957 10/403,124 05/18/04
6,735,958 10/412,485 05/18/04
6,735,966 10/183,537 05/18/04
6,735,969 10/209,271 05/18/04
6,735,986 10/367,876 05/18/04
6,736,001 09/958,957 05/18/04
6,736,002 10/157,707 05/18/04
6,736,003 10/097,562 05/18/04
6,736,004 09/882,408 05/18/04
6,736,006 10/039,080 05/18/04
6,736,007 10/111,380 05/18/04
6,736,008 10/300,751 05/18/04
6,736,015 10/286,713 05/18/04
6,736,026 10/436,952 05/18/04
6,736,028 10/220,826 05/18/04
6,736,034 10/299,091 05/18/04
6,736,041 09/781,898 05/18/04
6,736,069 10/106,064 05/18/04
6,736,070 10/368,401 05/18/04
6,736,072 10/198,655 05/18/04
6,736,081 10/407,378 05/18/04
6,736,085 09/926,545 05/18/04
6,736,086 10/218,980 05/18/04
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 158 |
6,736,087 10/449,784 05/18/04
6,736,099 10/141,138 05/18/04
6,736,104 10/312,377 05/18/04
6,736,114 10/237,096 05/18/04
6,736,118 10/293,357 05/18/04
6,736,124 10/360,519 05/18/04
6,736,127 10/062,012 05/18/04
6,736,135 10/174,311 05/18/04
6,736,145 09/952,542 05/18/04
6,736,154 10/024,087 05/18/04
6,736,168 10/106,686 05/18/04
6,736,172 10/069,010 05/18/04
6,736,183 10/167,426 05/18/04
6,736,191 10/135,899 05/18/04
6,736,192 10/093,014 05/18/04
6,736,193 09/946,949 05/18/04
6,736,203 09/846,941 05/18/04
6,736,226 10/133,594 05/18/04
6,736,227 10/172,950 05/18/04
6,736,228 09/997,644 05/18/04
6,736,234 10/448,783 05/18/04
6,736,239 10/453,431 05/18/04
6,736,255 09/926,276 05/18/04
6,736,256 10/134,659 05/18/04
6,736,274 09/932,203 05/18/04
6,736,278 10/151,602 05/18/04
6,736,282 10/161,466 05/18/04
6,736,284 09/981,773 05/18/04
6,736,294 10/246,498 05/18/04
6,736,295 10/143,911 05/18/04
6,736,296 10/413,512 05/18/04
6,736,300 10/100,132 05/18/04
6,736,310 10/372,511 05/18/04
6,736,314 09/877,533 05/18/04
6,736,329 10/297,658 05/18/04
6,736,331 10/181,482 05/18/04
6,736,341 10/149,610 05/18/04
6,736,355 10/171,875 05/18/04
6,736,359 10/186,802 05/18/04
6,736,363 10/373,176 05/18/04
6,736,380 10/327,119 05/18/04
6,736,385 10/018,247 05/18/04
6,736,399 10/099,167 05/18/04
6,736,401 10/027,573 05/18/04
6,736,405 10/006,594 05/18/04
6,736,408 10/057,114 05/18/04
6,736,412 09/679,035 05/18/04
6,736,414 10/225,639 05/18/04
6,736,417 08/646,530 05/18/04
6,736,418 10/153,992 05/18/04
6,736,423 10/195,799 05/18/04
6,736,435 10/354,979 05/18/04
6,736,436 10/428,990 05/18/04
6,736,459 10/249,543 05/18/04
6,736,462 10/319,693 05/18/04
6,736,464 09/889,923 05/18/04
6,736,468 10/330,452 05/18/04
6,736,469 10/042,379 05/18/04
6,736,471 10/230,993 05/18/04
6,736,478 10/205,306 05/18/04
6,736,485 10/390,850 05/18/04
6,736,517 10/085,246 05/18/04
6,736,520 09/861,988 05/18/04
6,736,522 10/300,489 05/18/04
6,736,523 09/798,549 05/18/04
6,736,529 10/438,439 05/18/04
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 159 |
6,736,530 10/155,464 05/18/04
6,736,549 10/166,181 05/18/04
6,736,550 10/631,633 05/18/04
6,736,558 10/113,172 05/18/04
6,736,573 10/283,900 05/18/04
6,736,578 10/153,906 05/18/04
6,736,587 10/104,168 05/18/04
6,736,589 10/203,606 05/18/04
6,736,590 09/889,986 05/18/04
6,736,593 10/108,530 05/18/04
6,736,609 10/100,056 05/18/04
6,736,614 09/959,218 05/18/04
6,736,615 10/290,724 05/18/04
6,736,624 09/979,310 05/18/04
6,736,630 10/453,299 05/18/04
6,736,633 09/830,512 05/18/04
6,736,647 09/979,613 05/18/04
6,736,648 10/277,746 05/18/04
6,736,650 10/420,107 05/18/04
6,736,656 10/329,177 05/18/04
6,736,660 10/252,333 05/18/04
6,736,665 10/190,407 05/18/04
6,736,666 10/107,116 05/18/04
6,736,669 10/342,468 05/18/04
6,736,677 10/328,793 05/18/04
6,736,679 10/231,310 05/18/04
6,736,685 10/267,100 05/18/04
6,736,686 09/911,971 05/18/04
6,736,695 10/437,705 05/18/04
6,736,702 10/219,370 05/18/04
6,736,706 10/308,409 05/18/04
6,736,715 09/798,690 05/18/04
6,736,730 10/228,074 05/18/04
6,736,733 10/067,799 05/18/04
6,736,735 09/997,728 05/18/04
6,736,738 10/132,955 05/18/04
6,736,750 10/284,062 05/18/04
6,736,751 10/313,512 05/18/04
6,736,758 10/294,527 05/18/04
6,736,760 10/396,783 05/18/04
6,736,761 09/985,916 05/18/04
6,736,763 10/303,971 05/18/04
6,736,764 09/950,296 05/18/04
6,736,783 09/808,449 05/18/04
6,736,801 09/622,603 05/18/04
6,736,802 10/308,272 05/18/04
6,736,806 10/207,073 05/18/04
6,736,832 09/897,330 05/18/04
6,736,833 10/163,360 05/18/04
6,736,836 09/788,309 05/18/04
6,736,878 10/093,380 05/18/04
6,736,889 10/402,062 05/18/04
6,736,893 10/124,542 05/18/04
6,736,901 10/206,973 05/18/04
6,736,905 10/082,508 05/18/04
6,736,915 10/124,975 05/18/04
6,736,921 09/689,006 05/18/04
6,736,950 10/018,391 05/18/04
6,736,970 09/980,440 05/18/04
6,736,977 09/705,542 05/18/04
6,736,978 10/017,467 05/18/04
6,736,991 10/365,750 05/18/04
6,736,992 10/145,649 05/18/04
6,736,995 10/059,429 05/18/04
6,737,020 09/723,731 05/18/04
6,737,040 09/762,027 05/18/04
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 160 |
6,737,047 09/902,660 05/18/04
6,737,052 09/653,465 05/18/04
6,737,058 09/912,741 05/18/04
6,737,066 09/565,906 05/18/04
6,737,067 09/744,659 05/18/04
6,737,086 10/057,601 05/18/04
6,737,102 10/284,972 05/18/04
6,737,105 09/916,692 05/18/04
6,737,112 10/376,053 05/18/04
6,737,116 10/090,636 05/18/04
6,737,117 10/116,953 05/18/04
6,737,118 10/121,381 05/18/04
6,737,131 09/439,973 05/18/04
6,737,139 09/430,008 05/18/04
6,737,140 09/822,935 05/18/04
6,737,141 10/192,136 05/18/04
6,737,142 10/102,137 05/18/04
6,737,184 09/986,638 05/18/04
6,737,211 10/131,501 05/18/04
6,737,223 09/903,077 05/18/04
6,737,230 10/165,967 05/18/04
6,737,237 09/631,594 05/18/04
6,737,239 10/272,466 05/18/04
6,737,248 08/781,986 05/18/04
6,737,253 09/581,822 05/18/04
6,737,254 09/950,999 05/18/04
6,737,293 10/050,667 05/18/04
6,737,296 10/157,505 05/18/04
6,737,314 10/121,711 05/18/04
6,737,336 10/183,408 05/18/04
6,737,373 10/161,353 05/18/04
6,737,376 09/743,244 05/18/04
6,737,381 10/018,885 05/18/04
6,737,382 10/279,053 05/18/04
6,737,386 09/579,658 05/18/04
6,737,393 10/635,498 05/18/04
6,737,399 10/085,572 05/18/04
6,737,410 09/678,554 05/18/04
6,737,412 09/439,429 05/18/04
6,737,413 09/910,087 05/18/04
6,737,426 10/148,078 05/18/04
6,737,428 10/310,274 05/18/04
6,737,434 10/380,828 05/18/04
6,737,437 09/738,670 05/18/04
6,737,442 10/152,333 05/18/04
6,737,443 09/622,781 05/18/04
6,737,452 10/404,610 05/18/04
6,737,460 09/101,836 05/18/04
6,737,469 09/965,076 05/18/04
6,737,474 10/290,515 05/18/04
6,737,483 09/806,954 05/18/04
6,737,488 10/082,607 05/18/04
6,737,495 10/149,719 05/18/04
6,737,499 10/146,370 05/18/04
6,737,501 10/336,380 05/18/04
6,737,509 09/518,842 05/18/04
6,737,513 09/067,447 05/18/04
6,737,518 09/700,035 05/18/04
6,737,525 10/044,049 05/18/04
6,737,533 10/335,727 05/18/04
6,737,537 10/146,971 05/18/04
6,737,541 10/169,344 05/18/04
6,737,542 09/937,122 05/18/04
6,737,545 09/646,884 05/18/04
6,737,548 10/312,852 05/18/04
6,737,551 10/204,264 05/18/04
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 161 |
6,737,569 09/683,928 05/18/04
6,737,596 10/431,802 05/18/04
6,737,598 10/316,757 05/18/04
6,737,605 10/349,353 05/18/04
6,737,610 10/338,617 05/18/04
6,737,621 10/279,886 05/18/04
6,737,631 09/840,208 05/18/04
6,737,632 10/050,111 05/18/04
6,737,633 10/302,912 05/18/04
6,737,656 10/084,452 05/18/04
6,737,665 10/070,192 05/18/04
6,737,709 09/210,540 05/18/04
6,737,735 10/373,110 05/18/04
6,737,742 10/241,995 05/18/04
6,737,749 10/028,814 05/18/04
6,737,764 10/048,746 05/18/04
6,737,773 10/251,256 05/18/04
6,737,775 09/937,491 05/18/04
6,737,777 10/024,160 05/18/04
6,737,781 09/836,617 05/18/04
6,737,784 09/971,544 05/18/04
6,737,786 10/079,482 05/18/04
6,737,787 10/326,686 05/18/04
6,737,792 09/740,791 05/18/04
6,737,794 10/350,108 05/18/04
6,737,795 10/238,797 05/18/04
6,737,801 09/891,972 05/18/04
6,737,808 09/645,059 05/18/04
6,737,845 10/177,558 05/18/04
6,737,870 10/287,537 05/18/04
6,737,871 10/352,289 05/18/04
6,737,873 09/978,290 05/18/04
6,737,876 10/122,062 05/18/04
6,737,888 09/435,864 05/18/04
6,737,889 10/226,609 05/18/04
6,737,894 10/249,700 05/18/04
6,737,915 10/292,959 05/18/04
6,737,917 10/221,891 05/18/04
6,737,945 10/001,624 05/18/04
6,737,951 10/285,951 05/18/04
6,737,958 09/714,706 05/18/04
6,737,963 09/822,432 05/18/04
6,738,007 10/031,934 05/18/04
6,738,020 10/153,515 05/18/04
6,738,035 09/584,951 05/18/04
6,738,036 09/920,826 05/18/04
6,738,070 10/042,083 05/18/04
6,738,084 09/395,395 05/18/04
6,738,103 09/880,929 05/18/04
6,738,113 10/164,700 05/18/04
6,738,127 10/422,103 05/18/04
6,738,135 10/153,135 05/18/04
6,738,140 09/954,086 05/18/04
6,738,141 09/493,214 05/18/04
6,738,142 09/794,335 05/18/04
6,738,147 10/104,354 05/18/04
6,738,169 09/615,701 05/18/04
6,738,176 10/135,073 05/18/04
6,738,191 10/249,019 05/18/04
6,738,216 10/131,089 05/18/04
6,738,217 10/234,833 05/18/04
6,738,221 09/424,178 05/18/04
6,738,225 10/199,280 05/18/04
6,738,229 09/752,374 05/18/04
6,738,267 10/111,049 05/18/04
6,738,277 10/287,746 05/18/04
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 162 |
6,738,312 10/311,170 05/18/04
6,738,315 10/447,951 05/18/04
6,738,327 09/836,235 05/18/04
6,738,330 09/808,031 05/18/04
6,738,337 09/875,947 05/18/04
6,738,363 09/435,260 05/18/04
6,738,401 09/975,082 05/18/04
6,738,406 10/194,977 05/18/04
6,738,426 09/731,003 05/18/04
6,738,445 09/449,827 05/18/04
6,738,471 09/656,203 05/18/04
6,738,484 09/969,764 05/18/04
6,738,497 09/850,348 05/18/04
6,738,544 10/167,071 05/18/04
6,738,558 10/124,722 05/18/04
6,738,566 09/898,782 05/18/04
6,738,568 10/325,507 05/18/04
6,738,573 10/611,740 05/18/04
6,738,578 09/320,347 05/18/04
6,738,585 10/246,695 05/18/04
6,738,602 09/419,010 05/18/04
6,738,609 09/641,285 05/18/04
6,738,624 09/714,840 05/18/04
6,738,633 09/735,399 05/18/04
6,738,638 09/602,244 05/18/04
6,738,641 09/721,471 05/18/04
6,738,683 09/655,602 05/18/04
6,738,685 10/320,723 05/18/04
6,738,690 10/215,239 05/18/04
6,738,691 10/147,141 05/18/04
6,738,707 10/003,365 05/18/04
6,738,719 09/951,925 05/18/04
6,738,724 10/162,408 05/18/04
6,738,725 10/327,853 05/18/04
6,738,735 09/611,822 05/18/04
6,738,741 10/298,494 05/18/04
6,738,742 10/364,851 05/18/04
6,738,753 09/642,356 05/18/04
6,738,761 09/661,379 05/18/04
6,738,791 09/955,944 05/18/04
6,738,828 09/611,943 05/18/04
6,738,832 09/895,459 05/18/04
6,738,843 09/790,427 05/18/04
6,738,849 09/842,279 05/18/04
6,738,851 09/865,005 05/18/04
6,738,863 09/992,284 05/18/04
6,738,866 09/850,897 05/18/04
6,738,912 09/893,413 05/18/04
6,738,917 09/753,916 05/18/04
6,738,944 09/532,864 05/18/04
6,738,948 09/829,224 05/18/04
6,738,974 09/151,041 05/18/04
6,738,979 09/565,622 05/18/04
| Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 06/09/2008 |
Patents Reinstated Due to the Acceptance of a
Late Maintenance Fee from 06/09/2008
Patent Application Filing Issue Granted
Number Number Date Date Date
5,170,942 07/753,404 08/30/91 12/15/92 06/11/08
5,323,867 07/847,627 03/06/92 06/28/94 06/11/08
5,384,428 07/995,737 12/22/92 01/24/95 06/11/08
5,422,998 08/153,200 11/15/93 06/06/95 06/09/08
5,425,757 08/065,863 05/21/93 06/20/95 06/11/08
5,441,018 08/211,780 04/14/94 08/15/95 06/11/08
5,482,629 08/350,849 12/07/94 01/09/96 06/12/08
5,485,883 08/423,024 04/17/95 01/23/96 06/12/08
5,489,139 08/430,760 04/27/95 02/06/96 06/09/08
5,492,372 08/330,747 10/28/94 02/20/96 06/11/08
5,501,495 08/196,467 02/15/94 03/26/96 06/11/08
5,515,920 08/330,373 10/27/94 05/14/96 06/13/08
5,720,519 08/276,179 07/15/94 02/24/98 06/11/08
5,758,663 08/628,822 04/05/96 06/02/98 06/09/08
5,792,210 08/664,998 06/10/96 08/11/98 06/11/08
5,871,006 08/763,162 12/10/96 02/16/99 06/10/08
5,921,654 08/840,220 04/11/97 07/13/99 06/10/08
5,959,589 08/887,472 07/02/97 09/28/99 06/11/08
5,982,334 08/962,176 10/31/97 11/09/99 06/11/08
5,984,872 08/987,922 07/14/97 11/16/99 06/12/08
5,996,592 09/239,464 01/28/99 12/07/99 06/09/08
6,008,925 08/887,947 07/03/97 12/28/99 06/12/08
6,015,557 09/275,070 03/23/99 01/18/00 06/10/08
6,018,833 09/151,241 09/14/98 02/01/00 06/11/08
6,027,026 08/933,071 09/18/97 02/22/00 06/09/08
6,048,374 08/912,485 08/18/97 04/11/00 06/15/08
6,049,573 08/989,219 12/11/97 04/11/00 06/12/08
6,050,735 09/335,833 06/18/99 04/18/00 06/10/08
6,312,593 09/299,241 04/23/99 11/06/01 06/13/08
6,332,253 09/515,641 02/29/00 12/25/01 06/13/08
6,347,243 09/035,393 03/05/98 02/12/02 06/12/08
6,393,211 09/449,966 11/26/99 05/21/02 06/12/08
6,439,853 09/315,736 05/20/99 08/27/02 06/10/08
6,494,524 10/164,858 06/07/02 12/17/02 06/09/08
6,511,850 09/614,368 07/12/00 01/28/03 06/13/08
6,533,736 09/579,486 05/30/00 03/18/03 06/13/08
6,557,030 09/584,832 05/31/00 04/29/03 06/12/08
6,571,745 10/007,345 10/25/01 06/03/03 06/09/08
6,605,082 09/895,408 07/02/01 08/12/03 06/11/08
6,606,344 10/011,113 11/13/01 08/12/03 06/09/08
6,621,609 09/806,163 03/27/01 09/16/03 06/12/08
6,631,649 10/142,701 05/09/02 10/14/03 06/10/08
6,663,654 10/001,678 10/23/01 12/16/03 06/09/08
6,667,063 10/252,954 09/23/02 12/23/03 06/13/08
6,676,188 10/336,361 01/02/03 01/13/04 06/09/08
6,677,858 09/583,150 05/30/00 01/13/04 06/12/08
6,684,926 09/874,250 06/06/01 02/03/04 06/13/08
6,685,187 09/241,678 02/02/99 02/03/04 06/09/08
6,694,044 09/654,300 09/01/00 02/17/04 06/09/08
6,707,608 09/529,007 02/20/01 03/16/04 06/12/08
6,725,267 09/709,948 11/10/00 04/20/04 06/12/08
6,726,724 10/143,284 05/10/02 04/27/04 06/12/08
6,733,074 10/184,252 06/28/02 05/11/04 06/09/08
6,748,347 09/668,394 09/22/00 06/08/04 06/10/08
| Reissue Applications Filed |
Reissue Applications Filed
Notice under 37 CFR 1.11(b). The reissue applications listed below
are open to public inspection by the general public through the Image
File Wrapper (IFW) system (http://portal.uspto.gov/external/portal/pair)
on the USPTO internet web site (www.uspto.gov), and copies may be
obtained by paying the fee therefor (37 CFR 1.19).
6,001,876, Re. S.N. 11/983,750, Nov. 09, 2007, Cl./Sub 514/561,
ISOBUTYLGABA AND ITS DERIVATIVES FOR THE TREATMENT OF PAIN, Lakhbir Singh,
Owner of Record: Warner-Lambert Company LLC, New York, NY, Attorney or
Agent: Rudolf E. Hutz, Ex. Gp.: 1614
6,090,812, Re. S.N. 12/081,710, Apr. 18, 2008, Cl. 514/255, PIPERAZINE
AND PIPERIDINE COMPOUNDS, Roelof Willem Feenstra, et al., Owner of Record:
Duphur International Research B.V., Attorney or Agent: Ningling Wang,
Ex. Gp.: 1614
6,542,564, Re. S.N. 11/932,893, Oct. 31, 2007, Cl. 369/047, METHOD AND
APPARATUS FOR COMPENSATING REPRODUCED AUDIO SIGNALS OF AN OPTICAL DISC,
Jae Ryong Cho, Owner of Record: LG Electronics Inc., Seoul, KR, Attorney
or Agent: David E. A. Jordan, Ex. Gp.: 2627
6,724,174, Re. S.N. 11/409,549, Apr. 20, 2008, Cl./Sub 323/224,
ADJUSTABLE MINIMUM PEAK INDUCTOR CURRENT LEVEL FOR BURST MODE IN CURRENT-
MODE DC-DC REGULATORS, Joey Martin Esteves, et al., Owner of Record:
Linear Technology Corporation, Milpitas, CA, Attorney or Agent: Chi-Hsin
Chang, Ex. Gp: 2838
6,887,996, Re. S.N. 12/007,463, Jan. 10, 2008, Cl. 514/309, COMPOUNDS
AND THEIR USE, Dava V. Ferraris et. al., Owner of Record: GUILFORD
PHARMACEUTICALS INC., Baltimore, MD., Attorney or Agent: Donald K. Drummond,
Ex. Gp.: 1614
6,894,108, Re. S.N. 11/727,416, Mar. 26, 2007, Cl./Sub 524/556, FINE
POLYMER PARTICLES FOR PLASTISOL, PROCESS FOR PRODUCING THE SAME, AND
HALOGEN-FREE PLASTISOL COMPOSITION AND ARTICLE MADE WITH THE SAME,
Toshihiro Kosai, et al., Owner of Record: Mitsubishi Rayson Company, Ltd.,
Tokyo, Japan, Attorney or Agent: Richard L. Treanor, Ex. Gp.: 1714
6,905,156, Re. S.N. 12/128,855, May 29, 2008, Cl. 296/050, AUTOMOTIVE
CLOSURE PANEL WITH PIVOT-MOUNTED ALIGNMENT SYSTEM, Scott G. Miller et. al.,
Owner of Record: FORD GLOBAL TECHNOLOGIES, LLC., Dearborn, MI, Attorney or
Agent: John D. Russell, Ex. Gp.: 3612
6,931,874, Re. S.N. 11/843,316, Aug. 22, 2007, Cl./Sub 062/235,
ICE MAKER AND A METHOD OF MAKING ICE, Steve Dawe, et al., Owner of Record:
Ice Research Inc., Concorde, ON, Canada, Attorney or Agent: Richard A.
Arrett, Ex. Gp: 3744
6,948,658, Re. S.N. 11/862,526, Sep. 27, 2007, Cl. 382/305, METHOD FOR
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 165 |
AUTOMATICALLY INTEGRATING DIGITAL DATA, Jewel Tsai, et al., Owner of
Record: Transpacific Optics LLC, Wilmington, DE, Attorney or Agent:
Rajiv P. Sarathy, Ex. Gp.: 2624
6,963,335, Re. S.N. 11/880,423, Jul. 20, 2007, Cl. 345/204, ACTIVE
MATRIX TYPE DISPLAY APPARATUS, METHOD FOR DRIVING THE SAME, AND DISPLAY
ELEMENT, Yukio Tanaka et al., Owner of Record: Matsushita Electric
Industrial Co., LTD, Kadoma-shi, JP, Attorney or Agent: Curtis B. Hamre,
Ex. Gp.: 2629
6,989,763, Re. S.N. 12/019,399, Jan. 24, 2008, Cl. 341/176, WEB-BASED
UNIVERSAL REMOTE CONTROL, Justin D. Wall et al., Owner of Record:
Generation 2 Technology, LLC, Reading, PA, Attorney or Agent: Chad D.
Tillman, Ex. Gp.: 2612
6,989,763, Re. S.N. 12/019,417, Jan. 24, 2008, Cl. 341/176, WEB-BASED
UNIVERSAL REMOTE CONTROL, Justin D. Wall et al., Owner of Record:
Generation 2 Technology, LLC, Reading, PA, Attorney or Agent: Chad D.
Tillman, Ex. Gp.: 2612
6,999,094, Re. S.N. 12/068,571, Feb. 07, 2008, Cl. 345/435, GAME DEVICE,
GAME PROCESSING METHOD AND INFORMATION RECORDING MEDIUM, Masaaki Ito,
Owner of Record: Kabushiki Kaisha Sega D/B/A Sega Corporation, Tokyo, JP,
Attorney or Agent: Anthony J. Lombardi, Ex. Gp.: 3714
7,009,741, Re. S.N. 12/044,649, Mar. 07, 2008, Cl./Sub 359/009,
COMPUTATION OF COMPUTER GENERATED HOLOGRAMS, Douglas Payne, Owner of
Record: F. Poszat Hu, LLC, Wilmington, DE, Attorney or Agent: Bryan D.
Kirkpatrick, Ex. Gp: 2872
7,076,726, Re. S.N. 12/132,538, Jun. 03, 2008, Cl./Sub 714/790,
METHOD FOR MATCHING RATE IN MOBILE COMMUNICATION SYSTEM, Young Woo Yun,
et al., Owner of Record: LG Information & Communication, Ltd., Seoul,
Korea, Attorney or Agent: Lew Edward V. Macapagal, Ex. Gp: 2112
7,087,600, Re. S.N. 12/126,731, May 23, 2008, Cl./Sub 424/435,
PEPTIDYL PRODRUGS AND LINKERS AND STABILIZERS USEFUL THEREFOR, Howard P.
Ng, et al., Owner of Record: Medarex, Inc., Princeton, NJ, Attorney or
Agent: Bruce E. Black, Ex. Gp: 1654
7,097,732, Re. S.N. 12/155,565, Jun. 05, 2008, Cl./Sub 156/304,
JOINING METHOD AND APPARATUS OF SINGLE VENEER PIECE, Mikio Tsutsui, et al.,
Owner of Record: Meinan Machinery Works, Inc., Aichi, Japan, Attorney or
Agent: Darren Crew, Ex. Gp: 1734
7,107,389, Re. S.N. 12/016,751, Jan. 18, 2008, Cl./Sub 711/220,
SEMICONDUCTOR MEMORY DEVICE AND METHOD FOR WRITING DATA INTO FLASH MEMORY,
Yoshihisa Inagaki, et al., Owner of Record: Matsushita Electric Industrial
Co., Ltd., Osaka, Japan, Attorney or Agent: Bruce H. Bernstein,
Ex. Gp: 2189
7,111,614, Re. S.N. 12/079,411, Mar. 26, 2008, Cl./Sub 123/478,
SINGLE FLUID INJECTOR WITH RATE SHAPING CAPIBILITY, Dana R. Coldren,
et al., Owner of Record: Caterpillar Inc, Peoria, IL, Attorney or Agent:
Michael B. McNeil, Ex. Gp: 3747
7,278,934, Re. S.N. 12/119,951, May 13, 2008, Cl. 473/432, BASEBALL
CATCHING AND THROWING SYSTEM, Kevin S. McBride, et al., Owner of Record:
Inventors, Attorney or Agent: Dale J. Ream, Ex. Gp.: 3711
| Requests for Ex Parte Reexamination Filed |
Requests for Ex Parte Reexamination Filed
5,340,742, Reexam. C.N. 90/009,134, Requested Date: May 02, 2008,
Cl. 435/256.8, Title: PROCESS FOR GROWING THRAUSTOCHYTRIUM AND
SCHIZOCHYTRIUM USING NON-CHLORIDE SALTS TO PRODUCE A MICROFLORAL BIOMASS
HAVING OMEGA-3 HIGHLY UNSATURATED FATTY ACIDS, Inventor: William R. Barclay,
Owners of Record: Martek Biosciences Corporation, Columbia, MD, Attorney or
Agent: Sheridan Ross, PC, Denver, CO, Ex. Gp.: 3991, Requester: Lonza AG,
Basel, Switzerland, Susan E. Shaw McBee, Womble Carlyle Sandridge & Rice,
PLLC, Tysons Corner, VA
5,889,839, Reexam. C.N. 90/010,168, Requested Date: May 16, 2008,
Cl. 379/088.12, Title: SYSTEM AND METHOD FOR PROVIDING AUTOMATED MESSAGE
NOTIFICATION IN A WIRELESS COMMUNICATION SYSTEM, Inventor: William J. Beyda
et al., Owners of Record: Research In Motion Limited, Ontario, Canada,
Attorney or Agent: Siemens Corporation, Iselin, NJ, Ex. Gp.: 3992,
Requester: Visto Corporation, Redwood City, CA, Shawn G. Hansen, Manatt
Phelps & Phillips, LLP, Palo Alto, CA
6,213,979, Reexam. C.N. 90/010,167, Requested Date: May 15, 2008,
Cl. 604/174, Title: MEDICAL LINE ANCHORING SYSTEM, Inventor: Steven F.
Bierman, Owners of Record: Venetec International, Inc., Mission Viejo, CA,
Attorney or Agent: Knobbe Martens Olson & Bear, Newport Beach, CA,
Ex. Gp.: 3993, Requester: Nexus Medical, LLC, Lenexa, KS, Scott R. Brown,
Hovey Williams, LLP, Overland Park, KS
6,241,753, Reexam. C.N. 90/010,166, Requested Date: May 15, 2008,
Cl. 607/099, Title: METHOD FOR SCAR COLLAGEN FORMATION AND CONTRACTION,
Inventor: Edward W. Knowlton, Owners of Record: Thermage, Inc., Hayward,
CA, Attorney or Agent: Wood Herron & Evans, LLP, Cincinnati, OH,
Ex. Gp.: 3993, Requester: Alma Lasers, Inc., Buffalo Grove, IL, Hugh A.
Abrams, Sidley Austin, LLP, Chicago, IL
6,315,616, Reexam. C.N. 90/009,131, Requested Date: May 05, 2008,
Cl. 439/638, Title: PLUG CONNECTOR AND SOCKET CONNECTOR, Inventor: Koji
Hayashi, Owners of Record: Japan Aviation Electronics Industry, Limited,
Tokyo, Japan, Attorney or Agent: Michael Best & Friedrich, LLP, Chicago,
IL, Ex. Gp.: 3992, Requester: Clement Cheng, Newhope Law, PC, Fountain
Valley, CA
6,377,855, Reexam. C.N. 90/010,169, Requested Date: May 19, 2008,
Cl. 606/033, Title: METHOD AND APPARATUS FOR CONTROLLED CONTRACTION OF
COLLAGEN TISSUE, Inventor: Edward W. Knowlton, Owners of Record: Thermage,
Inc., Alamo, CA, Attorney or Agent: Wood Herron & Evans, LLP, Cincinnati,
OH, Ex. Gp.: 3993, Requester: Alma Lasers, Inc., Buffalo Grove, IL,
Hugh A. Abrams, Sidley Austin, LLP, Chicago, IL
6,381,498, Reexam. C.N. 90/010,170, Requested Date: May 19, 2008,
Cl. 606/033, Title: METHOD AND APPARATUS FOR CONTROLLED CONTRACTION OF
COLLAGEN TISSUE, Inventor: Edward W. Knowlton, Owners of Record:
Thermage, Inc., Alamo, CA, Attorney or Agent: Wood Herron & Evans, LLP,
Cincinnati, OH, Ex. Gp.: 3993, Requester: Alma Lasers, Inc., Buffalo Grove,
IL, Hugh A. Abrams, Sidley Austin, LLP, Chicago, IL
6,405,090, Reexam. C.N. 90/010,165, Requested Date: May 15, 2008,
Cl. 607/102, Title: METHOD AND APPARATUS FOR TIGHTENING SKIN BY CONTROLLED
CONTRACTION OF COLLAGEN TISSUE, Inventor: Edward W. Knowlton, Owners of
Record: Thermage, Inc., Alamo, CA, Attorney or Agent: Heller Ehrman, LLP,
Menlo Park, CA, Ex. Gp.: 3993, Requester: Alma Lasers, Inc., Buffalo Grove,
IL, Hugh A. Abrams, Sidley Austin, LLP, Chicago, IL
6,572,952, Reexam. C.N. 90/009,132, Requested Date: May 02, 2008,
Cl. 428/192, Title: SHOCK ABSORBING CARPET SYSTEM, Inventor: Ray D. Kanter,
Owners of Record: Ray D. Kanter, Dallas, TX, Attorney or Agent: Gardere
Wynne Sewell, LLP, Dallas, TX, Ex. Gp.: 3991, Requester: Patent Owner
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 167 |
6,611,686, Reexam. C.N. 90/009,121, Requested Date: May 27, 2008,
Cl. 340/002.1, Title: TRACKING CONTROL AND LOGISTICS SYSTEM AND METHOD,
Inventor: Joseph D. Smith et al., Owners of Record: Joseph D. Smith,
Henderson, TX, Attorney or Agent: Kenneth L. Nash, Houston, TX,
Ex. Gp.: 3992, Requester: Robert A. Koons, Jr., Drinker Biddle & Reath,
Philadelphia, PA
6,936,986, Reexam. C.N. 90/009,136, Requested Date: May 06, 2008,
Cl. 318/445, Title: DEVICE FOR SENSING AN OBSTACLE IN THE OPENING RANGE OF
A POWERED CLOSURE ELEMENT FOR A MOTOR VEHICLE, Inventor: Roland Nuber,
Owners of Record: Metzeler Automotive Profile Systems, GMBH, Lindau,
Germany, Attorney or Agent: Harter Secrest & Emery, LLP, Rochester, NY,
Ex. Gp.: 3992, Requester: Nartron Corporation, Reed City, MI, Robert C.J.
Tuttle, Brooks Kushman, PC, Southfield, MI
7,015,666, Reexam. C.N. 90/009,135, Requested Date: May 06, 2008,
Cl. 318/286, Title: DEVICE SOR SENSING AN OBSTACLE IN THE OPENING RANGE OF
A CLOSURE ELEMENT OF A MONITOR VEHICLE, Inventor: Steffen Staus, Owners of
Record: Metzeler Automotive Profile Systems GMBH, Lindau, Germany, Attorney
or Agent: Harter Secrest & Emery, LLP, Rochester, NY, Ex. Gp.: 3992,
Requester: Nartron Corporation, Reed City, MI, Robert C.J. Tuttle, Brooks
Kushman, PC, Southfield, MI
7,308,712, Reexam. C.N. 90/009,120, Requested Date: May 29, 2008,
Cl. 726/022, Title: AUTOMATED COMPUTER VULNERABILITY RESOLUTION SYSTEM,
Inventor: Carl E. Banzhof, Owners of Record: McAfee Inc., Santa Clara, CA,
Attorney or Agent: Conley Rose, PC, Plano, TX, Ex. Gp.: 3992, Requester:
Cynthia K. Nicholson, Posz Law Group, PLC, Reston, VA
| Requests for Inter Partes Reexamination Filed |
Requests for Inter Partes Reexamination Filed
RE. 40,216, Reexam. C.N. 95/000,370, Requested Date: May 21, 2008,
Cl. 042/071.01, Title: MODULAR SLEEVE, Inventor: Richard E. Swan, Owners of
Record: Richard E. Swan, East Bridgewater, MA, Attorney or Agent: Barlow
Josephs & Holmes, LTD., Providence, RI, Ex. Gp.: 3993, Requester: Third
Party Requester: Patriot Ordnance Factory, Inc., Glendale, AZ; (Att'y Is:
Robert A. Parsons, Phoenix, AZ), Real Party in Interest: Same As Third
Party Requester
7,069,235, Reexam. C.N. 95/001,047, Requested Date: May 30, 2008,
Cl. May 026, Title: SYSTEM AND METHOD FOR MULTI-SOURCE TRANSACTION
PROCESSING, Inventor: Igor Postelnik et al., Owners of Record: Versata
Computer Industry Solutions, Inc., Austin, TX, Attorney or Agent: Hamilton
& Terrile, LLP, Austin, TX, Ex. Gp.: 3993, Requester: Third Party Requester:
SAP Americas, Inc., Newton Square, PA; (Atty' Is: Tracy W. Druce, Novak
Druce & Quigg, LLP, Houston, TX), Real Party in Interest: Same As Third
Party Requester
7,216,651, Reexam. C.N. 95/001,048, Requested Date: May 30, 2008,
Cl. 128/897, Title: WOUND TREATMENT EMPLOYING REDUCED PRESSURE, Inventor:
Louis C. Argenta et al., Owners of Record: Wake Forest University Health
Sciences, Winston-Salem, NC, Attorney or Agent: Dann Dorfman Herrell &
Skillman, Philadelphia, PA, Ex. Gp.: 3993, Requester: Third Party Requester:
BlueSky Medical Group, Inc.; Smith & Nephew, Inc.; (Att'y Is: Sabing H. Lee,
Knobbe Martens Olson & Bear, LLP, Irvine, CA), Real Party in Interest:
Same As Third Party Requester
7,231,363, Reexam. C.N. 95/001,049, Requested Date: Jun. 3, 2008,
Cl. 705/037, Title: METHOD AND SYSTEM FOR REBROKERING ORDERS IN A TRADING
SYSTEM, Inventor: Webster Hughes, Owners of Record: Wall Corporation,
Greenwich, CT, Attorney or Agent: Kaplan Gilman Gibson & Dernier, LLP,
Woodbridge, NJ, Ex. Gp.: 3993, Requester: Third Party Requester: BondDesk
Group, LLC, and BondDesk Trading, LLC; (Att'y Is: James M. Denaro,
Morrison & Foerster, LLP, McLean, VA), Real Party in Interest: Same As Third
Party Requester
| Notice of Expiration of Trademark Registrations Due to Failure to Renew |
Notice of Expiration of Trademark Registrations
Due to Failure to Renew
15 U.S.C. 1059 provides that each trademark registration may be
renewed for periods of ten years from the end of the expiring period
upon payment of the prescribed fee and the filing of an acceptable
application for renewal. This may be done at any time within one year
before the expiration of the period for which the registration was
issued or renewed, or it may be done within six months after such
expiration on payment of an additional fee.
According to the records of the Office, the trademark registrations
listed below are expired due to failure to renew in accordance with 15
U.S.C. 1059.
TRADEMARK REGISTRATIONS WHICH EXPIRED
June 13, 2008
DUE TO FAILURE TO RENEW
Reg. Number Serial Number Reg. Date
65,092 71/021,025 09/10/1907
65,204 71/027,963 09/10/1907
232,394 71/211,841 09/06/1927
232,365 71/230,270 09/06/1927
232,265 71/238,243 09/06/1927
232,330 71/241,993 09/06/1927
232,350 71/244,090 09/06/1927
232,156 71/247,300 09/06/1927
232,268 71/247,860 09/06/1927
338,457 71/375,678 09/08/1936
349,848 71/392,277 09/07/1937
422,766 71/488,248 08/13/1946
432,587 71/496,622 09/09/1947
432,607 71/500,674 09/09/1947
432,654 71/507,583 09/09/1947
432,670 71/510,215 09/09/1947
651,556 71/678,933 09/10/1957
651,385 72/004,937 09/10/1957
651,435 72/010,511 09/10/1957
651,412 72/014,399 09/10/1957
651,533 72/014,681 09/10/1957
651,445 72/023,539 09/10/1957
651,411 72/023,632 09/10/1957
835,019 72/217,135 09/12/1967
834,949 72/219,604 09/12/1967
835,039 72/222,937 09/12/1967
835,164 72/226,183 09/12/1967
835,260 72/226,631 09/12/1967
835,230 72/226,835 09/12/1967
834,927 72/227,808 09/12/1967
835,166 72/228,065 09/12/1967
835,266 72/231,685 09/12/1967
834,957 72/232,785 09/12/1967
834,951 72/234,442 09/12/1967
835,021 72/235,158 09/12/1967
835,175 72/238,138 09/12/1967
835,245 72/239,307 09/12/1967
835,233 72/240,327 09/12/1967
835,246 72/240,945 09/12/1967
835,007 72/241,891 09/12/1967
835,254 72/242,900 09/12/1967
835,046 72/243,097 09/12/1967
835,186 72/243,123 09/12/1967
834,971 72/243,680 09/12/1967
835,189 72/244,599 09/12/1967
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 170 |
835,190 72/244,834 09/12/1967
835,055 72/245,252 09/12/1967
834,982 72/246,219 09/12/1967
834,954 72/246,263 09/12/1967
834,917 72/246,967 09/12/1967
835,264 72/248,106 09/12/1967
835,076 72/248,683 09/12/1967
835,225 72/249,031 09/12/1967
835,125 72/249,385 09/12/1967
835,047 72/249,781 09/12/1967
834,988 72/250,018 09/12/1967
834,968 72/250,025 09/12/1967
835,200 72/250,143 09/12/1967
835,295 72/250,498 09/12/1967
834,925 72/251,450 09/12/1967
835,209 72/251,739 09/12/1967
835,285 72/251,864 09/12/1967
835,001 72/252,043 09/12/1967
835,050 72/252,241 09/12/1967
835,003 72/252,631 09/12/1967
834,944 72/252,673 09/12/1967
835,153 72/254,372 09/12/1967
834,991 72/254,541 09/12/1967
835,136 72/255,145 09/12/1967
834,932 72/255,954 09/12/1967
835,121 72/256,761 09/12/1967
834,973 72/257,083 09/12/1967
834,965 72/258,172 09/12/1967
835,090 72/259,265 09/12/1967
834,935 72/259,472 09/12/1967
834,936 72/259,473 09/12/1967
834,937 72/259,489 09/12/1967
835,144 72/259,612 09/12/1967
834,939 72/264,786 09/12/1967
834,974 72/267,493 09/12/1967
835,141 72/268,006 09/12/1967
834,977 72/268,558 09/12/1967
834,995 72/268,653 09/12/1967
1,072,465 73/037,278 09/06/1977
1,072,530 73/041,004 09/06/1977
1,072,531 73/057,580 09/06/1977
1,072,568 73/072,489 09/06/1977
1,072,943 73/079,321 09/06/1977
1,072,536 73/079,471 09/06/1977
1,072,898 73/080,001 09/06/1977
1,072,573 73/081,015 09/06/1977
1,072,935 73/083,750 09/06/1977
1,072,936 73/083,764 09/06/1977
1,072,937 73/083,766 09/06/1977
1,072,575 73/084,327 09/06/1977
1,072,907 73/091,056 09/06/1977
1,072,539 73/093,882 09/06/1977
1,072,618 73/094,062 09/06/1977
1,072,910 73/094,951 09/06/1977
1,072,952 73/096,282 09/06/1977
1,072,621 73/097,740 09/06/1977
1,072,747 73/099,241 09/06/1977
1,072,616 73/099,449 09/06/1977
1,072,710 73/100,128 09/06/1977
1,072,496 73/102,468 09/06/1977
1,072,756 73/102,974 09/06/1977
1,072,654 73/104,133 09/06/1977
1,072,553 73/105,054 09/06/1977
1,072,596 73/105,310 09/06/1977
1,072,554 73/105,393 09/06/1977
1,072,657 73/105,605 09/06/1977
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 171 |
1,072,789 73/105,642 09/06/1977
1,072,679 73/105,665 09/06/1977
1,072,681 73/106,787 09/06/1977
1,072,673 73/108,243 09/06/1977
1,072,701 73/108,244 09/06/1977
1,072,851 73/108,245 09/06/1977
1,072,865 73/109,071 09/06/1977
1,072,662 73/110,576 09/06/1977
1,072,628 73/110,877 09/06/1977
1,072,629 73/110,878 09/06/1977
1,072,630 73/110,879 09/06/1977
1,072,704 73/111,474 09/06/1977
1,072,483 73/111,911 09/06/1977
1,072,485 73/112,422 09/06/1977
1,072,830 73/113,056 09/06/1977
1,072,805 73/114,353 09/06/1977
1,072,850 73/115,007 09/06/1977
1,338,825 73/348,157 06/04/1985
1,456,186 73/387,445 09/08/1987
1,456,188 73/432,973 09/08/1987
1,456,389 73/475,903 09/08/1987
1,455,985 73/502,611 09/08/1987
1,456,127 73/524,502 09/08/1987
1,457,047 73/527,708 09/08/1987
1,456,128 73/531,604 09/08/1987
1,456,832 73/544,480 09/08/1987
1,456,541 73/547,103 09/08/1987
1,456,087 73/550,868 09/08/1987
1,456,417 73/552,075 09/08/1987
1,456,195 73/553,725 09/08/1987
1,456,703 73/555,923 09/08/1987
1,456,197 73/558,610 09/08/1987
1,456,045 73/559,828 09/08/1987
1,456,393 73/575,634 09/08/1987
1,456,203 73/575,977 09/08/1987
1,456,523 73/577,665 09/08/1987
1,456,419 73/580,552 09/08/1987
1,456,134 73/581,165 09/08/1987
1,456,833 73/581,599 09/08/1987
1,457,037 73/583,580 09/08/1987
1,456,466 73/585,914 09/08/1987
1,456,135 73/586,831 09/08/1987
1,457,051 73/589,293 09/08/1987
1,456,803 73/589,448 09/08/1987
1,456,583 73/589,713 09/08/1987
1,456,640 73/590,981 09/08/1987
1,456,933 73/591,292 09/08/1987
1,456,467 73/591,723 09/08/1987
1,456,681 73/592,122 09/08/1987
1,456,863 73/595,403 09/08/1987
1,456,210 73/595,846 09/08/1987
1,456,137 73/596,360 09/08/1987
1,456,934 73/597,101 09/08/1987
1,456,138 73/597,578 09/08/1987
1,456,211 73/597,663 09/08/1987
1,456,584 73/598,007 09/08/1987
1,457,040 73/598,338 09/08/1987
1,456,397 73/598,839 09/08/1987
1,456,213 73/599,984 09/08/1987
1,456,935 73/600,237 09/08/1987
1,456,215 73/601,020 09/08/1987
1,457,041 73/602,054 09/08/1987
1,456,217 73/602,455 09/08/1987
1,456,218 73/602,477 09/08/1987
1,456,683 73/603,430 09/08/1987
1,457,045 73/603,528 09/08/1987
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 172 |
1,457,046 73/603,530 09/08/1987
1,456,423 73/603,977 09/08/1987
1,456,887 73/603,994 09/08/1987
1,456,888 73/604,258 09/08/1987
1,456,889 73/604,259 09/08/1987
1,456,890 73/604,260 09/08/1987
1,456,220 73/604,347 09/08/1987
1,456,369 73/604,623 09/08/1987
1,456,771 73/604,765 09/08/1987
1,456,941 73/604,915 09/08/1987
1,456,561 73/604,974 09/08/1987
1,456,684 73/605,121 09/08/1987
1,456,891 73/605,282 09/08/1987
1,456,398 73/606,343 09/08/1987
1,456,097 73/607,037 09/08/1987
1,455,992 73/607,108 09/08/1987
1,456,426 73/607,297 09/08/1987
1,456,645 73/607,804 09/08/1987
1,456,223 73/607,937 09/08/1987
1,456,224 73/607,942 09/08/1987
1,456,098 73/608,017 09/08/1987
1,456,142 73/608,221 09/08/1987
1,456,562 73/608,240 09/08/1987
1,456,774 73/608,295 09/08/1987
1,456,471 73/608,452 09/08/1987
1,456,371 73/608,798 09/08/1987
1,455,994 73/608,866 09/08/1987
1,456,516 73/609,397 09/08/1987
1,456,231 73/609,798 09/08/1987
1,455,998 73/609,802 09/08/1987
1,456,237 73/610,543 09/08/1987
1,456,634 73/610,671 09/08/1987
1,456,238 73/610,684 09/08/1987
1,456,777 73/610,866 09/08/1987
1,456,240 73/611,035 09/08/1987
1,456,242 73/611,177 09/08/1987
1,456,243 73/611,426 09/08/1987
1,457,036 73/612,007 09/08/1987
1,456,146 73/612,434 09/08/1987
1,456,102 73/612,817 09/08/1987
1,456,246 73/612,964 09/08/1987
1,456,103 73/613,076 09/08/1987
1,456,057 73/613,347 09/08/1987
1,456,837 73/613,835 09/08/1987
1,456,247 73/613,951 09/08/1987
1,456,002 73/614,192 09/08/1987
1,456,104 73/614,226 09/08/1987
1,456,527 73/615,195 09/08/1987
1,456,372 73/615,245 09/08/1987
1,456,528 73/615,435 09/08/1987
1,456,427 73/615,827 09/08/1987
1,456,895 73/616,768 09/08/1987
1,456,781 73/617,311 09/08/1987
1,456,148 73/617,573 09/08/1987
1,457,020 73/617,639 09/08/1987
1,457,038 73/618,238 09/08/1987
1,456,253 73/618,455 09/08/1987
1,456,589 73/618,536 09/08/1987
1,456,256 73/620,055 09/08/1987
1,456,782 73/620,358 09/08/1987
1,455,976 73/621,322 09/08/1987
1,456,647 73/621,709 09/08/1987
1,456,870 73/621,883 09/08/1987
1,456,061 73/621,987 09/08/1987
1,456,430 73/622,446 09/08/1987
1,456,262 73/623,211 09/08/1987
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 173 |
1,456,263 73/623,912 09/08/1987
1,456,460 73/623,934 09/08/1987
1,456,708 73/624,060 09/08/1987
1,456,531 73/624,191 09/08/1987
1,456,956 73/624,318 09/08/1987
1,456,648 73/624,440 09/08/1987
1,456,481 73/624,467 09/08/1987
1,456,957 73/624,728 09/08/1987
1,456,484 73/625,132 09/08/1987
1,456,266 73/625,401 09/08/1987
1,456,592 73/625,621 09/08/1987
1,456,958 73/625,759 09/08/1987
1,456,268 73/627,006 09/08/1987
1,456,485 73/627,157 09/08/1987
1,456,269 73/628,021 09/08/1987
1,456,689 73/628,169 09/08/1987
1,456,004 73/628,234 09/08/1987
1,456,271 73/628,261 09/08/1987
1,456,962 73/628,329 09/08/1987
1,455,953 73/628,352 09/08/1987
1,456,149 73/628,365 09/08/1987
1,456,760 73/628,511 09/08/1987
1,456,964 73/628,901 09/08/1987
1,456,151 73/629,162 09/08/1987
1,456,181 73/629,304 09/08/1987
1,457,022 73/629,423 09/08/1987
1,456,543 73/629,480 09/08/1987
1,456,401 73/629,990 09/08/1987
1,456,487 73/630,024 09/08/1987
1,456,709 73/630,204 09/08/1987
1,456,277 73/630,715 09/08/1987
1,456,152 73/630,923 09/08/1987
1,455,958 73/631,514 09/08/1987
1,456,967 73/631,948 09/08/1987
1,456,005 73/632,055 09/08/1987
1,456,784 73/632,091 09/08/1987
1,456,968 73/632,430 09/08/1987
1,456,064 73/632,501 09/08/1987
1,455,977 73/633,093 09/08/1987
1,456,283 73/633,907 09/08/1987
1,456,518 73/634,207 09/08/1987
1,456,008 73/634,393 09/08/1987
1,456,841 73/634,492 09/08/1987
1,456,289 73/634,610 09/08/1987
1,456,710 73/635,354 09/08/1987
1,456,969 73/635,498 09/08/1987
1,456,153 73/635,603 09/08/1987
1,456,433 73/635,612 09/08/1987
1,456,970 73/635,671 09/08/1987
1,456,904 73/635,977 09/08/1987
1,456,905 73/635,978 09/08/1987
1,456,814 73/636,095 09/08/1987
1,456,377 73/636,287 09/08/1987
1,456,293 73/636,334 09/08/1987
1,457,042 73/636,556 09/08/1987
1,456,693 73/637,203 09/08/1987
1,456,066 73/637,248 09/08/1987
1,456,378 73/637,321 09/08/1987
1,456,379 73/637,322 09/08/1987
1,456,714 73/637,888 09/08/1987
1,456,787 73/638,177 09/08/1987
1,456,403 73/638,182 09/08/1987
1,456,155 73/638,356 09/08/1987
1,456,015 73/638,357 09/08/1987
1,456,016 73/638,368 09/08/1987
1,456,982 73/638,778 09/08/1987
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 174 |
1,456,908 73/638,831 09/08/1987
1,456,068 73/638,871 09/08/1987
1,456,295 73/638,876 09/08/1987
1,456,984 73/638,879 09/08/1987
1,456,569 73/638,927 09/08/1987
1,456,156 73/639,061 09/08/1987
1,456,986 73/639,619 09/08/1987
1,456,823 73/640,188 09/08/1987
1,456,910 73/640,209 09/08/1987
1,456,437 73/640,678 09/08/1987
1,456,824 73/640,836 09/08/1987
1,456,994 73/640,894 09/08/1987
1,456,694 73/640,976 09/08/1987
1,456,793 73/640,982 09/08/1987
1,456,383 73/641,292 09/08/1987
1,456,913 73/641,350 09/08/1987
1,456,914 73/641,363 09/08/1987
1,456,440 73/641,412 09/08/1987
1,457,001 73/641,517 09/08/1987
1,456,655 73/641,521 09/08/1987
1,456,825 73/641,676 09/08/1987
1,456,022 73/641,755 09/08/1987
1,457,003 73/641,789 09/08/1987
1,456,855 73/641,794 09/08/1987
1,457,025 73/641,872 09/08/1987
1,456,071 73/641,936 09/08/1987
1,457,006 73/641,955 09/08/1987
1,457,007 73/641,967 09/08/1987
1,456,311 73/641,976 09/08/1987
1,455,978 73/641,991 09/08/1987
1,457,010 73/642,085 09/08/1987
1,457,011 73/642,152 09/08/1987
1,456,796 73/642,170 09/08/1987
1,456,919 73/642,243 09/08/1987
1,456,828 73/642,261 09/08/1987
1,456,871 73/642,360 09/08/1987
1,456,570 73/642,528 09/08/1987
1,456,162 73/642,572 09/08/1987
1,456,860 73/642,714 09/08/1987
1,457,016 73/642,827 09/08/1987
1,456,319 73/642,833 09/08/1987
1,456,722 73/642,873 09/08/1987
1,456,024 73/642,881 09/08/1987
1,456,635 73/642,890 09/08/1987
1,456,723 73/642,907 09/08/1987
1,456,322 73/642,995 09/08/1987
1,456,920 73/643,026 09/08/1987
1,456,696 73/643,039 09/08/1987
1,456,164 73/643,095 09/08/1987
1,456,830 73/643,126 09/08/1987
1,456,861 73/643,155 09/08/1987
1,455,962 73/643,160 09/08/1987
1,456,165 73/643,166 09/08/1987
1,456,598 73/643,269 09/08/1987
1,456,030 73/643,314 09/08/1987
1,456,576 73/643,430 09/08/1987
1,456,182 73/643,523 09/08/1987
1,456,848 73/643,538 09/08/1987
1,456,849 73/643,540 09/08/1987
1,456,727 73/643,567 09/08/1987
1,456,661 73/643,574 09/08/1987
1,456,728 73/643,593 09/08/1987
1,456,386 73/643,655 09/08/1987
1,456,577 73/643,684 09/08/1987
1,456,730 73/643,743 09/08/1987
1,456,731 73/643,748 09/08/1987
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 175 |
1,456,329 73/643,768 09/08/1987
1,456,408 73/643,775 09/08/1987
1,456,443 73/643,787 09/08/1987
1,456,603 73/643,926 09/08/1987
1,456,497 73/644,041 09/08/1987
1,456,604 73/644,084 09/08/1987
1,456,168 73/644,088 09/08/1987
1,456,605 73/644,220 09/08/1987
1,456,606 73/644,221 09/08/1987
1,456,608 73/644,314 09/08/1987
1,456,078 73/644,326 09/08/1987
1,455,966 73/644,336 09/08/1987
1,456,331 73/644,368 09/08/1987
1,456,079 73/644,400 09/08/1987
1,455,968 73/644,487 09/08/1987
1,456,335 73/644,510 09/08/1987
1,456,336 73/644,599 09/08/1987
1,455,969 73/644,625 09/08/1987
1,456,751 73/644,723 09/08/1987
1,456,035 73/644,758 09/08/1987
1,456,446 73/644,781 09/08/1987
1,456,500 73/644,819 09/08/1987
1,456,338 73/644,832 09/08/1987
1,456,448 73/644,836 09/08/1987
1,456,581 73/644,862 09/08/1987
1,456,449 73/645,179 09/08/1987
1,456,086 73/645,184 09/08/1987
1,456,342 73/645,233 09/08/1987
1,456,410 73/645,278 09/08/1987
1,456,345 73/645,311 09/08/1987
1,456,411 73/645,406 09/08/1987
1,456,502 73/645,475 09/08/1987
1,456,506 73/645,790 09/08/1987
1,456,674 73/645,934 09/08/1987
1,456,508 73/645,971 09/08/1987
1,456,623 73/646,097 09/08/1987
1,456,510 73/646,192 09/08/1987
1,456,752 73/646,193 09/08/1987
1,456,547 73/646,221 09/08/1987
1,456,453 73/646,343 09/08/1987
1,456,357 73/646,359 09/08/1987
1,456,359 73/646,522 09/08/1987
1,456,174 73/646,747 09/08/1987
1,456,175 73/646,748 09/08/1987
1,456,552 73/646,750 09/08/1987
1,456,554 73/646,935 09/08/1987
1,456,744 73/647,187 09/08/1987
1,456,745 73/647,492 09/08/1987
1,456,557 73/647,704 09/08/1987
1,456,363 73/653,993 09/08/1987
2,093,919 73/804,125 09/09/1997
2,093,921 74/059,953 09/09/1997
2,093,926 74/235,327 09/09/1997
2,095,404 74/300,289 09/09/1997
2,093,931 74/336,294 09/09/1997
2,095,409 74/359,209 09/09/1997
2,095,410 74/365,273 09/09/1997
2,093,937 74/419,569 09/09/1997
2,095,426 74/425,824 09/09/1997
2,095,427 74/426,637 09/09/1997
2,093,940 74/427,456 09/09/1997
2,093,943 74/440,806 09/09/1997
2,095,457 74/492,092 09/09/1997
2,095,458 74/495,832 09/09/1997
2,093,958 74/505,886 09/09/1997
2,095,467 74/512,122 09/09/1997
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 176 |
2,095,468 74/514,703 09/09/1997
2,095,479 74/526,928 09/09/1997
2,095,489 74/541,314 09/09/1997
2,093,974 74/546,615 09/09/1997
2,095,499 74/557,422 09/09/1997
2,093,982 74/559,815 09/09/1997
2,093,985 74/563,981 09/09/1997
2,093,988 74/573,094 09/09/1997
2,095,511 74/574,906 09/09/1997
2,095,512 74/575,082 09/09/1997
2,095,522 74/589,942 09/09/1997
2,095,529 74/596,330 09/09/1997
2,093,993 74/596,948 09/09/1997
2,093,994 74/596,949 09/09/1997
2,093,996 74/598,936 09/09/1997
2,095,534 74/599,910 09/09/1997
2,095,536 74/602,400 09/09/1997
2,093,999 74/605,255 09/09/1997
2,095,540 74/609,472 09/09/1997
2,095,550 74/620,006 09/09/1997
2,094,014 74/629,019 09/09/1997
2,095,558 74/630,042 09/09/1997
2,095,562 74/634,064 09/09/1997
2,095,568 74/637,872 09/09/1997
2,095,569 74/638,207 09/09/1997
2,094,022 74/640,090 09/09/1997
2,094,023 74/640,144 09/09/1997
2,095,573 74/640,185 09/09/1997
2,095,578 74/647,501 09/09/1997
2,095,580 74/649,736 09/09/1997
2,095,590 74/654,250 09/09/1997
2,095,592 74/656,553 09/09/1997
2,094,034 74/657,893 09/09/1997
2,095,600 74/662,152 09/09/1997
2,095,603 74/663,916 09/09/1997
2,095,604 74/664,054 09/09/1997
2,095,606 74/665,608 09/09/1997
2,095,609 74/666,556 09/09/1997
2,094,051 74/670,872 09/09/1997
2,094,056 74/675,201 09/09/1997
2,095,631 74/678,460 09/09/1997
2,095,632 74/678,508 09/09/1997
2,095,633 74/678,573 09/09/1997
2,095,642 74/682,758 09/09/1997
2,095,644 74/683,212 09/09/1997
2,095,655 74/691,380 09/09/1997
2,095,658 74/694,059 09/09/1997
2,095,668 74/697,229 09/09/1997
2,095,672 74/698,638 09/09/1997
2,094,085 74/701,214 09/09/1997
2,094,086 74/701,215 09/09/1997
2,094,088 74/701,441 09/09/1997
2,095,685 74/704,230 09/09/1997
2,095,689 74/706,929 09/09/1997
2,095,706 74/714,358 09/09/1997
2,095,708 74/714,555 09/09/1997
2,094,112 74/722,665 09/09/1997
2,095,723 74/723,510 09/09/1997
2,095,732 74/727,430 09/09/1997
2,095,733 74/727,431 09/09/1997
2,095,740 74/729,180 09/09/1997
2,094,127 74/729,805 09/09/1997
2,094,128 74/730,909 09/09/1997
2,094,132 74/733,352 09/09/1997
2,094,135 74/734,091 09/09/1997
2,094,146 75/001,050 09/09/1997
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2,095,770 75/006,059 09/09/1997
2,094,159 75/007,377 09/09/1997
2,095,775 75/007,895 09/09/1997
2,094,176 75/013,666 09/09/1997
2,095,824 75/022,462 09/09/1997
2,095,826 75/022,715 09/09/1997
2,095,833 75/024,890 09/09/1997
2,095,838 75/026,353 09/09/1997
2,094,217 75/033,668 09/09/1997
2,095,865 75/036,435 09/09/1997
2,094,225 75/036,830 09/09/1997
2,095,879 75/040,864 09/09/1997
2,094,248 75/043,046 09/09/1997
2,094,253 75/044,581 09/09/1997
2,095,894 75/045,348 09/09/1997
2,094,258 75/045,701 09/09/1997
2,095,898 75/046,474 09/09/1997
2,095,902 75/047,155 09/09/1997
2,094,263 75/047,231 09/09/1997
2,094,271 75/048,825 09/09/1997
2,095,911 75/049,303 09/09/1997
2,094,275 75/049,363 09/09/1997
2,094,277 75/049,860 09/09/1997
2,095,916 75/050,151 09/09/1997
2,094,281 75/050,738 09/09/1997
2,094,288 75/051,736 09/09/1997
2,094,292 75/052,689 09/09/1997
2,094,296 75/053,892 09/09/1997
2,095,929 75/054,326 09/09/1997
2,095,930 75/054,328 09/09/1997
2,095,931 75/054,415 09/09/1997
2,094,299 75/054,714 09/09/1997
2,094,300 75/054,960 09/09/1997
2,095,938 75/055,442 09/09/1997
2,095,945 75/055,643 09/09/1997
2,094,312 75/056,618 09/09/1997
2,095,949 75/058,386 09/09/1997
2,094,318 75/058,393 09/09/1997
2,095,957 75/059,871 09/09/1997
2,094,334 75/061,928 09/09/1997
2,094,336 75/062,131 09/09/1997
2,094,353 75/065,330 09/09/1997
2,095,978 75/066,631 09/09/1997
2,094,362 75/067,200 09/09/1997
2,095,983 75/067,996 09/09/1997
2,094,386 75/071,430 09/09/1997
2,094,387 75/071,432 09/09/1997
2,096,000 75/072,548 09/09/1997
2,096,002 75/073,178 09/09/1997
2,094,396 75/073,313 09/09/1997
2,094,399 75/073,777 09/09/1997
2,096,008 75/074,852 09/09/1997
2,094,407 75/074,902 09/09/1997
2,096,011 75/076,571 09/09/1997
2,094,420 75/076,935 09/09/1997
2,096,020 75/078,482 09/09/1997
2,094,447 75/080,139 09/09/1997
2,094,451 75/080,368 09/09/1997
2,094,453 75/080,571 09/09/1997
2,094,455 75/081,206 09/09/1997
2,094,458 75/081,738 09/09/1997
2,094,464 75/083,533 09/09/1997
2,094,466 75/083,892 09/09/1997
2,096,028 75/083,894 09/09/1997
2,096,038 75/087,062 09/09/1997
2,094,486 75/088,557 09/09/1997
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2,094,488 75/089,300 09/09/1997
2,094,492 75/090,031 09/09/1997
2,094,497 75/091,247 09/09/1997
2,094,508 75/093,194 09/09/1997
2,094,509 75/093,338 09/09/1997
2,094,512 75/093,697 09/09/1997
2,094,526 75/096,230 09/09/1997
2,094,546 75/100,219 09/09/1997
2,096,060 75/103,931 09/09/1997
2,094,571 75/104,747 09/09/1997
2,094,575 75/105,345 09/09/1997
2,096,068 75/105,918 09/09/1997
2,096,070 75/106,196 09/09/1997
2,094,593 75/108,911 09/09/1997
2,094,595 75/109,001 09/09/1997
2,094,600 75/109,892 09/09/1997
2,096,077 75/111,641 09/09/1997
2,094,610 75/111,835 09/09/1997
2,094,612 75/112,673 09/09/1997
2,096,081 75/115,594 09/09/1997
2,096,082 75/115,844 09/09/1997
2,094,640 75/118,080 09/09/1997
2,096,088 75/118,817 09/09/1997
2,094,656 75/122,662 09/09/1997
2,096,095 75/123,953 09/09/1997
2,094,670 75/124,689 09/09/1997
2,094,676 75/125,487 09/09/1997
2,096,098 75/126,403 09/09/1997
2,094,696 75/129,639 09/09/1997
2,094,698 75/130,094 09/09/1997
2,094,706 75/131,640 09/09/1997
2,094,714 75/132,625 09/09/1997
2,094,715 75/132,641 09/09/1997
2,094,730 75/134,083 09/09/1997
2,094,740 75/135,147 09/09/1997
2,096,109 75/136,148 09/09/1997
2,094,750 75/136,228 09/09/1997
2,094,754 75/136,769 09/09/1997
2,094,756 75/137,021 09/09/1997
2,096,110 75/138,757 09/09/1997
2,094,782 75/140,591 09/09/1997
2,096,111 75/140,673 09/09/1997
2,094,792 75/141,858 09/09/1997
2,094,813 75/143,961 09/09/1997
2,094,824 75/144,708 09/09/1997
2,094,825 75/145,062 09/09/1997
2,094,829 75/145,208 09/09/1997
2,094,834 75/146,622 09/09/1997
2,094,836 75/146,686 09/09/1997
2,094,840 75/147,060 09/09/1997
2,094,843 75/147,369 09/09/1997
2,094,847 75/148,444 09/09/1997
2,094,848 75/148,480 09/09/1997
2,094,873 75/150,631 09/09/1997
2,094,875 75/150,662 09/09/1997
2,094,880 75/151,115 09/09/1997
2,094,893 75/152,879 09/09/1997
2,094,903 75/153,699 09/09/1997
2,094,913 75/154,234 09/09/1997
2,094,930 75/155,236 09/09/1997
2,094,932 75/155,287 09/09/1997
2,094,933 75/155,288 09/09/1997
2,094,944 75/155,756 09/09/1997
2,094,947 75/155,770 09/09/1997
2,094,949 75/155,835 09/09/1997
2,094,964 75/156,960 09/09/1997
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2,094,965 75/156,975 09/09/1997
2,094,970 75/157,515 09/09/1997
2,094,973 75/157,831 09/09/1997
2,094,975 75/158,468 09/09/1997
2,094,987 75/159,381 09/09/1997
2,095,006 75/160,861 09/09/1997
2,095,037 75/163,088 09/09/1997
2,095,045 75/163,646 09/09/1997
2,095,052 75/164,208 09/09/1997
2,095,065 75/164,828 09/09/1997
2,095,072 75/165,421 09/09/1997
2,095,081 75/165,807 09/09/1997
2,095,082 75/165,824 09/09/1997
2,095,114 75/168,017 09/09/1997
2,095,119 75/169,002 09/09/1997
2,095,120 75/169,054 09/09/1997
2,095,121 75/169,220 09/09/1997
2,095,123 75/169,624 09/09/1997
2,095,151 75/172,779 09/09/1997
2,096,180 75/173,287 09/09/1997
2,095,158 75/173,584 09/09/1997
2,095,162 75/174,431 09/09/1997
2,095,169 75/175,098 09/09/1997
2,095,178 75/175,919 09/09/1997
2,095,179 75/175,920 09/09/1997
2,095,180 75/176,016 09/09/1997
2,095,194 75/177,130 09/09/1997
2,096,120 75/177,335 09/09/1997
2,096,121 75/177,818 09/09/1997
2,095,198 75/178,000 09/09/1997
2,095,199 75/178,001 09/09/1997
2,095,206 75/179,170 09/09/1997
2,095,230 75/183,120 09/09/1997
2,095,231 75/183,244 09/09/1997
2,095,236 75/183,443 09/09/1997
2,095,240 75/183,775 09/09/1997
2,095,246 75/184,726 09/09/1997
2,095,247 75/184,728 09/09/1997
2,095,248 75/184,741 09/09/1997
2,095,254 75/185,820 09/09/1997
2,095,264 75/187,233 09/09/1997
2,095,272 75/188,561 09/09/1997
2,095,277 75/188,981 09/09/1997
2,095,289 75/190,280 09/09/1997
2,095,301 75/193,866 09/09/1997
2,095,304 75/195,012 09/09/1997
2,095,306 75/195,334 09/09/1997
2,095,343 75/207,493 09/09/1997
2,095,354 75/213,115 09/09/1997
2,095,362 75/215,683 09/09/1997
2,095,365 75/216,754 09/09/1997
2,095,375 75/218,678 09/09/1997
2,095,376 75/218,788 09/09/1997
2,095,383 75/220,012 09/09/1997
2,095,385 75/222,025 09/09/1997
2,095,395 75/231,129 09/09/1997
2,096,123 75/975,633 09/09/1997
2,095,397 75/975,797 09/09/1997
2,096,124 75/975,864 09/09/1997
2,096,127 75/976,073 09/09/1997
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to registrant at the last
known address having been returned by the Postal Service as undeliverable,
notice is hereby given that unless the registrant listed herein, its
assigns or legal representatives, shall enter an appearance within thirty
days of this publication, the cancellation will proceed as in the case of
default.
Aquafirm International, Inc., Wood Dale, IL, Registration No. 2646175
for the mark "AQUAFIRM", Cancellation No. 92049354.
KARL KOCHERSPERGER
Paralegal
Trademark Trial and Appeal Board, for
LYNNE G. BERESFORD
Commissioner for Trademarks
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to registrant at the last
known address having been returned by the Postal Service as undeliverable,
notice is hereby given that unless the registrant listed herein, its
assigns or legal representatives, shall enter an appearance within thirty
days of this publication, the cancellation will proceed as in the case of
default.
Keith W. Zolezzi, Grand Terrace, CA, Registration No. 2874527 for the mark
"DIRT BAG RACING", Cancellation No. 92048563.
MONIQUE TYSON
Paralegal Specialist
Trademark Trial and Appeal Board, for
LYNNE G. BERESFORD
Commissioner for Trademarks
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to registrant at the last
known address having been returned by the Postal Service as undeliverable,
notice is hereby given that unless the registrant listed herein, its
assigns or legal representatives, shall enter an appearance within thirty
days of this publication, the cancellation will proceed as in the case of
default.
Anndon Restaurant Corp., New York, NY, Registration No. 2453583 for the
mark "OHM", Cancellation No. 92048696.
MILLICENT CANADY
Trademark Trial and Appeal Board, for
LYNNE G. BERESFORD
Commissioner for Trademarks
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to registrant at the last
known address having been returned by the Postal Service as undeliverable,
| July 8, 2008 |
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notice is hereby given that unless the registrant listed herein, its
assigns or legal representatives, shall enter an appearance within thirty
days of this publication, the cancellation will proceed as in the case of
default.
RELiQ, Inc., New York, New York, Registration No. 2892912 for the mark
"FIEND", Cancellation No. 92049080.
Made On Earth, Inc., Studio City, California, Registration No. 2608618 for
the mark "CLEVER GIRL!", Cancellation No. 92049184.
VIONETTE BAEZ
Paralegal
Trademark Trial and Appeal Board, for
LYNNE G. BERESFORD
Commissioner for Trademarks
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to registrant at the last
known address having been returned by the Postal Service as undeliverable,
notice is hereby given that unless the registrant listed herein, its
assigns or legal representatives, shall enter an appearance within thirty
days of this publication, the cancellation will proceed as in the case of
default.
NAJA, LLC, Sugarloaf, Florida, Registration No. 2788215 for the mark
"I LOVE BAGELS", Cancellation No. 92049218.
JANICE HYMAN
Paralegal Specialist
Trademark Trial and Appeal Board, for
LYNNE G. BERESFORD
Commissioner for Trademarks
| 37 CFR 1.47 Notice by Publication |
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all of the inventors. The petition has been
granted. A notice has been sent to the last known address of the non-signing
inventor, Gerard Soula. The inventor whose signature is missing may join
in the application by promptly filing an appropriate oath or declaration
complying with 37 CFR 1.63. The international application number is
PCT/EP2006/050784 and was filed on 8 February 2006 in the names of Florence
Guimberteau, Remi Meyrueix, and Gerard Soula for the invention entitled
Anti-Misuse Microparticulate Oral Drug Form Detection of Resonator Motion
Using Piezoresistive Signal Downmixing. The national stage number is
11/883,935 and has a 35 U.S.C. 371(c)(1), (c)(2) and (c)(4) date of
17 April 2008.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of the inventor. The petition has been granted. A notice has
been sent to the last known address of the non-signing inventor.
The inventor whose signature is missing (Eric Keith Rowinsky) may join in
the application by promptly filing an appropriate oath or declaration
complying with 37 CFR 1.63. The international application number is
PCT/US2004/035779 and was filed 28 October 2004 in the names of
Eric Keith Rowinsky, Quincy Siu-Chung Chu, Jose Maria Jimeno Donaque and
Luis Lopez Lazaro, for the invention entitled COMBINATION THERAPY
COMPRISING THE USE OF ET-743 AND PACLITAXEL FOR TREATING CANCER. The
national stage application number is 10/579,130 and has a 35 U.S.C.
§371(c)(1), (c)(2) and (c)(4) date of 18 April 2008.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all inventors. The petition has been granted. A
notice has been sent to the last known address of the non-signing inventor.
The inventors whose signature are missing (Eduardo Diaz Del Rio Perez)
may join in the application by promptly filing an appropriate oath or
declaration complying with 37 CFR 1.63. The international application
number is PCT/IB04/01539 and was filed on 16 April 2004 in the name of
Eduardo Diaz Del Rio Perez entitled EXPLOSION-INHIBITING ARTICLES OF
MANUFACTURE. The national stage application is assigned number 10/553,663
and has a 35 U.S.C. 371(c)(1), (c)(2) and (c)(4) date of 30 October 2007.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signatures of two of the joint inventors. The petition has been granted.
A notice has been sent to the last known addresses of the non-signing
inventors. The inventors whose signatures are missing (Andrey Klimov and
Artem Yukhin) may join in the application by promptly filing an appropriate
oath or declaration complying with 37 CFR 1.63. The international
application number is PCT/RU2005/000210 and was filed on 20 April 2005 in
the name of Andrei Klimov et al for the invention entitled "Device for
Biometrically Controlling a Face Surface". The national stage application
number is 11/573,548 and has a date of 21 April 2008 under 35 U.S.C.
371(c)(1), (c)(2), and (c)(4).
Registration to Practice
The following list contains the names of persons seeking for registration
to practice before the United States Patent and Trademark Office. Final
approval for registration is subject to establishing to the satisfaction
of the Director of the Office of Enrollment and Discipline that the person
seeking registration is of good moral character and repute. 37 CFR § 11.7.
Accordingly, any information tending to affect the eligibility of any of
the following persons on moral, ethical, or other grounds should be
furnished to the Director of Enrollment and Discipline on or before July 25,
2008, at the following address: Mail Stop OED, United States Patent and
Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
Angelo, Basil Michael, 21507 Avalon Queen Drive, Spring, TX 77379
Barras, Ian Charles, Carver, Darden, Koretzky, Tessier, Finn, Blossman &
Areaux, LLC, 1100 Poydras Street, Suite 3100, New Orleans, LA 70163
Barrow, William Justin, 1664 Michigan Avenue, NE, Washington, DC 20017
Bejcek II, Robert Henry, 9722 Forge Drive, Brecksville, OH 44141
Cann, Ryan Joseph, SilverSky Group LLC, 5422 Longley Lane, Suite B,
Reno, NV 89511
Cao, Ping, 145 Fringetree Drive, West Chester, PA 19380
Cavero Tomas, Marta, 17 Parmenter Road, Wayland, MA 01778
Chen, Alan Ming-Yu, 3517 Melanie Lane, Plano, TX 75023
Cheng, Gino, 18991 Bramhall Lane, Rowland Heights, CA 91748
Choi, Thomas Y., Nortel Networks Limited, 3500 Carling Avenue, Ottawa,
ONT., K2H 8E9, Canada
Chu, Peir, 15548 NW Trakehner Way, Portland, OR 97229
Costello Jr., John Nelson, Laureate Education Inc., 145 Greenwood Creek,
Queenstown, MD 21658
Cullom, Freeman Daniel, 1816 Broderick Street, #8, San Francisco, CA 94115
Emhoff, Stacy Lynn, McDonald Hopkins LLC, 600 Superior Avenue, E,
Suite 2100, Cleveland, OH 44114
Fang, Charles Chih-Yao, 1618 Meadowlark Lane, Sunnyvale, CA 94087
Fang, Chung-Chieh, 374 W. Taylor Avenue, Apt. 1, Moscow, ID 83843
Flanagan, Justin Keith, 1452 North 200 East, Orem, UT 84057
Forest, Jeremy Scott, Finnegan, Henderson, Farabow, Garrett & Dunner LLP,
3300 Hillview Avenue, Palo Alto, CA 94304
Gabryjelski, Henry Paul, Microsoft Corporation, One Microsoft Way,
Redmond, WA 98052
Hao, Qiang, 2209 S. Braeswood Blvd #331, Houston, TX 77030
Hausman, Lawrence Stuart, MITEQ, Inc., 100 Davids Drive, Hauppauge,
NY 11788
Hawkins, Charles James, Sutherland Asbill & Brennan LLP, 1275 Pennsylvania
Avenue, NW, Washington, DC 20004
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Herriges, Nicholas Peter, 22420 SW Grahams Ferry Road, Tualatin, OR 97062
Hill, Kay Henry, Finnegan, Henderson, Farabow, Garrett & Dunner LLP,
901 New York Avenue, NW, Washington, DC 20001
Hobson, Dana Ward, Dunlap, Codding and Rogers P.C., 1601 N.W. Expressway,
Suite 1000, Oklahoma City, OK 73113
Hoffman, David Benjamin, Woodcock Washburn LLP, Cira Centre, 12th Floor,
2929 Arch Street, Philadelphia, PA 19104-2891
Jaffe, Seth Elliott, 109 Welch Street, Houston, TX 77006
Kageyama, Tsuyoshi, 752 Bounty Drive, #5206, Foster City, CA 94404
Keisner, Christopher Andrew, 101 Uptown Road, Apartment 29, Ithaca,
NY 14850
Kim, Esther, 804 South Arlington Mill Drive, #202, Arlington, VA 22204
Kim, Jae Youn, 10144 Mosby Woods Dr., Fairfax, VA 22030
Kochka, Michael Patrick, Volpe and Koenig, P.C., 124 South 16th Street,
Apartment 3F, Philadelphia, PA 19102
LaFlame, Michael Anthony, 3024 California Avenue, Baltimore, MD 21234-4141
Lee, Jia-Hai, 257 Congressional Lane, Apartment 209, Rockville, MD 20852
Li, Ningran, 25 Clifton Avenue, Apartment D512, Newark, NJ 07104
Mangat, Simmi, WI-LAN, Inc., 11 Holland Avenue, Suite 608, Ottawa,
ON K1Y 4S1, Canada
Matapurkar, Anagha Kshamasheel, Forest Laboratories, Inc., 48 Mall Drive,
Commack, NY 11725
McCaig, Joshua Michael, Shughart, Thomson & Kilroy, P.C., 120 W 12th
Street, Suite 1800, Kansas City, MO 64105
McWilliams, Elton, P.O. Box 745, Van Horn, TX 79855
Miller, Terrell Richard, 6133 Summer Creek Circle, Dallas, TX 75231
Nault, James Robert, United States Army, Navy ROTC Unit Cornell
University, Barton Hall Rm 146, Ithaca, NY 14853
Nolan, Victor Stephen, Fay Sharpe LLP, 1100 Superior Avenue, Suite 700,
Clevelend, OH 44114
Owen, Katharyn Edna, Driggs, Hogg, Daugherty; & Del Zoppo, 38500 Chardon
Road, Willoughby Hills, OH 44094
Piroozi, Hamid Reza, 13675 High Point Circle, Fishers, IN 46038
Potter, Noel Richard, 874 W 2150 S, Woods Cross, UT 84087
Ravi, Sreekanth Babu, 13400 Inverness Place, Athens, AL 35611
Rericha, Nicholaus Richard, Dinsmore & Shohl LLP, 255 East Fifth Street,
Suite 1900, Cincinnati, OH 45202
Rogers, Melissa Anne., 519 W. William Street, Delaware, OH 43015
Rotter, Jonathan Moshe, Kaye Scholer LLP, 1999 Avenue of the Stars, 17th
| July 8, 2008 |
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Floor, Los Angeles, CA 90067
Schleis, Daniel Joseph, Breiner & Breiner, LLC, 4311 Telfair Bouelvard,
Apartment C-310, Camp Springs, MD 20746
Scott, George Theodore, 602 Coolair Drive, Dallas, TX 75218
Small, Sarah Jean, Greenblum & Bernstein, P.L.C., 1950 Roland Clarke Place,
Reston, VA 20191
Smith, Kristin Denean, 1714 Gentry Square Lane, Apartment 203, Champaign,
IL 61821
Thomson, Kirsten Lynn, McDonnell Boehnen Hulbert & Berghoff LLP, 300 S.
Wacker Drive, Suite 2900, Chicago, IL 60606
Thrasher, Talbot Parker, Talbot Thrasher Inc., 4630 Jett Road, Atlanta,
GA 30327
Tu, Shine Samuel, 4042 SW 21st Lane, Gainesville, FL 32607
Vanlandingham, Brett Ashley, 819 Linlawn Drive, Wabash, IN 46992
Vasudevan, Jayasree, 1220 South Night Star Way, Anaheim, CA 92808
Vuu, Henry, 66 Cannon Boulevard, Staten Island, NY 10306
Wiggins, Memminger Edward, 205 Tyndale Court, Waxhaw, NC 28173
Wilks, Nathaniel Coen, 120 Ivy Drive Apartment #5, Charlottesville,
VA 22903
Young, Daniel Walter, Wolf; Greenfield, and Sacks, P.C., 600 Atlantic
Avenue, Boston, MA 02210
Zhu, Jin, PTC Therapeutics, 15 Roderer Drive, Raritan, NJ 08869
June 10, 2008 HARRY I. MOATZ
Director of Enrollment and Discipline
Notice of Exclusion
Phillip T. Golden, of Bellaire, Texas, Registration Number 37,631.
An Administrative Law Judge entered an initial decision dated April 21,
2008, ordering Golden be excluded. No appeal to the Director of Untied
States Patent and Trademark Office has been filed. In the absence of an
appeal, the decision of the administrative law judge becomes the decision
of the Director. 37 CFR 10.154(a). Failure to appeal is deemed to be
waiver of the right to further administrative review. 37 CFR 10.155(d).
Golden has been excluded, as of Wednesday, May 21, 2008, from practice
before the United States Patent and Trademark Office in patent, trademark,
and other non-patent law. This action is taken pursuant to 35 U.S.C. 32,
and 37 CFR 10.154(a) and 10.159(b).
June 12, 2008 HARRY I. MOATZ
Director of Enrollment and Discipline
| Miscellaneous Changes to Trademark Rules of Practice |
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 2, 3, 6 and 7
[Docket No. PTO-T-2005-0018]
RIN 0651-AB89
Miscellaneous Changes to Trademark Rules of Practice
AGENCY: United States Patent and Trademark Office, Commerce.
ACTIONS: Proposed rule.
SUMMARY: The United States Patent and Trademark Office ("Office")
proposes to amend the Trademark Rules of Practice to clarify certain
requirements for applications, intent to use documents, amendments to
classification, requests to divide, and Post Registration practice; to
modernize the language of the rules; and to make other miscellaneous
changes. For the most part, the proposed rule changes are intended to
codify existing practice, as set forth in the Trademark Manual of
Examining Procedure ("TMEP").
DATES: Comments must be received by August 11, 2008 to ensure
consideration.
ADDRESSES: The Office prefers that comments be submitted via electronic
mail message to TMRules@uspto.gov. Written comments may also be
submitted by mail to Commissioner for Trademarks, P.O. Box 1451,
Alexandria, VA 22313-1451, attention Mary Hannon; by hand delivery to
the Trademark Assistance Center, Concourse Level, James Madison
Building-East Wing, 600 Dulany Street, Alexandria, Virginia, attention
Mary Hannon; or by electronic mail message via the Federal eRulemaking
Portal. See the Federal eRulemaking Portal Web site (http://frwebgate.
access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=
http://www.regulations.gov) for additional instructions on providing
comments via the Federal eRulemaking Portal. The comments will be
available for public inspection on the Office's Web site at
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&
log=linklog&to=http://www.uspto.gov, and will also be available at the
office of the Commissioner for Trademarks, Madison East, Tenth Floor, 600
Dulany Street, Alexandria, Virginia.
FOR FURTHER INFORMATION CONTACT: Mary Hannon, Office of the Commissioner for
Trademarks, by telephone at (571) 272-9569.
SUPPLEMENTARY INFORMATION: References below to "the Act," "the
Trademark Act," or "the statute" refer to the Trademark Act of 1946,
15 U.S.C. 1051 et seq., as amended. References to "TMEP" or
"Trademark Manual of Examining Procedure" refer to the 5th edition,
September 2007. References to the Trademark Trial and Appeal Board
Manual of Procedure refer to the 2nd edition, Rev. 1, March 12, 2004.
Where appropriate, the Office proposes to reword or reorganize the
rules for clarity, and to add headings to make it easier to navigate
through the rules.
Applications for Registration
The Office proposes to amend § 2.21(a) to require that an
application must be in the English language to receive a filing date.
The Office proposes to amend § 2.23(a)(2), which requires that
a TEAS Plus applicant continue to receive communications from the
Office by electronic mail during the pendency of the application, to
add a requirement that a TEAS Plus applicant maintain a valid e-mail
correspondence address in order to maintain TEAS Plus status. If the
e-mail address changes, the applicant must notify the Office of the new
e-mail address. If applicant chooses to receive correspondence on
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paper, applicant will have to pay the processing fee required by
§§ 2.6(a)(1)(iv) and 2.23(b).
The Office proposes to amend § 2.32(a)(3)(iii) to indicate that
the requirement for inclusion of the names and citizenship of the
general partners in an application by a partnership applies only to
domestic partnerships. Because the Office does not track the varying
legal effects of partnership status in foreign countries, and the
relevance of this additional information has not been established, this
requirement does not apply to foreign partnerships. This is consistent
with TMEP section 803.03(b).
The Office proposes to add new § 2.32(a)(3)(iv) to provide that
if the applicant is a domestic joint venture, the application must
include the names and citizenship of all active members of the joint
venture. This is consistent with TMEP section 803.03(b).
The Office proposes to amend §§ 2.32(a)(7) and (a)(8) to
change periods to semi-colons.
The Office proposes to add new § 2.32(a)(9), providing that if
a mark includes non-English wording, the applicant must submit an
English translation of that wording; and new § 2.32(a)(10),
providing that if the mark includes non-Latin characters, the applicant
must submit a transliteration of those characters and either a
translation of the corresponding non-English word(s) or a statement
that the transliterated term has no meaning in English. This is
consistent with the long-standing practice of the Office. TMEP sections
809 et seq.
The Office proposes to amend § 2.33(b)(1) to remove the
requirement that an application include a verified statement that the
applicant "has adopted" the mark. This language is not required by
statute and is deemed unnecessary.
The Office proposes to amend §§ 2.34(a)(1)(i), (a)(2),
(a)(3)(i), and (a)(4)(ii) to change "must allege" to "must also
allege." This makes it clear that the requirement for an allegation of
current use or bona fide intention to use the mark in commerce, applies
to verifications filed after the application filing date.
The Office proposes to add new § 2.34(a)(1)(v) to provide that
if more than one item of goods or services is specified in a section
1(a) application, the dates of use need be for only one of the items
specified in each class, provided that the particular item to which the
dates apply is designated. This requirement for section 1(a)
applications previously appeared in § 2.33(a)(2), but was
inadvertently removed effective October 30, 1999, by the final rule
published at 64 FR 48900 (Sept. 8, 1999). This requirement is
consistent with the requirements for allegations of use under
§§ 2.76(c) and 2.88(c).
The Office proposes to amend §§ 2.44(b) and 2.45(b), which
pertain to collective and certification marks, to add a reference to
section 66(a) applications. This corrects an oversight.
The Office proposes to amend § 2.47(a) to remove the
requirement for a specific allegation that a mark has been in
"lawful" use in commerce in an application for registration on the
Supplemental Register. Because the definition of "commerce" in
section 45 of the Trademark Act is "all commerce which may lawfully be
regulated by Congress," the Office presumes that an applicant who
alleges that "the mark is in use in commerce," is claiming lawful
use. The Office generally questions the lawfulness of the alleged use
in commerce only where the record shows a clear violation of law, such
as the sale or transportation of a controlled substance. TMEP section
907.
The Office proposes to add new § 2.48 to provide that the
Office does not issue duplicate registrations. If two applications on
the same register would result in registrations that are exact
duplicates, the Office will permit only one application to mature into
registration, and will refuse registration in the other application.
This codifies the long-standing practice of the Office. TMEP section
703. The Office will normally refuse registration in the later-filed
application. The applicant may overcome the refusal by abandoning the
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earlier-filed application or surrendering the registration.
The Office proposes to amend § 2.52(b) to provide that special
form drawings of marks that do not include color "should" show the
mark in black on a white background, rather than that the drawing
"must" show the mark in black on a white background. This gives
examining attorneys discretion to accept a drawing that shows the mark
in white on a black background, if this will more accurately depict the
mark.
The Office proposes to amend § 2.52(b)(1) to change the heading
"Color marks" to "Marks that include color." This corrects an
error. Color marks are marks that consist solely of one or more colors
used on particular objects, and § 2.52(b)(1) applies to all marks
that include color.
The Office proposes to amend § 2.53(a) to remove the reference
to submission of a digitized image of a standard character mark as a
drawing in an application filed via the Trademark Electronic
Application System ("TEAS"). This is no longer an option. An
applicant who wants to apply for a standard character mark through TEAS
must enter the mark in the appropriate field on the TEAS form, and
check the box to claim that the mark consists of standard characters.
TEAS generates the drawing. The Office also proposes to combine
§§ 2.53(a)(1) and (2), because the requirements for standard
character drawings in TEAS and TEAS Plus applications are now the same.
The Office proposes to amend § 2.56(b)(1) to add a reference to
"displays associated with the goods." This makes the rule consistent
with the definition of "use in commerce" in section 45 of the Act.
The Office proposes to amend § 2.56(d)(2) to add a provision that
where an applicant files a paper specimen that exceeds the size
requirements of paragraph (d)(1), and the Office creates a digital
facsimile copy of the specimen, the Office will destroy the original
bulky specimen. This is consistent with current practice. TMEP section
904.02(b).
The Office proposes to amend § 2.56(d)(4) to provide that
specimens filed through TEAS may be in .pdf format. This provides TEAS
filers with an additional option for filing specimens, and is
consistent with current practice.
The Office proposes to amend § 2.62 and its heading to add a
requirement that a response to an Office action be signed by the
applicant, someone with legal authority to bind the applicant (e.g., a
corporate officer or general partner of a partnership), or a
practitioner who meets the requirements of § 10.14 ("qualified
practitioner"). This is consistent with TMEP section 712.01.
The Office proposes to amend § 2.64(c)(1) to state that the
filing of an amendment to allege use does not extend the deadline for
filing a response to an outstanding Office action, appeal to the
Trademark Trial and Appeal Board, or petition to the Director. This is
consistent with current practice. TMEP section 1104.
The Office proposes to amend § 2.65(a) to add a reference to a
notice of appeal as a response that avoids abandonment of an
application. This is consistent with section 12(b) of the Act.
The Office proposes to revise § 2.73 to provide that only an
application that includes section 1(a) of the Trademark Act as a filing
basis, or for which an acceptable allegation of use under § 2.76 or
§ 2.88 has been filed, may be amended to seek concurrent use
registration. The rule currently provides that applications under
section 44 or section 66(a) of the Act may be amended to recite
concurrent use. However, because section 2(d) of the Act requires
concurrent lawful use in commerce by the parties to a concurrent use
proceeding, the Office deems it inappropriate to allow amendment to
seek concurrent use absent allegations and evidence of use in commerce.
The Office also proposes to add a statement to § 2.99(g) that
applications based solely on section 44 or section 66(a) are not
subject to concurrent use registration proceedings.
The Office proposes to revise § 2.74 to modernize the language,
and to add a provision that an amendment to an application must be
signed by the applicant, someone with legal authority to bind the
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applicant (e.g., a corporate officer or general partner of a
partnership), or a qualified practitioner. This is consistent with TMEP
section 605.02.
Intent To Use
The Office proposes to amend § 2.76(d) to provide that an
amendment to allege use ("AAU") should be captioned "Allegation of
Use" rather than "amendment to allege use." This is consistent with
the language on the Office's TEAS form. The term "allegation of use"
encompasses both AAUs under § 2.76 and statements of use ("SOUs")
under § 2.88. The principal difference between AAUs and SOUs is the
time of filing, and the same TEAS form is used for both filings. The
proposed rule merely sets forth the preferred title. The Office will
still accept documents titled "amendment to allege use" or
"statement of use."
The Office proposes to amend § 2.77 to add a provision that
amendments deleting a basis in a multiple-basis application, notices of
change of attorney, and notices of change of address can be entered in
a section 1(b) application during the period between the issuance of
the notice of allowance and the submission of a statement of use. This
is consistent with current practice. TMEP section 1107.
The Office proposes to amend § 2.88(b)(1)(ii) to make it
clearer that the dates of use specified in a statement of use must
pertain to the goods or services identified in the notice of allowance.
The Office proposes to amend § 2.88(b)(3) to provide that the
applicant must pay a filing fee sufficient to cover at least one class
within the statutory time for filing the statement of use, or the
application will be abandoned. If the applicant submits a fee
insufficient to cover all the classes in a multiple-class application,
the applicant must specify the classes to be abandoned. If the
applicant submits a fee sufficient to pay for at least one class, but
insufficient to cover all the classes, and the applicant has not
specified the class(es) to which the fee applies, the Office will issue
a notice granting the applicant additional time to submit the fee(s)
for the remaining classes, or specify the class(es) to be abandoned. If
the applicant does not submit the required fee(s) or specify the
class(es) to be abandoned within the set time period, the Office will
apply the fees paid to the lowest numbered class(es) in ascending
order, and will delete the goods/services in the higher class(es) from
the application. This is consistent with current practice.
The Office proposes to amend § 2.88(d) to provide that an SOU
should be captioned "Allegation of Use" rather than "statement of
use." This is consistent with the proposed amendment to § 2.76(d),
discussed above.
The Office proposes to amend § 2.88(i)(2) to remove the
provision that if any goods or services specified in the notice of
allowance are omitted from the identification of goods or services in
the SOU, the examining attorney will inquire about the discrepancy and
permit the applicant to reinsert the omitted goods/services, and
substitute a provision that the Office will delete the omitted goods/
services from the application and will not permit the applicant to
reinsert them. Currently, if goods/services identified in the
application are omitted from a paper SOU, but the applicant has not
indicated an intention to delete those goods/services from the
application or filed a request to divide the application, the examining
attorney will contact the applicant to confirm that the applicant
intends to delete the omitted goods/services, and will permit the
applicant to amend the SOU to claim use on or in connection with the
omitted goods/services. However, when an SOU is filed electronically,
the TEAS form requires the applicant to expressly indicate an intention
to delete a class, or to delete goods/services within a class.
Therefore, if any of the goods/services identified in the application
do not appear in the identification of goods/services in a TEAS SOU,
the examining attorney does not inquire about the discrepancy and the
applicant may not reinsert the omitted goods/services. TMEP section
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1109.13. There have been cases in which these inquiries concerning
paper SOUs caused unnecessary delay in applications after the applicant
intentionally omitted goods/services. Therefore, the Office is changing
its practice with paper SOUs, and will discontinue issuing inquiries
about omitted goods/services. Under the proposed rule, the practice
with paper SOUs would be consistent with the current practice for
electronically filed SOUs. Applicants are responsible for setting forth
(or incorporating by reference) the goods/services on or in connection
with which the mark is in use. This is consistent with the Office's
long-standing practice with respect to requests for extensions of time
to file a statement of use, set forth in § 2.89(f).
The Office proposes to revise §§ 2.89(a)(2) and (b)(2) to
add a provision that if an applicant timely submits a fee sufficient to
pay for at least one class, but insufficient to cover all the classes,
and the applicant has not specified the class(es) to which the fee applies,
the Office will issue a notice granting the applicant additional time to
submit the fee(s) for the remaining classes, or specify the class(es) to be
abandoned. If the applicant does not submit the required fee(s) or specify
the class(es) to be abandoned within the set time period, the Office will
apply the fees paid to the lowest numbered class(es) in ascending
order, and will delete the goods/services in the higher class(es) from
the application. This is consistent with current practice. TMEP section
1108.02(c).
Amendments to Classification
The Office proposes to amend § 2.85(a) to add a reference to
amendments to adopt international classification.
The Office proposes to combine §§ 2.85(b) and (c),
pertaining to the United States classification, and to add a reference
to amendments to adopt international classification.
The Office proposes to redesignate § 2.85(f), pertaining to
certification marks and collective membership marks, as § 2.85(c),
and to add a statement that the classes set forth in §§ 6.3 and
6.4 do not apply to applications based on section 66(a) of the
Trademark Act and registered extensions of protection. This is
consistent with current practice. TMEP section 1904.02(b). Classes A,
B, & 200 are classes from the old United States classification system
that are still used in the United States to classify certification and
collective membership marks, but are not included in the international
classes under the Nice Agreement Concerning the International
Classification of Goods and Services for the Purposes of the
Registration of Marks ("Nice Agreement"). Therefore, they do not
apply to section 66(a) applications and registered extensions of
protection, in which classification is determined by the International
Bureau of the World Intellectual Property Organization ("IB"). The
Office proposes to make conforming amendments to §§ 6.3 and
6.4, indicating that these sections apply only to applications based on
sections 1 and 44 of the Trademark Act and registrations resulting from
such applications.
The Office proposes to redesignate § 2.85(d), which now
provides that renewals filed on registrations issued under a prior
classification system will be processed on the basis of that system, as
§ 2.183(f), and amend it to add an exception for registrations that
have been amended to adopt international classification pursuant to
§ 2.85(e)(3).
Proposed § 2.85(d) provides that in an application under
section 66(a) of the Act or registered extension of protection, the
classification cannot be changed from the classification assigned by
the IB; classes cannot be added; and goods or services cannot be
transferred from one class to another in a multiple-class application.
This is consistent with current practice. TMEP sections 1401.03(d) and
1904.02(b). Under Article 3(2) of the Madrid Protocol, the IB controls
classification. A section 66(a) application and any resulting
registration remains part of the international registration, and a
change of classification in the United States would have no effect on
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the international registration.
The Office proposes to remove § 2.85(e), which now pertains to
appeal and renewal fee deficiencies in multiple-class applications and
registrations, and move the provisions on appeal fees to § 2.141(b).
Procedures for processing renewal fee deficiencies in multiple-class
registrations are already covered in § 2.183(e).
Proposed § 2.85(e) provides for changes in classification
pursuant to the Nice Agreement. The international classification
changes periodically, and these changes are listed in the International
Classification of Goods and Services for the Purposes of the
Registration of Marks, which is published by the World Intellectual
Property Organization. The Nice Agreement edition currently in effect
is the 9th edition, 2006, which became effective January 1, 2007.
Proposed § 2.85(e)(1) provides that when international
classification changes, the new requirements apply only to applications
filed on or after the effective date of the change.
Proposed § 2.85(e)(2) provides that in section 1 and 44
applications filed before the effective date of a change in
classification, and registrations resulting from such applications, the
applicant or registrant may reclassify the goods or services in
accordance with the current edition, upon payment of the required fees.
Proposed § 2.85(e)(3) sets forth the requirements for amendment of
a pending application, and proposed § 2.85(e)(4) sets forth the
requirements for amendment of a registration to reclassify the goods or
services in accordance with the current edition of the Nice Agreement.
This is consistent with current practice, set forth in TMEP sections
1401.11 and 1609.04.
The Office proposes to redesignate § 2.85(g), which provides
that classification schedules shall not limit or extend the applicant's
rights, as § 2.85(f), and amend it to note an exception that in
section 66(a) applications, the scope of the identification of goods or
services for purposes of permissible amendments is limited by the
class, because the classification assigned by the IB cannot be changed.
This is consistent with TMEP section 1402.07(a).
Requests To Divide
The Office proposes to break the current § 2.87(c) into
subsections 2.87(c)(1) and (c)(2).
The Office proposes to add new § 2.87(c)(3) to provide that an
applicant may file a request to divide out one or more bases of a
multiple-basis application during the period between the issuance of
the notice of allowance under section 13(b)(2) of the Act and the
filing of a statement of use under § 2.88. This is consistent with
current practice.
The Office proposes to add § 2.87(e) to provide that any
outstanding time period for action by the applicant in the original
application at the time of the division will be applicable to each new
separate application created by the division. This provision appeared
in § 2.87(a) when the rule was first enacted in 1989, but was
inadvertently removed when the rules were amended to adjust application
filing fees on January 19, 2005. See notices at 54 FR 37562 (Sept. 11,
1989) and 70 FR 2952 (Jan. 19, 2005). The Office proposes to add
certain specified exceptions, consistent with current practice, as set
forth in TMEP sections 1110.04 and 1110.05.
The Office proposes to add new § 2.87(f) to add a requirement
that a request to divide be signed by the applicant, someone with legal
authority to bind the applicant (e.g., a corporate officer or general
partner of a partnership), or a qualified practitioner. This is
consistent with TMEP section 1110.
The Office proposes to add new § 2.87(g), setting forth the
procedures for division of a section 66(a) application after a change
in ownership with respect to some, but not all, of the goods or
services. This incorporates existing practice, set forth in TMEP
section 1110.08.
The Office proposes to add § 2.171(b)(2), providing for
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division of registered extensions of protection upon notification by
the IB that ownership of an international registration has changed with
respect to some, but not all, of the goods or services. This reflects
current practice. TMEP section 1615.02.
Post Registration
The Office proposes to amend § 2.153 to remove the requirement
for specification of the type of commerce in an affidavit claiming
the benefits of section 12(c) of the Trademark Act of 1946 for a
registration issued under the Trademark Acts of 1881 or 1905. Because the
definition of "commerce" in section 45 of the Act is "all commerce which
may lawfully be regulated by Congress," the Office presumes that a
registrant who alleges that the mark is in use in commerce is alleging that
the mark is in use in a type of commerce that Congress can regulate. The
Office amended the Trademark Rules of Practice to remove the requirement
for a specification of the type of commerce in applications for registration
under section 1(a) of the Act, allegations of use in applications under
section 1(b) of the Act, and affidavits under sections 8 and 15 of the Act,
effective October 30, 1999 (see notice at 64 FR 48900 (Sept. 8, 1999)), but
inadvertently overlooked § 2.153.
The Office proposes to amend the center heading immediately after
§ 2.158 to delete the wording "DURING SIXTH YEAR." This corrects
an oversight. The heading covers rules pertaining to affidavits or
declarations under section 8 of the Act ("section 8 affidavits").
Effective October 30, 1999, such affidavits must be filed every tenth
year after registration as well as during the sixth year.
The Office proposes to amend § 2.161(g)(3) to provide that
specimens filed through TEAS may be in .pdf format. This provides TEAS
filers with an additional option for filing specimens, and is
consistent with current practice.
The Office proposes to amend § 2.163(b) to provide that a
registration will be cancelled for failure to respond to an Office
action issued in connection with a section 8 affidavit only if there is
no time remaining in the grace period under section 8(c)(1) of the Act.
This corrects an oversight in the current rule. It would be
inappropriate to cancel a registration under section 8 before
expiration of the grace period. If there is time remaining in the grace
period, the owner may file a complete new affidavit.
The Office proposes to amend § 2.167 to provide that an
affidavit or declaration of incontestability under section 15 of the
Trademark Act must be filed in the name of the owner of the
registration, and verified by the owner or a person properly authorized
to sign on behalf of the owner (§ 2.161(b)). This is consistent
with TMEP section 1605.04.
The Office proposes to amend § 2.171(a) to remove the
requirement that a request for a new certificate of registration upon
change of ownership include the original certificate of registration.
This is consistent with current practice, and with Office practice in
connection with requests to amend or correct registrations under
section 7 of the Trademark Act. See notice at 69 FR 51362 (Aug. 29,
2004), removing the requirement that the original certificate be
included with a section 7 request.
The Office further proposes to add a statement to § 2.171(a)
that in a registered extension of protection, the assignment must be
recorded with the IB before it can be recorded in the Office. This is
consistent with current § 7.22.
The Office proposes to redesignate § 2.171(b) as (b)(1), and
amend it to indicate that it applies only to registrations resulting
from applications based on section 1 or 44 of the Act.
The Office proposes to add § 2.171(b)(2), providing for
division of registered extensions of protection upon notification by
the IB that ownership of an international registration has changed with
respect to some, but not all, of the goods or services. This reflects
current practice. TMEP section 1615.02.
The Office proposes to reorganize § 2.173, pertaining to
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amendment of registrations. The current paragraph (a) is broken into
proposed paragraphs (a) through (d).
Proposed § 2.173(a) provides that the owner of a registration
may file a written request to amend a registration or to disclaim part
of the mark in the registration; and that if the registration is
involved in an inter partes proceeding before the Trademark Trial and
Appeal Board ("TTAB"), the request must be filed by appropriate
motion to the Board. This is consistent with the current § 2.173(a)
and TMEP section 1609.01(b).
The current paragraph (b) is broken into proposed paragraphs (e)
and (g).
Proposed § 2.173(b) sets forth the requirements for the request
for amendment.
Proposed § 2.173(b)(2) requires that the request be filed by
the owner and signed by the owner, someone with legal authority to bind
the owner (e.g., a corporate officer or general partner of a
partnership), or a qualified practitioner. The requirement for filing
in the name of the owner is consistent with current practice. However,
the requirement for signature by someone with legal authority to bind
the owner or by a qualified practitioner changes current practice
slightly. TMEP section 1609.01(b) now permits signature by a person
with firsthand knowledge of the facts and actual or implied authority
to act on behalf of the owner, which could include someone without
legal authority to bind the owner. The Office believes that the better
practice would be to require that a request to amend a registration be
signed by someone with legal authority to bind the owner or by a
qualified practitioner.
Proposed § 2.173(b)(3) provides that an amendment to change the
mark include: A specimen showing the mark as used on or in connection
with the goods or services; an affidavit or a declaration under § 2.20
stating that the specimen was in use in commerce at least as early
as the filing date of the amendment; and a new drawing of the amended
mark. This is consistent with current § 2.173(a) and TMEP section
1609.02(c).
Proposed § 2.173(c) provides that the registration must still
contain registrable matter, and proposed § 2.173(d) provides that
the amendment may not materially alter the mark. This is consistent
with current § 2.173(a).
Proposed § 2.173(e) provides that no amendment to the
identification of goods or services in a registration will be
permitted, except to restrict the identification or change it in ways
that would not require republication of the mark. This is consistent
with current § 2.173(b).
The Office proposes to add new § 2.173(f) to provide that if
the registration includes a disclaimer, description of the mark, or
miscellaneous statement, any amendment must include a request to make
any necessary conforming amendments to the disclaimer, description, or
other miscellaneous statements. For example, if the mark is XYZ INC.,
with a disclaimer of the entity designator "INC.," and the owner of
the registration proposes to amend the mark to remove "INC.," the
proposed amendment should also request that the disclaimer be deleted.
If an amendment is filed that does not include all necessary conforming
amendments, the examiner will issue an Office action requiring the
amendments.
Proposed § 2.173(g) provides that an amendment seeking the
elimination of a disclaimer will not be permitted, unless deletion of
the disclaimed portion of the mark is also sought. The proposed rule
provides an exception to the general prohibition against amendments to
delete disclaimers, currently set forth in § 2.173(b), in the
limited situation where the mark is amended to delete the disclaimer.
The Office proposes to amend § 2.175(b)(2) to require that a
request to correct the owner's error in a registration be filed by the
owner and signed by the owner, someone with legal authority to bind the
owner (e.g., a corporate officer or general partner of a partnership), or
a qualified practitioner. This is consistent with proposed § 2.173(b)(2),
discussed above.
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The Office proposes to redesignate § 2.184(b) as § 2.184(b)(1),
and amend it to provide that a registration will expire
for failure to respond to an Office action issued in connection with a
renewal application only if there is no time remaining in the grace
period under section 9(a) of the Act. This corrects an oversight in the
current rule. It would be inappropriate to cancel a registration for
failure to renew prior to expiration of the renewal grace period. If
there is time remaining in the grace period, the registrant may file a
complete new renewal application.
The Office proposes to add new § 2.183(f) to provide that
applications for renewal of registrations issued under a prior
classification system will be processed on the basis of that system,
except where the registration has been amended to adopt international
classification. The provision that applications for renewal of
registrations issued under a prior classification system are processed
on the basis of that system is currently set forth in § 2.85(d).
The reference to amendment of classification is consistent with
proposed § 2.85(e)(3), discussed above.
The Office proposes to add § 2.184(b)(2), requiring that a
response to an Office action issued in connection with a renewal
application be signed by the registrant, someone with legal authority
to bind the registrant (e.g., a corporate officer or general partner of
a partnership), or a qualified practitioner. This is consistent with
TMEP section 1606.12.
Madrid Protocol
The Office proposes to amend § 7.11(a)(2) to provide that the
applicant's entity in an application for international registration
must be identical to the entity listed as owner of the basic
application or registration. This is consistent with current practice.
TMEP section 1902.02(c). Under section 61(a) of the Trademark Act, only
the owner of the basic application or registration can file an
international application.
The Office proposes to amend the last sentence of § 7.14(e) to
change "submitted to" to "received in," for clarity.
The Office proposes to amend § 7.25(a) to remove §§ 2.175 and
2.197 from the list of rules in part 2 that do not apply to
an extension of protection of an international registration to the
United States. Section 2.175 pertains to correction of mistakes by a
registrant. Generally, all requests to record changes to an
international registration must be filed at the IB, because an
extension of protection of an international registration remains part
of the international registration even after registration in the United
States. However, in the limited circumstance where the holder of an
international registration makes a mistake in a document filed during
prosecution in the Office that affects only the extension of protection
to the United States, the registrant may request correction of the
error pursuant to § 2.175. For example, if there were a minor
typographical error in an amendment to the identification of goods in a
section 66(a) application, and the mark registered, the owner of the
registration could request correction under § 2.175. If the Office
grants the request, the Office will notify the IB of the change to the
extension of protection to the United States.
Section § 2.197 provides a "certificate of mailing or
transmission" procedure to avoid lateness due to mail delay. This
procedure may currently be used by section 66(a) applicants during
prosecution of applications. The procedure may also be available to
owners of registered extensions of protection who file affidavits of
use or excusable nonuse under section 71 of the Trademark Act.
Therefore, its inclusion in § 7.25(a) was an error. Under
§§ 2.197(a)(2)(ii) and 7.4(e), the certificate of mailing or
transmission procedure remains inapplicable to international
applications under § 7.11, responses to notices of irregularity
under § 7.14, subsequent designations under § 7.21, requests to
record changes of ownership under § 7.23, requests to record
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restrictions of the holder's right of disposal (or the release of such
restrictions) under § 7.24, and requests for transformation under
§ 7.31. Note: On February 29, 2008, the Office published a notice
of proposed rulemaking that would prohibit the use of certificates of
mailing or transmission for certain specified documents for which an
electronic form is available in the Trademark Electronic Application
System ("TEAS"). See notice at 73 FR 11079. The Office is currently
reviewing the comments received in response to this proposal.
Assignment Cover Sheet
The Office proposes to amend § 3.31 to add a new paragraph
(a)(8), requiring that a cover sheet submitted with a request to record
a change of ownership of a trademark application or registration must
include the citizenship of the party receiving the interest; and that
if the party receiving the interest is a domestic partnership or
domestic joint venture, the cover sheet must include the names, legal
entities, and national citizenship (or state or country of
organization) of all general partners or active members that compose
the partnership or joint venture. Currently, § 3.31(f) provides
that the cover sheet "should" include this information, but the
Office proposes to make it mandatory. This will allow for more
efficient processing of trademark applications and registrations.
The applicant's entity and citizenship is required in an
application for registration under § 2.32(a)(3)(iii) and must be
submitted before the Office can issue a registration certificate in the
name of the new owner. It is also required when the new owner of a
registration wants to change ownership in the trademark database and/or
obtain a new certificate of registration in the name of the new owner.
Requiring the information whenever a change of ownership is recorded
will eliminate the need for the examining attorney or the Post
Registration examiner to issue an Office action requiring that it be
submitted, which can cause substantial delay. Furthermore, in many
cases, having complete information about the receiving party will
ensure that the trademark database is automatically updated at the time
of recordation or shortly thereafter. See TMEP sections 504 et seq.
regarding automatic updating of the trademark database upon recordation
of a change of ownership. This will often ensure that the original
certificate of registration issues in the name of the new owner.
References to "Paper"
The Office proposes to amend §§ 2.6(b)(6), 2.21(b),
2.21(c), 2.27(d), 2.87(d), 2.146(e)(1), 2.146(e)(2), and 2.146(i) to
delete references to "papers" and substitute "documents" where
appropriate, in order to encompass documents filed or issued
electronically.
The Office proposes to amend §§ 2.6(a)(19), 2.6(b)(3), and
2.56(d)(2) to delete references to "file wrapper" and substitute
"record" or "official record." The Office now maintains electronic
records of applications and registrations.
The Office proposes to amend §§ 2.62, 2.65(a), 2.66(a)(1),
2.66(d), 2.66(f)(1), 2.81(b), 2.89(a), 2.89(a)(3), 2.89(g), 2.93,
2.99(d)(2), 2.146(d), 2.146(e)(1), 2.146(e)(2), 2.146(j)(1), 2.163(b),
2.165(b), 2.176, 2.184(b), 2.186(b), 7.39(b) and 7.40(b) to change
references to "mailing" to "issuance," to encompass Office actions
and communications that are issued electronically.
The Office proposes to amend § 2.81(b) to remove the sentence
stating that "The mailing date that appears on the notice of allowance
will be the issue date of the notice of allowance," because it is
unnecessary. The rule already states that the notice of allowance will
include the issue date.
The Office proposes to amend §§ 2.84(b), 2.173, 2.174, and
2.175 to delete references to "printed," and substitute "issued"
where appropriate, in order to encompass documents issued
electronically.
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The Office proposes to amend §§ 2.87(d), 2.146(e)(i), and
2.146(i) to delete references to "paper" and to substitute
"document," to encompass documents filed through TEAS.
The Office proposes to remove the references in § 2.173(c),
2.174, and 2.175(c) to printed copies of amendments and corrections
under section 7 of the Act.
Appeal Fees
The Office proposes to reorganize § 2.141 to move the
provisions pertaining to appeal fees, some of which were previously set
forth in § 2.85(e), to § 2.141(b). The proposed rule is
consistent with current practice, set forth in Trademark Trial and
Appeal Board Manual of Procedure section 1202.04.
Other Changes
The Office proposes to amend §§ 2.6(a)(12) and (13),
2.38(b), 2.41(a), 2.44(a) and (b), 2.46, 2.47, 2.61(a), 2.64(c)(1),
2.65(c), 2.75(a) and (b), 2.81(a) and (b), 2.85(b), 2.88(a), 2.99(g),
2.146(b), and 2.167, to replace section symbols with the word
"section." This is consistent with references to the statute in other
rules, and with the format recommended in the Federal Register Document
Drafting Handbook, National Archives and Records Administration, Office
of the Federal Register (Oct. 1998). Section symbols are used in rules
and Federal Register notices only to refer to other sections of the
CFR.
The Office proposes to amend § 2.6(a)(8) to delete "assignee"
and substitute "registrant." This makes it clear that any registrant
can request a new certificate of registration, upon payment of the
required fee.
The Office proposes to revise § 2.25 to provide that documents
filed in the Office by the applicant or registrant become part of the
official record and will not be returned or removed. The rule currently
provides only for applications, and the Office proposes to revise it to
encompass all documents filed in connection with an application or
registration. This is consistent with current practice. See TMEP
section 404. The Office proposes to make an exception for documents
ordered to be filed under seal pursuant to a protective order issued by
a court or by the TTAB.
The Office proposes to remove § 2.26, which provides that a
drawing from an abandoned application may be transferred to and used in
a new application, if the file has not been destroyed. This rule is no
longer in use and is deemed unnecessary.
The Office proposes to amend § 2.32(a)(6) to delete the word
"and" after the semicolon, and to amend § 2.32(a)(7) to change a
period to a semicolon.
The Office proposes to amend § 2.86(a)(2) to delete the period
and substitute a semicolon, followed by the word "and" ("; and").
The Office proposes to amend § 2.146(c) to add a provision that
a petition to the Director be signed by the petitioner, someone with
legal authority to bind the petitioner (e.g., a corporate officer or
general partner of a partnership), or a qualified practitioner. The
proposed rule further provides that when facts are to be proved on
petition, the petitioner must submit proof in the form of affidavits or
declarations in accordance with § 2.20, signed by someone with
firsthand knowledge of the facts to be proved. This is consistent with
TMEP sections 1705.03 and 1705.07.
The Office proposes to amend § 2.195(b) to delete the phrase,
"In addition to being mailed," because it is unnecessary.
The Office proposes to amend § 2.195(e) to clarify the
procedures for filing a petition to the Director to consider
correspondence filed on the date of attempted filing by Express Mail
during a postal service interruption or emergency within the meaning of
35 U.S.C. 21(a). Proposed § 2.195(e)(1) provides that a person who
attempted to file correspondence by Express Mail, but was unable to
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deposit the correspondence with the United States Postal Service due to
the interruption or emergency, may petition the Director to consider
the correspondence to have been filed on the date of attempted filing.
Proposed § 2.195(e)(2) sets forth the requirements for the
petition. Proposed § 2.195(e)(3) notes that this procedure does not
apply to correspondence that is excluded from the Express Mail procedure
pursuant to § 2.198(a)(1). This is consistent with current practice.
Rule Making Requirements
Executive Order 12866: This rule has been determined not to be
significant for purposes of Executive Order 12866.
Administrative Procedure Act: This rule merely involves rules of
agency practice and procedure within the meaning of 5 U.S.C. 553(b)(A).
Therefore, this rule may be adopted without prior notice and
opportunity for public comment under 5 U.S.C. 553(b) and (c), or
thirty-day advance publication under 5 U.S.C. 553(d). However, the
Office has chosen to seek public comment before implementing the rule.
Regulatory Flexibility Act: As prior notice and an opportunity for
public comment are not required pursuant to 5 U.S.C. 553 (or any other
law), neither a regulatory flexibility analysis nor a certification
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is
required. See 5 U.S.C. 603.
The proposed rules clarify certain requirements for trademark
applications and other trademark-related documents, modernize the
language of the rules, and make some other miscellaneous procedural
changes. In large part, the proposed rule changes are intended to
codify existing practice. Although the proposed rules may affect any
trademark applicant or registrant, because they would merely codify the
existing practice of the Office, or concern relatively minor procedural
matters, the changes proposed in this notice will not have a
significant economic impact on a substantial number of small entities.
Unfunded Mandates: The Unfunded Mandates Reform Act requires, at 2
U.S.C. 1532, that agencies prepare an assessment of anticipated costs
and benefits before issuing any rule that may result in expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any given year. This rule would have no such effect on
State, local, and tribal governments or the private sector.
Executive Order 13132: This rule does not contain policies with
federalism implications sufficient to warrant preparation of a
Federalism Assessment under Executive Order 13132 (Aug. 4, 1999).
Paperwork Reduction Act: This proposed rule involves information
collection requirements which are subject to review by the Office of
Management and Budget under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). The collections of information in this proposed
rule have been reviewed and previously approved by OMB under control
numbers 0651-0009, 0651-0050, 0651-0051, 0651-0054, 0651-0055, and
0651-0056.
The United States Patent and Trademark Office is not resubmitting
any information collection package to OMB for its review and approval
because the changes in this proposed rule would not affect the
information collection requirements associated with the information
collections under the OMB control numbers listed above. The changes in
this notice are limited to amending the rules of practice to simplify
and clarify the requirements for amendments to applications and
registrations, reword and reorganize the rules for clarity purposes,
and codify current practices and procedures.
Interested persons are requested to send comments regarding these
information collections, including suggestions for reduction of this
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burden to: (1) The Office of Information and Regulatory Affairs, Office
of Management and Budget, New Executive Office Building, Room 10202,
725 17th Street, NW., Washington, DC 20503, Attention: Desk Officer for
the Patent and Trademark Office; and (2) Commissioner for Trademarks,
P.O. Box 1451, Alexandria, VA 22313-1451 (Attn: Mary Hannon).
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB control number.
List of Subjects
37 CFR Part 2
Administrative practice and procedure, Trademarks.
37 CFR Part 3
Administrative practice and procedure, Trademarks.
37 CFR Part 6
Administrative practice and procedure, Trademarks, Classification.
37 CFR Part 7
Administrative practice and procedure, Trademarks, International
Registration.
For the reasons given in the preamble and under the authority
contained in 15 U.S.C. 1123 and 35 U.S.C. 2, as amended, the Office
proposes to amend parts 2, 3, 6, and 7 of title 37 as follows:
PART 2 - RULES OF PRACTICE IN TRADEMARK CASES
1. The authority citation for 37 CFR part 2 continues to read as
follows:
Authority: 15 U.S.C. 1123, 35 U.S.C. 2, unless otherwise noted.
2. Revise §§ 2.6(a)(8), (12), (13) and (19), and §§ 2.6(b)(3) and
(6) to read as follows:
§ 2.6 Trademark fees.
* * * * *
(a) * * *
(8) For issuing a new certificate of registration upon request of
registrant - $100.00.
* * * * *
(12) For filing an affidavit under section 8 of the Act, per
class - $100.00.
(13) For filing an affidavit under section 15 of the Act, per
class - $200.00.
* * * * *
(19) Dividing an application, per new application created - $100.00.
* * * * *
(b) * * *
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(3) Certified or uncertified copy of a trademark-related official
record - $50.00.
* * * * *
(6) For recording each trademark assignment, agreement or other
document relating to the property in a registration or application.
* * * * *
3. Revise paragraphs 2.21(a) introductory text, (b), and (c) to
read as follows:
§ 2.21 Requirements for receiving a filing date.
(a) The Office will grant a filing date to an application under
section 1 or section 44 of the Act that is in the English language and
contains all of the following:
* * * * *
(b) If the applicant does not submit all the elements required in
paragraph (a) of this section, the Office will deny a filing date and
issue a notice explaining why the filing date was denied.
(c) If the application was filed on paper, the applicant may
correct and resubmit the application and fee. If the resubmitted papers
and fee meet all the requirements of paragraph (a) of this section, the
Office will grant a filing date as of the date the Office receives the
corrected document.
4. Revise § 2.23(a)(2) to read as follows:
§ 2.23 Additional requirements for TEAS Plus application.
(a) * * *
(2) Maintain a valid e-mail correspondence address, and continue to
receive communications from the Office by electronic mail.
* * * * *
5. Revise § 2.25 to read as follows:
§ 2.25 Documents not returnable.
Except as provided in § 2.27(e), documents filed in the Office
by the applicant or registrant become part of the official record and
will not be returned or removed.
6. Remove § 2.26.
7. Revise § 2.27(d) to read as follows:
§ 2.27 Pending trademark application index; access to applications.
* * * * *
(d) Except as provided in paragraph (e) of this section, the
official records of applications and all proceedings relating thereto
are available for public inspection and copies of the documents may be
furnished upon payment of the fee required by § 2.6.
* * * * *
8. Revise §§ 2.32(a)(3)(iii), (a)(6), (a)(7), and (a)(8),
and add new §§ 2.32(a)(3)(iv), 2.32(a)(9), and (10) to read as follows:
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§ 2.32 Requirements for a complete application.
(a) * * *
(3) * * *
(iii) If the applicant is a domestic partnership, the names and
citizenship of the general partners;
(iv) If the applicant is a domestic joint venture, the names and
citizenship of the active members of the joint venture;
* * * * *
(6) A list of the particular goods or services on or in connection
with which the applicant uses or intends to use the mark. In a United
States application filed under section 44 of the Act, the scope of the
goods and/or services covered by the section 44 basis may not exceed
the scope of the goods and/or services in the foreign application or
registration;
(7) The international class of goods or services, if known. See
§ 6.1 of this chapter for a list of the international classes of
goods and services;
(8) If the mark is not in standard characters, a description of the
mark;
(9) If the mark includes non-English wording, an English
translation of that wording; and
(10) If the mark includes non-Latin characters, a transliteration
of those characters, and either a translation of the transliterated
term in English, or a statement that the transliterated term has no
meaning in English.
* * * * *
9. Revise § 2.33(b)(1) to read as follows:
§ 2.33 Verified statement.
* * * * *
(b)(1) In an application under section 1(a) of the Act, the
verified statement must allege:
That the applicant is using the mark shown in the accompanying
drawing; that the applicant believes it is the owner of the mark; that
the mark is in use in commerce; that to the best of the declarant's
knowledge and belief, no other person has the right to use the mark in
commerce, either in the identical form or in such near resemblance as
to be likely, when applied to the goods or services of the other
person, to cause confusion or mistake, or to deceive; that the specimen
shows the mark as used on or in connection with the goods or services;
and that the facts set forth in the application are true.
* * * * *
10. Revise §§ 2.34(a)(1)(i), (a)(2), (a)(3)(i) and (a)(4)(ii), and
add new § (a)(1)(v), to read as follows:
§ 2.34 Bases for filing.
(a) (1) * * *
(i) The trademark owner's verified statement that the mark is in
use in commerce on or in connection with the goods or services listed
in the application. If the verification is not filed with the initial
application, the verified statement must also allege that the mark was
in use in commerce on or in connection with the goods or services
listed in the application as of the application filing date;
* * * * *
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(v) If more than one item of goods or services is specified in the
application, the dates of use required in paragraphs (ii) and (iii) of
this section need be for only one of the items specified in each class,
provided that the particular item to which the dates apply is
designated.
(2) Intent-to-use under section 1(b) of the Act. In an application
under section 1(b) of the Act, the applicant must verify that it has a
bona fide intention to use the mark in commerce on or in connection
with the goods or services listed in the application. If the
verification is not filed with the initial application, the verified
statement must also allege that the applicant had a bona fide intention
to use the mark in commerce on or in connection with the goods or
services listed in the application as of the filing date of the
application.
(3) * * *
(i) The applicant's verified statement that it has a bona fide
intention to use the mark in commerce on or in connection with the
goods or services listed in the application. If the verification is not
filed with the initial application, the verified statement must also
allege that the applicant had a bona fide intention to use the mark in
commerce as of the filing date of the application.
* * * * *
(4) (i) * * *
(ii) Include the applicant's verified statement that it has a bona
fide intention to use the mark in commerce on or in connection with the
goods or services listed in the application. If the verification is not
filed with the initial application, the verified statement must also
allege that the applicant had a bona fide intention to use the mark in
commerce as of the filing date of the application.
* * * * *
11. Revise § 2.38(b) to read as follows:
§ 2.38 Use by predecessor or by related companies.
* * * * *
(b) If the mark is not being used by the applicant but is being
used by one or more related companies whose use inures to the benefit
of the applicant under section 5 of the Act, this must be indicated in
the application.
* * * * *
12. Amend § 2.41 by revising the heading and paragraph (a) to
read as follows:
§ 2.41 Proof of distinctiveness under section 2(f).
(a) When registration is sought of a mark which would be
unregistrable by reason of section 2(e) of the Act but which is said by
applicant to have become distinctive in commerce of the goods or
services set forth in the application, applicant may, in support of
registrability, submit with the application, or in response to a
request for evidence or to a refusal to register, affidavits, or
declarations in accordance with § 2.20, depositions, or other
appropriate evidence showing duration, extent and nature of use in
commerce and advertising expenditures in connection therewith
(identifying types of media and attaching typical advertisements), and
affidavits, or declarations in accordance with § 2.20, letters or
statements from the trade or public, or both, or other appropriate
evidence tending to show that the mark distinguishes such goods.
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* * * * *
13. Revise § 2.44 to read as follows:
§ 2.44 Collective mark.
(a) In an application to register a collective mark under section
1(a) of the Act, the application shall specify and contain all
applicable elements required by the preceding sections for trademarks,
but shall also specify the class of persons entitled to use the mark,
indicating their relationship to the applicant, and the nature of the
applicant's control over the use of the mark.
(b) In an application to register a collective mark under section
1(b), section 44 or section 66(a) of the Act, the application shall
specify and contain all applicable elements required by the preceding
sections for trademarks, but shall also specify the class of persons
intended to be entitled to use the mark, indicating what their
relationship to the applicant will be, and the nature of the control
applicant intends to exercise over the use of the mark.
14. Revise § 2.45(b) to read as follows:
§ 2.45 Certification mark.
(a) * * *
(b) In an application to register a certification mark under
section 1(b), section 44 or section 66(a) of the Act, the application
shall include all applicable elements required by the preceding
sections for trademarks. In addition, the application must: specify the
conditions under which the certification mark is intended to be used;
allege that the applicant intends to exercise legitimate control over
the use of the mark; and allege that the applicant will not engage in
the production or marketing of the goods or services to which the mark
is applied. When the applicant files an allegation of use under § 2.76
or § 2.88, the applicant must submit a copy of the standards
that determine whether others may use the certification mark on their
goods and/or in connection with their services.
15. Revise § 2.46 to read as follows:
§ 2.46 Principal Register.
All applications will be treated as seeking registration on the
Principal Register unless otherwise stated in the application. Service
marks, collective marks, and certification marks are registered on the
Principal Register, if they are registrable in accordance with the
applicable provisions of section 2 of the Act.
16. Revise §§ 2.47(a), (b), (d) and (e) to read as follows:
§ 2.47 Supplemental Register.
(a) In an application to register on the Supplemental Register
under section 23 of the Act, the application shall so
indicate and shall specify that the mark has been in use in commerce,
specifying the nature of such commerce, by the applicant.
(b) In an application to register on the Supplemental Register
under section 44 of the Act, the application shall so indicate. The
statement of use in commerce may be omitted.
* * * * *
(d) A mark in an application to register on the Principal Register
under section 1(b) of the Act is eligible for registration on the
Supplemental Register only after the applicant files an acceptable
allegation of use under § 2.76 or § 2.88.
(e) An application for registration on the Supplemental Register
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must conform to the requirements for registration on the Principal
Register under section 1(a) of the Act, so far as applicable.
17. Add new § 2.48, to read as follows:
§ 2.48 Office does not issue duplicate registrations.
If two applications on the same register would result in
registrations that are exact duplicates, the Office will permit only
one application to mature into registration, and will refuse
registration in the other application.
18. Revise §§ 2.52(b) and (b)(1) to read as follows:
§ 2.52 Types of drawings and format for drawings.
* * * * *
(b) Special form drawing. Applicants who seek to register a mark
that includes a two or three-dimensional design; color; and/or words,
letters, or numbers or the combination thereof in a particular font
style or size must submit a special form drawing. The drawing should
show the mark in black on a white background, unless the mark includes
color.
(1) Marks that include color. If the mark includes color, the
drawing must show the mark in color, and the applicant must name the
color(s), describe where the color(s) appear on the mark, and submit a
claim that the color(s) is a feature of the mark.
* * * * *
19. Revise § 2.53(a) to read as follows:
§ 2.53 Requirements for drawings filed through the TEAS.
* * * * *
(a) Standard character drawings. If an applicant seeks registration
of a standard character mark, the applicant must enter the mark in the
appropriate field on the TEAS form, and check the box to claim that the
mark consists of standard characters.
* * * * *
20. Revise §§ 2.56(b)(1), (d)(2) and (d)(4) to read as follows:
§ 2.56 Specimens.
* * * * *
(b)(1) A trademark specimen is a label, tag, or container for the
goods, or a display associated with the goods. The Office may accept
another document related to the goods or the sale of the goods when it
is impracticable to place the mark on the goods, packaging for the
goods, or displays associated with the goods.
* * * * *
(d)(1) * * *
(2) If the applicant files a specimen exceeding these size
requirements (a "bulky specimen"), the Office will create a digital
facsimile of the specimen that meets the requirements of the rule
(i.e., is flat and no larger than 8 1/2 inches (21.6 cm.) wide by
11.69 inches (29.7 cm.) long) and put it in the record. The Office will
destroy the original bulky specimen.
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* * * * *
(4) For a TEAS submission, the specimen must be a digitized image
in .jpg or .pdf format.
21. Revise § 2.61(a) to read as follows:
§ 2.61 Action by examiner.
(a) Applications for registration, including amendments to allege
use under section 1(c) of the Act and statements of use under section
1(d) of the Act, will be examined and, if the applicant is found not
entitled to registration for any reason, applicant will be notified and
advised of the reasons therefor and of any formal requirements or
objections.
* * * * *
22. Revise § 2.62 to read as follows:
§ 2.62 Procedure for filing response.
(a) Deadline. The applicant's response to an Office action must be
received within six months from the date of issuance.
(b) Signature. The applicant, someone with legal authority to bind
the applicant (e.g., a corporate officer or general partner of a
partnership), or a practitioner who meets the requirements of § 10.14
of this chapter must sign the response.
23. Revise § 2.64(c)(1) to read as follows:
§ 2.64 Final action.
* * * * *
(c)(1) If an applicant in an application under section 1(b) of the
Act files an amendment to allege use under § 2.76 during the six-
month response period after issuance of a final action, the examiner
shall examine the amendment. The filing of an amendment to allege use
does not extend the deadline for filing a response to an outstanding
Office action, appeal to the Trademark Trial and Appeal Board, or
petition to the Director.
* * * * *
24. Revise §§ 2.65(a) and (c) to read as follows:
§ 2.65 Abandonment.
(a) If an applicant fails to respond, or to respond completely,
within six months after the date an action is issued, the application
shall be deemed abandoned unless the refusal or requirement is
expressly limited to only certain goods and/or services. If the refusal
or requirement is expressly limited to only certain goods and/or
services, the application will be abandoned only as to those particular
goods and/or services. A timely petition to the Director pursuant to
§§ 2.63(b) and 2.146 or notice of appeal to the Trademark Trial
and Appeal Board (§ 2.142), if appropriate, is a response that
avoids abandonment of an application.
* * * * *
(c) If an applicant in an application under section 1(b) of the Act
fails to timely file a statement of use under § 2.88, the application
shall be deemed to be abandoned.
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25. Revise §§ 2.66(a)(1), (d) and (f)(1) to read as follows:
§ 2.66 Revival of abandoned applications.
(a) * * *
(1) Within two months of the date of issuance of the notice of
abandonment; or
* * * * *
(d) In an application under section 1(b) of the Act, the Director
will not grant the petition if this would permit the filing of a
statement of use more than 36 months after the date of issuance of the
notice of allowance under section 13(b)(2) of the Act.
* * * * *
(f) * * *
(1) Files the request within two months of the date of issuance of
the decision denying the petition; and
* * * * *
26. Revise § 2.73 to read as follows:
§ 2.73 Amendment to recite concurrent use.
An application that includes section 1(a) of the Trademark Act as a
filing basis, or for which an acceptable allegation of use under § 2.76 or
§ 2.88 has been filed, may be amended to an application for concurrent use
registration, provided that the application as amended meets the
requirements of § 2.42. The trademark examining attorney will determine
whether the application, as amended, is acceptable.
27. Revise § 2.74 and its heading to read as follows:
§ 2.74 Form and signature of amendment.
(a) Form of Amendment. Amendments should be set forth clearly and
completely. Applicant should either set forth the entire wording,
including the proposed changes, or, if it would be more efficient,
indicate which words should be added and which words should be deleted.
The examining attorney may require the applicant to rewrite the entire
amendment if necessary for clarification of the record.
(b) Signature. The applicant, someone with legal authority to bind
the applicant (e.g., a corporate officer or general partner of a
partnership), or a practitioner who meets the requirements of § 10.14
must sign the request for amendment. If the amendment requires
verification, the verification must be sworn to or supported by a
declaration under § 2.20 by a person properly authorized to sign on
behalf of the applicant (§ 2.33(a)).
28. Revise §§ 2.75(a) and (b) to read as follows:
§ 2.75 Amendment to change application to different register.
(a) An application for registration on the Principal Register under
section 1(a) or 44 of the Act 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 appropriate
register.
(b) An application under section 1(b) of the Act may be amended to
change the application to the Supplemental Register only after the
applicant submits an acceptable allegation of use under § 2.76 or
§ 2.88. When such an application is changed from the Principal
Register to the Supplemental Register, the effective filing date of the
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application is the filing date of the allegation of use.
* * * * *
29. Revise § 2.76(d) to read as follows:
§ 2.76 Amendment to allege use.
* * * * *
(d) The title "Allegation of Use" should appear at the top of the
document.
* * * * *
30. Revise § 2.77 to read as follows:
§ 2.77 Amendments between notice of allowance and statement of use.
(a) The only amendments that can be entered in an application
between the issuance of the notice of allowance and the submission of a
statement of use are: (1) The deletion of specified goods or services
from the identification of goods/services; (2) the deletion of a basis
in a multiple-basis application; and (3) a change of attorney or change
of address.
(b) Other amendments filed during this period will be placed in the
application file and considered when the statement of use is examined.
31. Revise § 2.81 to read as follows:
§ 2.81 Post publication.
(a) Except in an application under section 1(b) of the Act for
which no amendment to allege use under § 2.76 has been submitted
and accepted, if no opposition is filed within the time permitted or
all oppositions filed are dismissed, and if no interference is declared
and no concurrent use proceeding is instituted, the application will be
prepared for issuance of the certificate of registration as provided in
§ 2.151.
(b) In an application under section 1(b) of the Act for which no
amendment to allege use under § 2.76 has been submitted and
accepted, if no opposition is filed within the time permitted or all
oppositions filed are dismissed, and if no interference is declared, a
notice of allowance will issue. The notice of allowance will state the
serial number of the application, the name of the applicant, the
correspondence address, the mark, the identification of goods and/or
services, and the issue date of the notice of allowance. Thereafter,
the applicant must submit a statement of use as provided in § 2.88.
32. Revise § 2.84(b) to read as follows:
§ 2.84 Jurisdiction over published applications.
* * * * *
(b) After publication, but before the certificate of registration
is issued in an application under section 1(a), 44 or 66(a) of the Act,
or before the notice of allowance is issued in an application under
section 1(b) of the Act, an application that is not the subject of an
inter partes proceeding before the Trademark Trial and Appeal Board may
be amended if the amendment does not necessitate republication of the
mark or issuance of an Office action. Otherwise, an amendment to such
an application may be submitted only upon petition to the Director to
restore jurisdiction over the application to the trademark examining
attorney for consideration of the amendment and further examination.
The amendment of an application that is the subject of an inter partes
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proceeding before the Trademark Trial and Appeal Board is governed by
§ 2.133.
33. Revise § 2.85 to read as follows:
§ 2.85 Classification schedules.
(a) International classification system. Section 6.1 of this
chapter sets forth the international system of classification for goods
and services, which applies for all statutory purposes to:
(1) applications filed in the Office on or after September 1, 1973,
and resulting registrations; and
(2) registrations resulting from applications filed on or before
August 31, 1973, that have been amended to adopt international
classification pursuant to § 2.85(e)(3).
(b) Prior United States classification system. Section 6.2 of this
chapter sets forth the prior United States system of classification for
goods and services, which applies for all statutory purposes to
registrations resulting from applications filed on or before August 31,
1973, unless:
(1) the registration has been amended to adopt international
classification pursuant to § 2.85(e)(3); or
(2) the registration was issued under a classification system prior
to that set forth in § 6.2.
(c) Certification marks and collective membership marks. Sections
6.3 and 6.4 specify the system of classification which applies to
certification marks and collective membership marks in applications
based on sections 1 and 44 of the Trademark Act, and to registrations
resulting from applications based on sections 1 and 44. These sections
do not apply to applications under section 66(a) or to registered
extensions of protection.
(d) Section 66(a) applications and registered extensions of
protection. In an application under section 66(a) of the Act or
registered extension of protection, the classification cannot be
changed from the classification assigned by the International Bureau of
the World Intellectual Property Organization, unless the International
Bureau corrects the classification. Classes cannot be added, and goods
or services cannot be transferred from one class to another in a
multiple-class application.
(e) Changes to Nice Agreement. The international classification
system changes periodically, pursuant to the Nice Agreement Concerning
the International Classification of Goods and Services for the Purposes
of the Registration of Marks. These changes are listed in the
International Classification of Goods and Services for the Purposes of
the Registration of Marks, which is published by the World Intellectual
Property Organization.
(1) If international classification changes pursuant to the Nice
Agreement, the new classification applies only to applications filed on
or after the effective date of the change.
(2) In a section 1 or section 44 application filed before an
effective date of a change to the Nice Agreement, the applicant may
amend the application to comply with the requirements of the current
edition. The applicant must comply with the current edition for all
goods or services identified in the application. The applicant must pay
the fees for any added class(es).
(3) In a registration resulting from a section 1 or section 44
application that was filed before an effective date of a change to the
Nice Agreement, the owner may amend the registration to comply with the
requirements of the current edition. The owner must reclassify all
goods or services identified in the registration to the current
edition. The owner must pay the fee required by § 2.6 for
amendments under section 7 of the Trademark Act. The owner may
reclassify registrations from multiple United States classes (§ 2.85(b))
into a single international classification, where appropriate.
(f) Classification schedules shall not limit or extend the
applicant's rights, except that in a section 66(a) application, the
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scope of the identification of goods or services for purposes of
permissible amendments (see § 2.71(a)) is limited by the class,
pursuant to § 2.85(d).
34. Revise § 2.86(a)(2) to read as follows:
§ 2.86 Application may include multiple classes.
(a) * * *
(2) Submit an application filing fee for each class, as set forth
in § 2.6(a)(1); and
* * * * *
35. Revise § 2.87 to read as follows:
§ 2.87 Dividing an application.
(a) Application may be divided. An application may be physically
divided into two or more separate applications upon the payment of a
fee for each new application created and submission by the applicant of
a request in accordance with paragraph (d) of this section.
(b) Fee. In the case of a request to divide out one or more entire
classes from an application, only the fee for dividing an application
as set forth in § 2.6(a)(19) will be required. However, in the case
of a request to divide out some, but not all, of the goods or services
in a class, the applicant must submit the application filing fee as set
forth in § 2.6(a)(1) for each new separate application to be
created by the division, in addition to the fee for dividing an
application.
(c) Time for filing. (1) An applicant may file a request to divide
an application at any time between the application filing date and the
date on which the trademark examining attorney approves the mark for
publication; or during an opposition, concurrent use, or interference
proceeding, upon motion granted by the Trademark Trial and Appeal
Board.
(2) An applicant may file a request to divide an application under
section 1(b) of the Act with a statement of use under § 2.88 or at
any time between the filing of a statement of use and the date on which
the trademark examining attorney approves the mark for registration.
(3) An applicant may file a request to divide out one or more bases
of a multiple-basis application during the period between the issuance
of the notice of allowance under section 13(b)(2) of the Act and the
filing of a statement of use under § 2.88.
(d) Form. A request to divide an application should be made in a
separate document from any other amendment or response in the
application. The title "Request to Divide Application" should appear
at the top of the first page of the document.
(e) Outstanding time periods apply to newly created applications.
Any time period for action by the applicant which is outstanding in the
original application at the time of the division will be applicable to
each separate new application created by the division, except as
follows:
(1) If an Office action pertaining to less than all the classes in
a multiple-class application is outstanding, and the applicant files a
request to divide out the goods, services, or class(es) to which the
Office action does not pertain before the response deadline, a response
to the Office action is not due in the new (child) application(s)
created by the division of the application;
(2) If an Office action pertaining to only one basis in a multiple-
basis application is outstanding, and the applicant files a request to
divide out the basis to which the Office action does not pertain before
the response deadline, a response to the Office action is not due in
the new (child) application(s) created by the division of the
application; or
(3) In a multiple-basis application in which a notice of allowance
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has issued, if the applicant files a request to divide out the basis or
bases to which the notice of allowance does not pertain before the
deadline for filing the statement of use, the new (child) applications
created by the division are not affected by the notice of allowance.
(f) Signature. The applicant, someone with legal authority to bind
the applicant (e.g., a corporate officer or general partner of a
partnership), or a practitioner who meets the requirements of § 10.14
must sign the request to divide.
(g) Section 66(a) applications - change of ownership with respect to
some but not all of the goods or services. (1) When the International
Bureau of the World Intellectual Property Organization notifies the
Office that an international registration has been divided as the
result of a change of ownership with respect to some but not all of the
goods or services, the Office will construe the International Bureau's
notice as a request to divide. The Office will record the partial
change of ownership in the Assignment Services Branch, and divide out
the assigned goods/services from the original (parent) application. The
Office will create a new (child) application serial number, and enter
the information about the new application in its automated records.
(2) To obtain a certificate of registration in the name of the new
owner for the goods/services that have been divided out, the new owner
must pay the fee(s) for the request to divide, as required by § 2.6
and paragraph (b) of this section. The examining attorney will issue an
Office action in the child application requiring the new owner to pay
the required fee(s). If the owner of the child application fails to
respond, the child application will be abandoned. It is not necessary
for the new owner to file a separate request to divide.
(3) The Office will not divide a section 66(a) application based
upon a change of ownership unless the International Bureau notifies the
Office that the international registration has been divided.
36. Revise §§ 2.88(a), (b)(1)(ii), (b)(3), (d), and (i)(2)
to read as follows:
§ 2.88 Filing statement of use after notice of allowance.
(a) In an application under section 1(b) of the Act, a statement of
use under section 1(d) of the Act must be filed within six months after
issuance of a notice of allowance under section 13(b)(2) of the Act, or
within an extension of time granted under § 2.89. A statement of
use that is filed prior to issuance of a notice of allowance is premature.
(b) * * *
(1) * * *
(ii) The mark is in use in commerce, specifying the date of the
applicant's first use of the mark and first use of the mark in commerce
on or in connection with goods or services identified in the notice of
allowance as based on intent to use, and those goods or services
specified in the notice of allowance based on intent to use on or in
connection with which the applicant uses the mark in commerce;
* * * * *
(3) The fee per class required by § 2.6. The applicant must pay
a filing fee sufficient to cover at least one class within the
statutory time for filing the statement of use, or the application will
be abandoned. If the applicant submits a fee insufficient to cover all
the classes in a multiple-class application, the applicant must specify
the classes to be abandoned. If the applicant submits a fee sufficient
to pay for at least one class, but insufficient to cover all the
classes, and the applicant has not specified the class(es) to be
abandoned, the Office will issue a notice granting the applicant
additional time to submit the fee(s) for the remaining classes, or
specify the class(es) to be abandoned. If the applicant does not submit
the required fee(s) or specify the class(es) to be abandoned within the
set time period, the Office will apply the fees paid to the lowest
numbered class(es) in ascending order, and will delete the goods/
services in the higher class(es) from the application.
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* * * * *
(d) The title "Allegation of Use" should appear at the top of the
first page of the document.
* * * * *
(i) * * *
(2) If any goods or services specified in the notice of allowance
are omitted from the identification of goods or services in the
statement of use, the Office will delete the omitted goods/services
from the application. The applicant may not thereafter reinsert these
goods/services.
* * * * *
37. Revise § 2.89(a) introductory text, (a)(2), (a)(3), (b)(2)
and (g) to read as follows:
§ 2.89 Extensions of time for filing a statement of use.
(a) The applicant may request a six-month extension of time to file
the statement of use required by § 2.88. The extension request must
be filed within six months of the date of issuance of the notice of
allowance under section 13(b)(2) of the Act and must include the
following:
(1) * * *
(2) The fee per class required by § 2.6. The applicant must pay
a filing fee sufficient to cover at least one class within the
statutory time for filing the extension request, or the request will be
denied. If the applicant timely submits a fee sufficient to pay for at
least one class, but insufficient to cover all the classes, and the
applicant has not specified the class(es) to which the fee applies, the
Office will issue a notice granting the applicant additional time to
submit the fee(s) for the remaining classes, or specify the class(es)
to be abandoned. If the applicant does not submit the required fee(s)
or specify the class(es) to be abandoned within the set time period,
the Office will apply the fees paid to the lowest numbered class(es) in
ascending order, and will delete the goods/services in the higher
class(es) from the application; and
(3) A statement that is signed and verified (sworn to) or supported
by a declaration under § 2.20 by a person properly authorized to
sign on behalf of the applicant (§ 2.33(a)) that the applicant
still has a bona fide intention to use the mark in commerce, specifying
the relevant goods or services. If the verification is unsigned or
signed by the wrong party, the applicant must submit a substitute
verification within six months of the date of issuance of the notice of
allowance.
(b) * * *
(2) The fee per class required by § 2.6. The applicant must pay
a filing fee sufficient to cover at least one class within the
statutory time for filing the extension request, or the request will be
denied. If the applicant submits a fee insufficient to cover all the
classes in a multiple-class application, the applicant must specify the
classes to be abandoned. If the applicant submits a fee sufficient to
pay for at least one class, but insufficient to cover all the classes,
and the applicant has not specified the class(es) to which the fee
applies, the Office will issue a notice granting the applicant
additional time to submit the fee(s) for the remaining classes, or
specify the class(es) to be abandoned. If the applicant does not submit
the required fee(s) or specify the class(es) to be abandoned within the
set time period, the Office will apply the fees paid to the lowest
numbered class(es) in ascending order, and will delete the goods/
services in the higher class(es) from the application;
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* * * * *
(g) The applicant will be notified of the grant or denial of a
request for an extension of time, and of the reasons for a denial.
Failure to notify the applicant of the grant or denial of the request
prior to the expiration of the existing period or requested extension
does not relieve the applicant of the responsibility of timely filing a
statement of use under § 2.88. If, after denial of an extension
request, there is time remaining in the existing six-month period for
filing a statement of use, applicant may submit a substitute request
for extension of time. Otherwise, the only recourse available after
denial of a request for an extension of time is a petition to the
Director in accordance with § 2.66 or § 2.146. A petition from
the denial of an extension request must be filed within two months of
the date of issuance of the denial of the request. If the petition is
granted, the term of the requested six-month extension that was the
subject of the petition will run from the date of the expiration of the
previously existing six-month period for filing a statement of use.
* * * * *
38. Revise § 2.93 to read as follows:
§ 2.93 Institution of interference.
An interference is instituted by the issuance of a notice of
interference to the parties. The notice shall be sent to each
applicant, in care of the applicant's attorney or other representative
of record, if any, and if one of the parties is a registrant, the
notice shall be sent to the registrant or the registrant's assignee of
record. The notice shall give the name and address of every adverse
party and of the adverse party's attorney or other authorized
representative, if any, together with the serial number and date of
filing and publication of each of the applications, or the registration
number and date of issuance of each of the registrations, involved.
39. Revise §§ 2.99(d)(2) and (g) to read as follows:
§ 2.99 Application to register as concurrent user.
* * * * *
(d)(1) * * *
(2) An answer to the notice is not required in the case of an
applicant or registrant whose application or registration is specified
as a concurrent user in the application, but a statement, if desired,
may be filed within forty days after the issuance of the notice; in the
case of any other party specified as a concurrent user in the
application, an answer must be filed within forty days after the
issuance of the notice.
* * * * *
(g) Registrations and applications to register on the Supplemental
Register and registrations under the Act of 1920
are not subject to concurrent use registration proceedings.
Applications under section 1(b) of the Act of 1946 are subject to
concurrent use registration proceedings only after the applicant files
an acceptable allegation of use under § 2.76 or § 2.88.
Applications based solely on section 44 or section 66(a) of the Act are
not subject to concurrent use registration proceedings.
* * * * *
40. Revise § 2.141 to read as follows:
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§ 2.141 Ex parte appeals from action of trademark examining
attorney.
(a) An applicant may, upon final refusal by the trademark examining
attorney, appeal to the Trademark Trial and Appeal Board upon payment
of the prescribed fee for each class in the application for which an
appeal is taken, within six months of the date of issuance of the final
action. A second refusal on the same grounds may be considered as final
by the applicant for purpose of appeal.
(b) The applicant must pay an appeal fee for each class from which
the appeal is taken. If the applicant does not pay an appeal fee for at
least one class of goods or services before expiration of the six-month
statutory filing period, the application will be abandoned. In a
multiple-class application, if an appeal fee is submitted for fewer
than all classes, the applicant must specify the class(es) in which the
appeal is taken. If the applicant timely submits a fee sufficient to
pay for an appeal in at least one class, but insufficient to cover all
the classes, and the applicant has not specified the class(es) to which
the fee applies, the Board will issue a written notice setting a time
limit in which the applicant may either pay the additional fees or
specify the class(es) being appealed. If the applicant does not submit
the required fee or specify the class(es) being appealed within the set
time period, the Board will apply the fee(s) to the classes in
ascending order, beginning with the lowest numbered class.
41. Revise § 2.146(b), (c), (d), (e), (i) introductory text and
(j)(1) to read as follows:
§ 2.146 Petitions to the Director.
* * * * *
(b) Questions of substance arising during the ex parte prosecution
of applications, including but not limited to questions arising under
sections 2, 3, 4, 5, 6 and 23 of the Act, are not considered to be
appropriate subject matter for petitions to the Director.
(c) Every petition to the Director must include a statement of the
facts relevant to the petition, the points to be reviewed, the action
or relief requested, and the fee required by § 2.6. Any brief in
support of the petition should be embodied in or accompany the
petition. The petitioner, someone with legal authority to bind the
petitioner (e.g., a corporate officer or general partner of a
partnership), or a practitioner who meets the requirements of § 10.14
of this chapter must sign the petition. When facts are to be
proved on petition, the petitioner must submit proof in the form of
affidavits or declarations in accordance with § 2.20, signed by
someone with firsthand knowledge of the facts to be proved, and any
exhibits.
(d) A petition must be filed within two months of the date of
issuance of the action from which relief is requested, unless a
different deadline is specified elsewhere in this chapter.
(e)(1) A petition from the grant or denial of a request for an
extension of time to file a notice of opposition must be filed within
fifteen days from the date of issuance of the grant or denial of the
request. A petition from the grant of a request must be served on the
attorney or other authorized representative of the potential opposer,
if any, or on the potential opposer. A petition from the denial of a
request must be served on the attorney or other authorized
representative of the applicant, if any, or on the applicant. Proof of
service of the petition must be made as provided by § 2.119. The
potential opposer or the applicant, as the case may be, may file a
response within fifteen days from the date of service of the petition
and must serve a copy of the response on the petitioner, with proof of
service as provided by § 2.119. No further document relating to the
petition may be filed.
(2) A petition from an interlocutory order of the Trademark Trial
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and Appeal Board must be filed within thirty days after the date of
issuance of the order from which relief is requested. Any brief in
response to the petition must be filed, with any supporting exhibits,
within fifteen days from the date of service of the petition. Petitions
and responses to petitions, and any documents accompanying a petition
or response under this subsection must be served on every adverse party
pursuant to § 2.119.
* * * * *
(i) Where a petitioner seeks to reactivate an application or
registration that was abandoned, cancelled or expired because documents
were lost or mishandled, the Director may deny the petition if the
petitioner was not diligent in checking the status of the application
or registration. To be considered diligent, a petitioner must:
(1) * * *
* * * * *
(j) * * *
(1) Files the request within two months of the date of issuance of
the decision denying the petition; and
* * * * *
42. Revise § 2.153 to read as follows:
§ 2.153 Publication requirements.
A registrant of a mark registered under the provisions of the Acts
of 1881 or 1905 may at any time prior to the expiration of the period
for which the registration was issued or renewed, upon the payment of
the prescribed fee, file an affidavit or declaration in accordance with
§ 2.20 setting forth those goods stated in the registration on
which said mark is in use in commerce, and stating that the registrant
claims the benefits of the Trademark Act of 1946.
§§ 2.260-2.166 [Amended]
43. Immediately preceding § 2.160, revise the center heading to
read as follows:
Cancellation for Failure To File Affidavit or Declaration
44. Revise § 2.161(g)(3) to read as follows:
§ 2.161 Requirements for a complete affidavit or declaration of
continued use or excusable nonuse.
* * * * *
(g) * * *
(3) Be a digitized image in .jpg or .pdf format, if transmitted
through TEAS.
45. Revise § 2.163(b) to read as follows:
§ 2.163 Acknowledgment of receipt of affidavit or declaration.
* * * * *
(b) A response to the refusal must be filed within six months of
the date of issuance of the Office action, or before the end of the
filing period set forth in section 8(a) or section 8(b) of the Act,
whichever is later. If no response is filed within this time period,
the registration will be cancelled, unless there is time remaining in
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the grace period under section 8(c)(1) of the Act. If there is time
remaining in the grace period, the owner may file a complete new
affidavit.
46. Revise § 2.165(b) to read as follows:
§ 2.165 Petition to Director to review refusal.
* * * * *
(b) If the examiner maintains the refusal of the affidavit or
declaration, a petition to the Director to review the action may be
filed. The petition mustbe filed within six months of the date of issuance
of the action maintaining the refusal, or the Office will cancel the
registration and issue a notice of the cancellation.
* * * * *
47. Amend § 2.167 by revising the heading, introductory text
and paragraphs (a) and (f) to read as follows:
§ 2.167 Affidavit or declaration under section 15.
The owner of a mark registered on the Principal Register or a mark
registered under the Act of 1881 or 1905 and published under § 12(c)
of the Act (§ 2.153) may file an affidavit or declaration of
incontestability under section 15 of the Act. The affidavit or
declaration must:
(a) Be verified (sworn to) or supported by a declaration under
§ 2.20, signed by the owner of the registration or a person
properly authorized to sign on behalf of the owner (§ 2.161(b));
* * * * *
(f) Be filed within one year after the expiration of any five-year
period of continuous use following registration or publication under
section 12(c). The Office will notify the owner of the receipt of the
affidavit or declaration.
* * * * *
48. Revise § 2.171 to read as follows:
§ 2.171 New certificate on change of ownership.
(a) Full change of ownership. If the ownership of a registered mark
changes, the assignee may request that a new certificate of
registration be issued in the name of the assignee for the unexpired
part of the original period. The assignment must be recorded in the
Office, and the request for the new certificate must be signed by the
assignee and accompanied by the fee required by § 2.6(a)(8). In a
registered extension of protection, the assignment must be recorded
with the International Bureau of the World Intellectual Property
Organization before it can be recorded in the Office (see § 7.22).
(b) Partial change of ownership. (1) In a registration resulting
from an application based on section 1 or 44 of the Act, if ownership
of a registration has changed with respect to some but not all of the
goods and/or services, the owner(s) may file a request that the
registration be divided into two or more separate registrations. The
owner(s) must pay the fee required by § 2.6(a)(8) for each new
registration created by the division, and the change of ownership must
be recorded in the Office.
(2) (i) When the International Bureau of the World Intellectual
Property Organization notifies the Office that an international
registration has been divided as the result of a change of ownership
with respect to some but not all of the goods or services, the Office
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will construe the International Bureau's notice as a request to divide.
The Office will record the partial change of ownership in the
Assignment Services Branch, and divide out the assigned goods/services
from the registered extension of protection (parent registration),
issue an updated certificate for the parent registration, and publish
notice of the parent registration in the Official Gazette.
(ii) The Office will create a new registration number for the
child, and enter the information about the new registration in its
automated records. The Office will notify the new owner that the new
owner must pay the fee required by § 2.6 to obtain a new
registration certificate for the child registration. It is not
necessary for the new owner to file a separate request to divide.
(iii) The Office will not divide a registered extension of
protection unless the International Bureau notifies the Office that the
international registration has been divided.
49. Revise § 2.173 to read as follows:
§ 2.173 Amendment of registration.
(a) Form of amendment. The owner of a registration may apply to
amend a registration or to disclaim part of the mark in the
registration. The owner must submit a written request specifying the
amendment or disclaimer. If the registration is involved in an inter
partes proceeding before the Trademark Trial and Appeal Board, the
request must be filed by appropriate motion to the Board.
(b) Requirements for request. A request for amendment or disclaimer
must:
(1) Include the fee required by § 2.6;
(2) Be signed by the owner of the registration, someone with legal
authority to bind the owner (e.g., a corporate officer or general
partner of a partnership), or a practitioner who meets the requirements
of § 10.14 of this chapter, and verified or supported by a
declaration under § 2.20; and
(3) If the amendment involves a change in the mark: a new specimen
showing the mark as used on or in connection with the goods or
services; an affidavit or a declaration under § 2.20 stating that
the specimen was in use in commerce at least as early as the filing
date of the amendment; and a new drawing of the amended mark.
(c) Registration must still contain registrable matter. The
registration as amended must still contain registrable matter, and the
mark as amended must be registrable as a whole.
(d) Amendment may not materially alter the mark. An amendment or
disclaimer must not materially alter the character of the mark.
(e) Amendment of identification of goods. No amendment in the
identification of goods or services in a registration will be permitted
except to restrict the identification or to change it in ways that
would not require republication of the mark.
(f) Conforming amendments may be required. If the registration
includes a disclaimer, description of the mark, or other miscellaneous
statement, any request to amend the registration must include a request
to make any necessary conforming amendments to the disclaimer,
description, or other statement.
(g) Elimination of disclaimer. No amendment seeking the elimination
of a disclaimer will be permitted, unless deletion of the disclaimed
portion of the mark is also sought.
50. Revise § 2.174 to read as follows:
§ 2.174 Correction of Office mistake.
Whenever Office records clearly disclose a material mistake in a
registration, incurred through the fault of the Office, the Office will
issue a certificate of correction stating the fact and nature of the
mistake, signed by the Director or by an employee designated by the
Director, without charge. Thereafter, the corrected certificate shall
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have the same effect as if it had been originally issued in the
corrected form. In the discretion of the Director, the Office may issue
a new certificate of registration without charge.
51. Revise § 2.175(b)(2) to read as follows, and remove
paragraph (c):
§ 2.175 Correction of mistake by registrant.
* * * * *
(b) * * *
(2) Be signed by the owner of the registration, someone with legal
authority to bind the owner (e.g., a corporate officer or general
partner of a partnership), or a practitioner who meets the requirements
of § 10.14 of this chapter, and verified or include a declaration
in accordance with § 2.20; and
* * * * *
52. Revise § 2.176 to read as follows:
§ 2.176 Consideration of above matters.
The matters in §§ 2.171 to 2.175 will be considered in the
first instance by the Post Registration examiners, except for requests
to amend registrations involved in inter partes proceedings before the
Trademark Trial and Appeal Board, as specified in § 2.173(a), which
shall be considered by the Board. If an action of the examiner is
adverse, registrant may petition the Director to review the action
under § 2.146. If the registrant does not respond to an adverse
action of the examiner within six months of the date of issuance, the
matter will be considered abandoned.
53. Amend § 2.183 by adding a new paragraph (f), to read as
follows:
§ 2.183 Requirements for a complete renewal application.
* * * * *
(f) Renewals of registrations issued under a prior classification
system will be processed on the basis of that system, unless the
registration has been amended to adopt international classification
pursuant to § 2.85(e)(3).
54. Revise § 2.184(b) to read as follows:
§ 2.184 Refusal of renewal.
* * * * *
(b)(1) A response to the refusal of renewal must be filed within
six months of the date of issuance of the Office action, or before the
expiration date of the registration, whichever is later. If no response
is filed within this time period, the registration will expire, unless
there is time remaining in the grace period under section 9(a) of the
Act. If there is time remaining in the grace period, the registrant may
file a complete new renewal application.
(2) The registrant, someone with legal authority to bind the
registrant (e.g., a corporate officer or general partner of a
partnership), or a practitioner who meets the requirements of § 10.14
must sign the response.
* * * * *
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55. Revise § 2.186(b) to read as follows:
§ 2.186 Petition to Director to review refusal of renewal.
* * * * *
(b) If the examiner maintains the refusal of the renewal
application, a petition to the Director to review the refusal may be
filed. The petition must be filed within six months of the date of
issuance of the Office action maintaining the refusal, or the renewal
application will be abandoned and the registration will expire.
* * * * *
56. Revise §§ 2.195(b) and (e) to read as follows:
§ 2.195 Receipt of trademark correspondence.
* * * * *
(b) Correspondence delivered by hand. Correspondence may be
delivered by hand during hours the Office is open to receive
correspondence.
* * * * *
(e) Interruptions in U.S. Postal Service. (1) If the Director
designates a postal service interruption or emergency within the
meaning of 35 U.S.C. 21(a), any person attempting to file
correspondence by "Express Mail Post Office to Addressee" service who
was unable to deposit the correspondence with the United States Postal
Service due to the interruption or emergency may petition the Director
to consider such correspondence as filed on a particular date in the
Office.
(2) The petition must:
(i) Be filed promptly after the ending of the designated
interruption or emergency;
(ii) Include the original correspondence or a copy of the original
correspondence; and
(iii) Include a statement that the correspondence would have been
deposited with the United States Postal Service on the requested filing
date but for the designated interruption or emergency in "Express
Mail" service; and that the correspondence attached to the petition is
the original correspondence or a true copy of the correspondence
originally attempted to be deposited as Express Mail on the requested
filing date.
(3) Paragraphs (e)(1) and (2) of this section do not apply to
correspondence that is excluded from the Express Mail procedure
pursuant to § 2.198(a)(1).
PART 3 - ASSIGNMENT, RECORDING AND RIGHTS OF ASSIGNEE
57. The authority citation for part 3 continues to read as follows:
Authority: 15 U.S.C. 1112, 1123; 35 U.S.C. 2, unless otherwise noted.
58. In § 3.31, add paragraph (a)(8) and revise paragraph (f) to
read as follows:
§ 3.31 Cover sheet content.
(a) * * *
(8) For trademark assignments, the entity and citizenship of the
party receiving the interest. In addition, if the party receiving the
interest is a domestic partnership or domestic joint venture, the cover
sheet must set forth the names, legal entities, and national
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citizenship (or the state or country of organization) of all general
partners or active members that compose the partnership or joint
venture.
* * * * *
(f) Each trademark cover sheet should include the citizenship of
the party conveying the interest.
* * * * *
PART 6 - CLASSIFICATION OF GOODS AND SERVICES UNDER THE TRADEMARK ACT
59. The authority citation for part 6 continues to read as follows:
Authority: 15 U.S.C. 1112, 1123; 35 U.S.C. 2, unless otherwise noted.
60. Revise § 6.3 to read as follows:
§ 6.3 Schedule for certification marks.
In applications for registration of certification marks based on
sections 1 and 44 of the Trademark Act and registrations resulting from
such applications, goods and services are classified in two classes as
follows:
A. Goods
B. Services
61. Revise § 6.4 to read as follows:
§ 6.4 Schedule for collective membership marks.
All collective membership marks in applications based on sections 1
and 44 of the Trademark Act and registrations resulting from such
applications are classified as follows:
---------------------------------------------------------------------------
Class Title
---------------------------------------------------------------------------
200....................................... Collective Membership.
---------------------------------------------------------------------------
PART 7 - RULES OF PRACTICE IN FILINGS PURSUANT TO THE PROTOCOL RELATING TO
THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS
62. The authority citation for 37 CFR part 7 continues to read as
follows:
Authority: 15 U.S.C. 1123, 35 U.S.C. 2, unless otherwise noted.
63. Revise § 7.11(a)(2) to read as follows:
§ 7.11 Requirements for international application originating from
the United States.
(a) * * *
(2) The name and entity of the international applicant that is
identical to the name and entity of the applicant or registrant in the
basic application or basic registration and applicant's current
address;
* * * * *
64. Revise § 7.14(e) to read as follows:
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§ 7.14 Correcting irregularities in international application.
* * * * *
(e) Procedure for response. To be considered timely, a response
must be received by the International Bureau before the end of the
response period set forth in the International Bureau's notice. Receipt
in the Office does notfulfill this requirement. Any response submitted
through the Office for forwarding to the International Bureau should be
submitted as soon as possible, but at least one month before the end of the
response period in the International Bureau's notice. The Office will not
process any response received in the Office after the International Bureau's
response deadline.
65. Revise § 7.25(a) to read as follows:
§ 7.25 Sections of part 2 applicable to extension of protection.
(a) Except for §§ 2.22-2.23, 2.130-2.131, 2.160-2.166,
2.168, 2.173, and 2.181-2.186, all sections in part 2 and all sections
in part 10 of this chapter shall apply to an extension of protection of
an international registration to the United States, including sections
related to proceedings before the Trademark Trial and Appeal Board,
unless otherwise stated.
* * * * *
66. Revise § 7.39(b) to read as follows:
§ 7.39 Acknowledgment of receipt of affidavit or declaration of
use in commerce or excusable nonuse.
* * * * *
(b) A response to a refusal under paragraph (a) of this section
must be filed within six months of the date of issuance of the Office
action, or before the end of the filing period set forth in section
71(a) of the Act, whichever is later. The Office will cancel the
extension of protection if no response is filed within this time period.
67. Revise § 7.40(b) to read as follows:
§ 7.40 Petition to Director to review refusal.
* * * * *
(b) If the examiner maintains the refusal of the affidavit or
declaration, the holder may file a petition to the Director to review
the examiner's action. The petition must be filed within six months of
the date of issuance of the action maintaining the refusal, or the
Office will cancel the registration.
* * * * *
June 4, 2008 JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
| Changes in Requirements for Signature of Documents, Recognition of Representatives, and Establishing and Changing the Correspondence Address in Trademark Cases |
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 2
[Docket No. PTO-T-2008-0021]
RIN 0651-AC26
Changes in Requirements for
Signature of Documents, Recognition of Representatives, and
Establishing and Changing the Correspondence Address in Trademark Cases
AGENCY: United States Patent and Trademark Office, Commerce.
ACTIONS: Proposed rule.
SUMMARY: The United States Patent and Trademark Office ("Office")
proposes to revise the Trademark Rules of Practice to set forth the
requirements for signature of documents filed in the Office,
recognition of representatives, and establishing and changing the
correspondence address in trademark cases.
DATES: Comments must be received by August 11, 2008 to ensure
consideration.
ADDRESSES: The Office prefers that comments be submitted via electronic
mail message to TMSignature@uspto.gov. Written comments may also be
submitted by mail to Commissioner for Trademarks, P.O. Box 1451,
Alexandria, VA 22313-1451, attention Mary Hannon; by hand delivery to
the Trademark Assistance Center, Concourse Level, James Madison
Building - East Wing, 600 Dulany Street, Alexandria, Virginia, attention
Mary Hannon; or by electronic mail message via the Federal eRulemaking
Portal. See the Federal eRulemaking Portal Web site (http://frwebgate.
access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=
http://www.regulations.gov) for additional instructions on providing
comments via the Federal eRulemaking Portal. The comments will be available
for public inspection on the Office's Web site at http://frwebgate.
access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=
http://www.uspto.gov, and will also be available at the Office of the
Commissioner for Trademarks, Madison East, Tenth Floor, 600 Dulany Street,
Alexandria, Virginia.
SUPPLEMENTARY INFORMATION: The Office proposes to revise the Trademark
Rules of Practice (37 CFR Part 2) to set forth the requirements for
signature of documents filed in the Office, recognition of
representatives, and establishing and changing the correspondence
address in trademark cases. The purpose of the rule is to codify and
clarify current practice.
References below to "the Act," "the Trademark Act," or "the
statute" refer to the Trademark Act of 1946, 15 U.S.C. 1051 et seq., as
amended. References to "TMEP" or "Trademark Manual of Examining Procedure"
refer to the 5th edition, September 2007. References to a "party to a
proceeding" refer to a party to a proceeding before the Trademark
Trial and Appeal Board, e.g., an opposer, cancellation petitioner, or a
party to an interference or concurrent use proceeding.
Overview of Current Practice
Persons Authorized To Represent Others
Under 37 CFR 10.14, only the following individuals may represent an
applicant, registrant, or party to a proceeding before the Office in a
trademark case:
An attorney as defined in § 10.1(c), i.e., an attorney
who is a member in good standing of the bar of the highest court of a
state in the United States;
A Canadian patent agent who is registered and in good
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standing as a patent agent under § 11.6(c) for the limited purpose
of representing parties located in Canada;
A Canadian attorney or agent who has been granted
recognition by the Director of the Office of Enrollment and Discipline
of the United States Patent and Trademark Office ("OED Director") to
represent parties located in Canada; or
An individual who is not an attorney but was recognized to
practice before the Office in trademark cases under this chapter prior
to January 1, 1957.
See Trademark Manual of Examining Procedure ("TMEP") Sections 602 and
602.06 et seq.
An individual who does not meet the requirements of § 10.14
cannot: Prepare documents to be filed in the Office; sign amendments,
responses to Office actions, petitions to the Director under § 2.146,
or letters of express abandonment; authorize examiner's amendments,
priority actions, or changes of correspondence address; or otherwise
represent an applicant, registrant, or party to a proceeding in the
Office. 5 U.S.C. 500(d); 37 CFR 10.14(e); TMEP sections 602.03
and 605.02.
Recognition of Representative
To be recognized as a representative, a practitioner who meets the
requirements of § 10.14 ("qualified practitioner") may:
File a power of attorney signed by the applicant,
registrant, or party to a proceeding in a trademark case, or by someone
with legal authority to bind the applicant, registrant, or party (e.g.,
a corporate officer or general partner of a partnership);
Sign a document on behalf of an applicant, registrant, or
party to a proceeding who is not already represented by a qualified
practitioner from a different firm; or
Appear in person on behalf of an applicant, registrant, or
party to a proceeding who is not already represented by a qualified
practitioner from a different firm.
37 CFR 2.17(c); TMEP sections 602.01 and 602.07.
Once the Office has recognized a qualified practitioner as the
representative of an applicant or registrant, the Office will
communicate and conduct business only with that practitioner, or with
another qualified practitioner from the same firm. The Office will not
conduct business directly with the applicant or registrant, or with
another qualified practitioner from a different firm, unless the
applicant or registrant files a new power of attorney or revocation of
the previous power. TMEP sections 601.02, 602.07, and 603.02(a).
For purposes of recognition as a representative, the Office
considers a power of attorney to end when the mark is registered, when
ownership changes, or when the application is abandoned. TMEP section
602.01.
After a change in ownership has been recorded, if a new qualified
practitioner appears on behalf of the new owner, the Office will
communicate and conduct business with that practitioner even if no new
power of attorney or revocation of the previous power is filed. On the
other hand, if the previously recognized practitioner appears on behalf
of the new owner (which might occur when the new owner is a related
company), the Office will continue to conduct business and correspond
with that practitioner.
Establishing the Correspondence Address for Application or Registration
Upon receipt of an application, the Office enters the
correspondence address in accordance with the following guidelines:
If the application is transmitted by a qualified
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practitioner, or includes a power of attorney designating a qualified
practitioner, the Office will send correspondence to the practitioner.
If an application is not being prosecuted by a qualified
practitioner and the applicant has not designated a correspondence
address, but a domestic representative has been appointed, the Office
will send correspondence to the domestic representative.
If an application is not being prosecuted by a qualified
practitioner but the applicant designates in writing a correspondence
address other than its own address, the Office will send correspondence
to that address.
If the application is not being prosecuted by a qualified
practitioner, no domestic representative has been appointed, and the
applicant has not designated a different address for correspondence,
the Office will send correspondence directly to the applicant at its
address of record.
37 CFR 2.18; TMEP section 603.01
The Office reestablishes the correspondence address in accordance
with these same guidelines upon the examination of an affidavit of use
or excusable nonuse under section 8 of the Trademark Act, affidavit or
declaration of incontestability under section 15 of the Act, renewal
application under section 9 of the Act, or request for amendment or
correction of a registration under section 7 of the Act. TMEP section
603.02(c). Due to the length of time that elapses between registration
and filings under sections 7, 8, 9, 15 and 71 of the Act (which can be
10 years or more), the Office will recognize a qualified practitioner
who transmits such a filing even if there is no new power of attorney
or revocation of a previous power.
Changing the Correspondence Address
Once the correspondence address is established as discussed above,
the Office will send correspondence to that address unless there is a
written request to change the address, signed by the practitioner who
has been recognized by the Office, or by the applicant or registrant or
someone with legal authority to bind the applicant or registrant (e.g.,
a corporate officer or general partner of a partnership) if the
applicant or registrant is not represented by a qualified practitioner.
37 CFR 2.18(b); TMEP sections 601.02, 602.07, and 603.02(a).
Once the Office has recognized a qualified practitioner as the
representative of an applicant or registrant, only that practitioner,
or another qualified practitioner from the same firm, can sign a
request to change the address, unless the applicant or registrant files
a new power of attorney or revocation of the previous power, or the
recognized practitioner files a request to withdraw. TMEP sections
603.02(a) and 605.02.
If a qualified practitioner transmits documents on behalf of an
applicant or registrant who is not already represented by another
qualified practitioner from a different firm, the Office will construe
this as including a request to change the correspondence address to that
of the practitioner. TMEP section 603.02(a).
Documents Must Be Properly Signed
Because an individual who is not authorized under § 10.14
cannot represent an applicant, registrant, or party to a proceeding
before the Office, the Office will not act on documents that are not
properly signed. TMEP sections 602.03 and 605.02. When it is unclear
whether a response to an Office action is signed by a proper person,
the Office will notify the applicant or registrant that the response is
incomplete. See TMEP sections 605.05(a) and 712.03 regarding notices of
incomplete response. When it is unclear whether a document other than a
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response to an Office action is signed by a proper person, the Office
will notify the applicant or registrant that no action will be taken on
the document, unless the applicant or registrant either establishes the
signatory's authority or submits a properly signed document. See TMEP
section 605.05.
Unauthorized Practice
When the Office learns that a person who is not qualified under
§ 10.14 is acting as the representative of an applicant,
registrant, or party to a proceeding, the Office will notify the
affected applicant, registrant, or party that the individual is not
entitled to practice before the Office in trademark matters, and
therefore, may not represent the applicant, registrant, or party; that
any power of attorney is void ab initio; that the individual may not
sign responses to Office actions; and that all correspondence will be
sent to the domestic representative if one has been designated, or
alternatively, to the applicant, registrant, or party to a proceeding
at its address of record. If the Office receives a response signed by
such an unqualified person, the response will be treated as incomplete.
This same practice is followed when the Office learns that a
practitioner has been suspended or excluded from practice before the
Office.
Discussion of Proposed Rules Changes
Where appropriate, the Office proposes to reword or reorganize the
rules for clarity, and to add headings to make it easier to navigate
through the rules.
The Office proposes to redesignate § 2.17(a) as § 2.17(b)(2).
The Office proposes to redesignate § 2.17(b) as § 2.17(f).
The Office proposes to redesignate § 2.17(c) as § 2.17(b),
and to revise it to provide that the Office will recognize a qualified
practitioner who signs a document or appears in person in a trademark
case only if the applicant, registrant, or party to a proceeding is not
already represented by a qualified practitioner from a different firm.
This is consistent with TMEP sections 602.01 and 602.07.
The Office proposes to set forth the requirements for powers of
attorney in § 2.17(c). A power must: (1) Designate by name at least
one practitioner who meets the requirements of 37 CFR 10.14; and (2) be
signed by the individual applicant, registrant, or party to a
proceeding pending before the Office, or by someone with legal
authority to bind the applicant, registrant, or party (e.g., a
corporate officer or general partner of a partnership). Once the
applicant, registrant, or party to a proceeding has designated a
qualified practitioner(s), that practitioner may sign an associate
power of attorney appointing another qualified practitioner(s) as an
additional person(s) authorized to represent the applicant, registrant,
or party to a proceeding. This is consistent with TMEP sections 602.01
and 602.01(b).
The Office proposes to amend § 2.17(d) to add a provision that
the owner of an application or registration may appoint an attorney
through TEAS for up to 20 applications or registrations that have the
identical owner and attorney. This is consistent with TMEP section
602.01(a).
The Office proposes to add § 2.17(e) to set forth the
circumstances under which a Canadian attorney or agent may represent
parties located in Canada. A Canadian patent agent who is registered
with the Office and in good standing as a patent agent under § 11.6(c)
may represent parties located in Canada before the Office in
trademark matters. A Canadian attorney or agent who is registered or in
good standing with the Canadian Intellectual Property Office, but not
registered as a patent agent under § 11.6(c), may represent parties
located in Canada if he or she has been authorized to do so by the OED
Director. Before undertaking to represent an applicant, registrant, or
party before the Office, and before filing a paper with the Office, a
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Canadian attorney or agent who is not registered with the Office and in
good standing as a patent agent under § 11.6(c) must both file a
request for and be granted recognition to practice before the Office in
trademark cases. The request for recognition must be filed with OED.
The request must be granted by the OED Director before representation
is undertaken and before any application or other document is filed in
the Office. The request for recognition must include proof that he/she
satisfies the requirements of 35 U.S.C. 32 and 37 CFR § 10.14(c).
This is consistent with TMEP section 602.06(a). The Office has
separately proposed to replace 37 CFR 10.14(c) with 37 CFR 11.14(c) and
add 37 CFR 11.14(f). Under 37 CFR 11.14(c), a Canadian attorney or
agent will be required to file a written application for reciprocal
recognition under 37 CFR 11.14(f), provide evidence satisfying § 11.14(c),
and pay an application fee that will be required by 37 CFR 1.21(a)(1)(i).
Once recognized by OED, the Canadian attorney or agent can only
represent parties who are located in Canada. He or she cannot represent
Canadian nationals who are not located in Canada. Thus, a Canadian
attorney or agent could not represent a Canadian national who resides
in California and has access to a mailing address in Canada.
The Office proposes to add § 2.17(g)(1), to provide that the
Office considers a power of attorney to end with respect to a pending
application when the mark is registered, when ownership changes, or
when the application is abandoned. This is consistent with TMEP section
602.01.
The Office proposes to add § 2.17(g)(2), to provide that the
Office considers a power of attorney filed after registration to end
when the mark is cancelled or expired, or when ownership changes. If
the power was filed in connection with an affidavit of use or excusable
nonuse under section 8 or 71 of the Trademark Act, affidavit or
declaration of incontestability under section 15 of the Act, renewal
application under section 9 of the Act, or request for amendment or
correction under section 7 of the Act, the power is deemed to end upon
acceptance or final rejection of the filing.
Current § 2.18 sets forth the procedures for establishing the
correspondence address. The Office proposes to revise and reorganize
§ 2.18 to clarify the procedures for establishing and changing a
correspondence address.
Proposed § 2.18(a)(2) provides that if a qualified practitioner
transmits a document(s) on behalf of an applicant, registrant, or party
to a proceeding in a trademark case, the Office will send
correspondence to the practitioner transmitting the documents only if
the applicant, registrant, or party to a proceeding is not already
represented by another qualified practitioner. This is consistent with
TMEP sections 602.07, 603.01, and 603.02(a).
Proposed § 2.18(a)(6) provides that the Office will send
correspondence to only one address. This is consistent with current
§ 2.18(b).
Proposed § 2.18(a)(7) provides that once the Office has
recognized a qualified practitioner as the representative of an
applicant, registrant, or party to a proceeding, the Office will
communicate and conduct business only with that practitioner, or with
another qualified practitioner from the same firm. The Office will not
conduct business directly with the applicant, registrant, or party to a
proceeding, or with another qualified practitioner from a different
firm, unless the applicant, registrant, or party to a proceeding files
a revocation of the power of attorney under § 2.19(a), and/or a new
power of attorney that meets the requirements of § 2.17(c). The
proposed rule further provides that a written request to change the
correspondence address does not revoke a power of attorney. This is
consistent with TMEP sections 601.02, 602.07, and 603.02(a).
Proposed § 2.18(b)(1) provides that when a physical or e-mail
correspondence address changes, the applicant, registrant, or party to
a proceeding must file a written request to change the correspondence
address. The request should be promptly filed. This is consistent with
TMEP section 603.03.
Proposed § 2.18(b)(2) provides that a request to change the
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correspondence address must be made in writing, signed by the
applicant, registrant, or party to a proceeding, someone with legal
authority to bind the applicant, registrant, or party (e.g., a
corporate officer or general partner of a partnership), or a qualified
practitioner, in accordance with § 2.193(e)(2). This is consistent
with current § 2.18(b) and TMEP sections 603.02 and 603.02(a).
Proposed § 2.18(b)(3) provides that if an applicant or
registrant files a new power of attorney that meets the requirements of
§ 2.17(c), the Office will change the correspondence address to
that of the practitioner named in the power.
Proposed § 2.18(b)(4) provides that if a qualified practitioner
transmits a document(s) on behalf of an applicant, registrant, or party
to a proceeding who is not already represented by another qualified
practitioner, the Office will construe this as including a request to
change the correspondence address to that of the practitioner, and will
send correspondence to the practitioner. This is consistent with TMEP
section 603.02(a).
The Office proposes to add § 2.18(c)(1), to provide that even
if there is no new power of attorney or written request to change the
correspondence address, the Office will change the correspondence
address upon the examination of an affidavit of use or excusable nonuse
under section 8 or 71 of the Trademark Act, affidavit or declaration of
incontestability under section 15 of the Act, renewal application under
section 9 of the Act, or request for amendment or correction under
section 7 of the Act. This is consistent with TMEP section 603.02(c).
Due to the length of time that elapses between filings under sections
7, 8, 9, 15 and 71 of the Act (which can be 10 years or more), the
Office automatically enters a new correspondence address upon
examination of each filing.
The Office proposes to add § 2.18(c)(2), to provide that once
the Office establishes a correspondence address upon examination of an
affidavit, renewal application or section 7 request, a written request
to change the address is required to change the address during the
pendency of that filing.
Example 1: Attorney A transmits an affidavit of use under
section 8, and the examiner issues an Office action in connection
with the affidavit. If another attorney from a different firm
(Attorney B) wants to file a response to the Office action, Attorney
B must file a new power of attorney and/or revocation of the
previous power, signed by the owner of the registration or someone
with legal authority to bind the owner, before the Office will act
on the response and send correspondence to Attorney B.
Example 2: Attorney A transmits an affidavit of use under
section 8, and the Office accepts the affidavit. If another attorney
from a different firm (Attorney B) later files a request for
amendment under section 7, the Office will recognize and correspond
with Attorney B regardless of whether a new power of attorney or
revocation of the previous power is filed.
Example 3: Attorney A transmits an affidavit of use under
section 8, and the examiner issues an Office action in connection
with the affidavit. If another attorney from a different firm
(Attorney B) wants to file a request for amendment under section 7
before the Office accepts or issues a final rejection of the section
8 affidavit, Attorney B must file a new power of attorney and/or
revocation of the previous power, signed by the owner of the
registration or someone with legal authority to bind the owner,
before the Office will act on the section 7 request and send
correspondence to Attorney B.
The Office proposes to revise § 2.19(a) to clarify the
requirements for revocation of a power of attorney. Proposed § 2.19(a)(1)
provides that a request to revoke a power of attorney must
be signed by the applicant, registrant, or party to a proceeding, or by
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someone with legal authority to bind the applicant, registrant, or
party. This is consistent with TMEP section 602.04.
The Office proposes to add § 2.19(a)(3), stating that a request
to change the correspondence address does not revoke a power of
attorney.
The Office proposes to add § 2.19(a)(4), stating that a new
power of attorney that meets the requirements of § 2.17(c) will be
treated as a revocation of the previous power.
The Office proposes to remove the provision in the current § 2.19(a)
that the Office will notify the affected person of the
revocation of his or her authorization. The Office no longer issues
such notices. Anyone who wants to know whether the revocation of a
power of attorney has been entered can check the TARR database on the
Office's Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.
cgi?from=leavingFR.html&log=linklog&to=http://tarr.uspto.gov.
The Office proposes to revise § 2.19(b) to set forth the
requirements for filing a request to withdraw as attorney. This is
consistent with TMEP section 602.05. The request should be filed soon
after the practitioner notifies the client of his/her intent to
withdraw, and must include the application serial number, registration
number, or proceeding number; a statement of the reason(s) for the
request to withdraw; and either (1) a statement that the practitioner
has given due notice to the client that the practitioner is withdrawing
from employment and will be filing the necessary documents with the
Office; that the client was given notice of the withdrawal at least two
months before the expiration of the response period, if applicable;
that the practitioner has delivered to the client all documents and
property in the practitioner's file concerning the application or
registration to which the client is entitled; and that the practitioner
has notified the client of any responses that may be due, and of the
deadline for response; or (2) if there is more than one attorney of
record, a statement that representation by co-counsel is ongoing.
The Office proposes to amend § 2.22(a)(11) to change a cross-
reference.
The Office proposes to amend § 2.23(a)(2), which requires that
a TEAS Plus applicant continue to receive communications from the
Office by electronic mail during the pendency of the application, to
add a requirement that a TEAS Plus applicant maintain a valid e-mail
correspondence address in order to maintain TEAS Plus status. If the
e-mail address changes, the applicant must notify the Office of the
change.
The Office proposes to redesignate § 2.24 as § 2.24(a), and
amend it to provide that if an applicant is not domiciled in the United
States, the applicant may designate the name and address of some person
resident in the United States on whom may be served notices or process in
proceedings affecting the mark by: (1) Setting forth the name of the
domestic representative in the initial application, or (2) filing a
separate designation signed by the applicant, someone with legal
authority to bind the applicant (e.g., a corporate officer or general
partner of a partnership), or a qualified practitioner.
Where the designation of domestic representative is set forth in
the initial application, the designation may be signed by a person
authorized to sign the application on behalf of applicant, pursuant to
proposed § 2.193(e)(1). The Office does not question the authority
of the signatory, unless there is an inconsistency in the record as to
the signatory's authority to sign. TMEP section 804.04.
The Office proposes to add new § 2.24(b), to provide that a
request to change or revoke a designation of domestic representative
must be signed by the applicant, someone with legal authority to bind
the applicant, or a qualified practitioner.
The Office proposes to amend § 2.33(a) to remove the definition
of "person properly authorized to sign" a verification on behalf of
applicant, and replace it with a cross-reference to proposed § 2.193(e)(1).
The substance of this definition is unchanged.
The Office proposes to remove § 2.33(d), which provided for
signature of verifications in applications filed through TEAS, because
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it is unnecessary. The procedure for signing a TEAS document is set
forth in proposed § 2.193(c). This procedure is unchanged.
The Office proposes to amend § 2.62 and its heading to add a
requirement that a response to an Office action be signed by the
applicant, someone with legal authority to bind the applicant, or a
qualified practitioner, in accordance with the requirements of proposed
§ 2.193(e)(2). This includes responses to suspension inquiries or
letters of suspension. This is consistent with TMEP section 712.01.
The Office proposes to amend § 2.64(b) to add a requirement
that a request for reconsideration of a final action be signed by the
applicant, someone with legal authority to bind the applicant, or a
qualified practitioner, in accordance with the requirements of proposed
§ 2.193(e)(2). This is consistent with current practice.
The Office proposes to amend § 2.68 to add a requirement that a
request for express abandonment of an application be signed by the
applicant, someone with legal authority to bind the applicant, or a
qualified practitioner, in accordance with the requirements of proposed
§ 2.193(e)(2). This is consistent with TMEP section 718.01.
The Office proposes to revise § 2.74 to add a new paragraph
(c), requiring that such an amendment be signed by the applicant,
someone with legal authority to bind the applicant, or a qualified
practitioner, in accordance with the requirements of proposed §
2.193(e)(2). This is consistent with TMEP section 605.02.
The Office proposes to amend § 2.76(b)(1) to change a cross-
reference.
The Office proposes to amend § 2.87(d) to add a provision that
a request to divide be signed by the applicant, someone with legal
authority to bind the applicant (e.g., a corporate officer or general
partner of a partnership), or a qualified practitioner, in accordance
with the requirements of proposed § 2.193(e)(2). This is consistent
with TMEP section 1110.
The Office proposes to amend § 2.88(b)(1) to change a cross-
reference.
The Office proposes to amend § § 2.89 (a)(3) and (b)(3) to
change cross-references.
The Office proposes to amend § 2.146(c) to add a provision that
a petition to the Director be signed by the petitioner, someone with
legal authority to bind the petitioner, or a qualified practitioner, in
accordance with the requirements of proposed § 2.193(e)(2). This is
consistent with TMEP section 1705.07. The proposed rule further
provides that when facts are to be proved on petition, the petitioner
must submit proof in the form of affidavits or declarations in
accordance with § 2.20, signed by someone with firsthand knowledge
of the facts to be proved. TMEP section 1705.03.
The Office proposes to amend § 2.161(b) to remove the
definition of "person properly authorized to sign" an affidavit or
declaration of use or excusable nonuse under section 8 of the Trademark
Act ("section 8 affidavit") and replace it with a cross-reference to
proposed § 2.193(e)(1). The substance of this definition is
unchanged.
The Office proposes to amend § 2.163(b) to add a provision that
a response to an Office action issued in connection with a section 8
affidavit be signed by the owner, someone with legal authority to bind
the owner, or a qualified practitioner, in accordance with the
requirements of proposed § 2.193(e)(2). This is consistent with
TMEP section 1604.16.
The Office proposes to amend § 2.167 to add a provision that an
affidavit or declaration of incontestability under section 15 of the
Trademark Act be filed in the name of the owner of the registration,
and verified by the owner or a person properly authorized to sign on
behalf of the owner under proposed § 2.193(e)(1). This is
consistent with TMEP section 1605.04.
The Office proposes to amend § 2.171(a) to add a provision that
a request for a new certificate of registration upon change of
ownership be signed by the owner of the registration, someone with
legal authority to bind the owner, or a qualified practitioner.
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The Office proposes to remove the requirement in § 2.171(a)
that the original certificate of registration be included with a
request for a new certificate of registration upon change of ownership.
This is consistent with current practice, and with Office practice in
connection with requests to amend or correct registrations under
section 7 of the Trademark Act. See notice at 69 FR 51362 (Aug. 29,
2004), removing the requirement that the original certificate be
included with a section 7 request.
The Office proposes to amend § 2.171(b) to add a provision that
a request to divide a registration upon change of ownership with
respect to some but not all of the goods/services be signed by the
owner of the registration, someone with legal authority to bind the
owner (e.g., a corporate officer or general partner of a partnership),
or a qualified practitioner. This is consistent with current practice.
The Office proposes to amend § 2.172 to add a provision that a
request for surrender of a registration be filed in the name of the
owner of the registration, and signed by the owner, a person with legal
authority to bind the owner, or a qualified practitioner. This is
consistent with current practice.
The Office proposes to amend §§ 2.173(a) and 2.175(b)(2) to
add a provision that a request to amend a registration or to correct
the owner's error in a registration be filed by the owner and signed by
the owner, someone with legal authority to bind the owner (e.g., a
corporate officer or general partner of a partnership), or a qualified
practitioner. The requirement for filing in the name of the owner is
consistent with current practice. However, the requirement for
signature by someone with legal authority to bind the owner or a
qualified practitioner changes current practice slightly. TMEP sections
1609.01(b) and 1609.10(b) now permit signature by a person with
firsthand knowledge of the facts and actual or implied authority to act
on behalf of the owner, which could include someone without legal authority
to bind the owner. The Office believes that the better practice would be to
require that requests to amend or correct a registration be signed by
someone with legal authority to bind the owner or by a qualified
practitioner.
The Office proposes to amend § 2.184(b) to add a provision that
a response to an Office action issued in connection with a renewal
application be signed by the registrant, someone with legal authority
to bind the registrant (e.g., a corporate officer or general partner of
a partnership), or a qualified practitioner, in accordance with the
requirements of proposed § 2.193(e)(2). This is consistent with
TMEP section 1606.12.
The Office proposes to redesignate § 2.193(a) as § 2.193(g).
The Office proposes to redesignate § 2.193(b) as § 2.193(h).
The Office proposes to move and reorganize the current § 2.193(c)(1)
in proposed § § 2.193 (a), (b) and (c).
Proposed § 2.193(a) provides that each piece of correspondence
that requires a signature must bear: (1) A handwritten signature
personally signed in permanent ink by the person named as the
signatory, or a true copy thereof; or (2) an electronic signature that
meets the requirements of paragraph (c). The proposed rule makes it
clear that a handwritten signature must be personally signed by the
person named as the signatory, and an electronic signature must be
personally entered by the person named as the signatory.
Proposed § 2.193(a)(2) provides that the Office will accept a
signature that meets the requirements of paragraph (c) on all
correspondence, whether filed on paper, by facsimile transmission, or
through TEAS or ESTTA. This is consistent with TMEP section 804.05.
Proposed § 2.193(c) sets forth the requirements for signing a
document electronically, previously set forth in § 2.193(c)(1)(iii).
The Office proposes to redesignate § 2.193(c)(2) as § 2.193(f).
The Office proposes to add new § 2.193(d), to require that the
name of the person who signs a document in connection with a trademark
application or registration must be set forth in printed or typed form
immediately below or adjacent to the signature, or identified elsewhere
in the filing (e.g., in a cover letter or other document that
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accompanies the filing).
The Office proposes to redesignate § 2.193(d) as § 2.193(i).
The Office proposes to add new § 2.193(e), setting forth the
proper person to sign various types of documents that are commonly
filed in connection with trademark applications and registrations.
Proposed § 2.193(e)(1) sets forth the definition of a person
who is properly authorized to sign a verification in support of an
application for registration, amendment to an application for
registration, allegation of use under § 2.76 or § 2.78, request
for extension of time to file a statement of use under § 2.89, or
an affidavit under section 8, 15 or 71 of the Trademark Act. This is
consistent with current §§ 2.33(a) and 2.161(b).
Proposed § 2.193(e)(2) provides that the applicant or
registrant, someone with legal authority to bind the applicant or
registrant (e.g., a corporate officer or general partner of a
partnership), or a qualified practitioner must sign responses to Office
actions, amendments to applications, requests for reconsideration of
final actions, requests for express abandonment, requests to divide,
notices of change of address, and petitions under § 2.146. This is
consistent with proposed §§ 2.62(b), 2.64(b), 2.68(a), 2.74(c),
2.87(d), 2.146(c), 2.163(b), and 2.184(b), discussed above.
Proposed § 2.193(e)(2)(i) provides that if the applicant or
registrant is represented by a qualified practitioner, the practitioner
must sign, except where correspondence is required to be signed by the
applicant or registrant. This is consistent with current § 10.18(a).
This applies to both in-house and outside counsel.
Proposed § 2.193(e)(2)(ii) provides that if the applicant or
registrant is not represented by a qualified practitioner, the
individual applicant or registrant, or someone with legal authority to
bind the applicant or registrant (e.g., a corporate officer or general
partner of a partnership) must sign. In the case of joint applicants or
joint registrants who are not represented by a qualified practitioner,
all must sign. This is consistent with TMEP sections 605.02, 712.01 and
712.01(a)(i).
Proposed § 2.193(e)(3) provides that the individual applicant
or registrant or someone with legal authority to bind the applicant or
registrant (e.g., a corporate officer or general partner of a
partnership) must sign powers of attorney and revocations of powers of
attorney; that in the case of joint applicants or joint registrants,
all must sign; that once the applicant or registrant has designated a
qualified practitioner(s), the named practitioner may sign an associate
power of attorney appointing another qualified practitioner(s) as an
additional person(s) authorized to prosecute the application or
registration; and that if the applicant or registrant revokes the
original power of attorney, this revocation also discharges any
associate power signed by the practitioner whose power has been
revoked. This is consistent with proposed §§ 2.17(c) and
2.19(a), discussed above.
Proposed § 2.193(e)(4) provides that someone with firsthand
knowledge of the facts regarding unintentional delay must sign a
petition to revive under § 2.66. This is consistent with current
§§ 2.66(b)(2) and (c)(2).
Proposed § 2.193(e)(5) provides that the registrant or the
registrant's representative must sign a renewal application. This is
consistent with current § 2.183(a).
Proposed § 2.193(e)(6) provides that the owner of the
registration, someone with legal authority to bind the owner (e.g., a
corporate officer or general partner of a partnership), or a qualified
practitioner must sign a request for correction, amendment or surrender
of a registration; and that in the case of joint owners who are not
represented by a practitioner authorized to practice before the Office
under 37 CFR 10.14, all must sign. This is consistent with proposed
§§ 2.172, 2.173(a) and 2.175(b)(2).
Proposed § 2.193(e)(7) provides that a designation or
revocation of a domestic representative must be signed by applicant or
registrant, someone with legal authority to bind the applicant or
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registrant (e.g., a corporate officer or general partner of a
partnership), or a qualified practitioner.
Proposed § 2.193(e)(8) provides that a person transmitting
documents to the Office may sign a cover letter or transmittal letter;
and that the Office neither requires cover letters nor questions the
authority of a person who signs a communication that merely transmits
documents. This is consistent with TMEP section 605.03.
Rule Making Requirements
Executive Order 12866: This rule has been determined not to be
significant for purposes of Executive Order 12866.
Administrative Procedure Act: This rule merely involves rules of
agency practice and procedure within the meaning of 5 U.S.C. 553(b)(A).
Therefore, this rule may be adopted without prior notice and
opportunity for public comment under 5 U.S.C. 553(b) and (c), or
thirty-day advance publication under 5 U.S.C. 553(d). However, the
Office has chosen to seek public comment before implementing the rule.
Regulatory Flexibility Act: The Deputy General Counsel for General
Law of the United States Patent and TrademarkOffice hereby certifies
to the Chief Counsel for Advocacy of the Small Business Administration
that this notice of proposed rule making, Changes in Requirements for
Signature of Documents, Recognition of Representatives, and Establishing
and Changing the Correspondence Address in Trademark Cases (RIN 0651-AC26),
will not have a significant impact on a substantial number of small
entities (Regulatory Flexibility Act, 5 U.S.C. 605(b)).
As prior notice and an opportunity for public comment are not
required pursuant to 5 U.S.C. 553 (or any other law), neither a
regulatory flexibility analysis nor a certification under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is required.
See 5 U.S.C. 603.
The proposed rules clarify certain requirements for signature of
documents filed in the Office, recognition of representatives, and
establishing and changing the correspondence address in trademark
cases. In large part, the proposed rule changes are intended to codify
existing practice. Although the proposed rules may affect trademark
applicants or registrants, because they codify the existing practice of
the Office, the changes proposed in this notice will not have a
significant economic impact on a substantial number of small entities.
Unfunded Mandates: The Unfunded Mandates Reform Act requires, at 2
U.S.C. 1532, that agencies prepare an assessment of anticipated costs
and benefits before issuing any rule that may result in expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any given year. This rule would have no such effect on
State, local, and tribal governments or the private sector.
Executive Order 13132: This rule does not contain policies with
federalism implications sufficient to warrant preparation of a
Federalism Assessment under Executive Order 13132 (Aug. 4, 1999).
Paperwork Reduction Act: This proposed rule involves information
collection requirements which are subject to review by the Office of
Management and Budget under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). The collection of information in this proposed
rule have been reviewed and previously approved by the OMB under OMB
control numbers: 0651-0054, 0651-0027 and 0651-0040.
The United States Patent and Trademark Office is not resubmitting
an information collection package to OMB for its review and approval
because the changes in this proposed rule would not affect the
information collection requirements associated with the information
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collections under OMB control numbers 0651-0054, 0651-0027 and 0651-
0040. The changes in this notice are limited to amending the rules of
practice to codify current practice with respect to the proper party to
sign various documents and current procedures for appointment,
revocation or withdrawal of attorneys and domestic representatives.
Interested persons are requested to send comments regarding these
information collections, including suggestions for reduction of this
burden to: (1) The Office of Information and Regulatory Affairs, Office
of Management and Budget, New Executive Office Building, Room 10202,
725 17th Street, NW., Washington, DC 20503, Attention: Desk Officer for
the Patent and Trademark Office; and (2) Commissioner for Trademarks,
P.O. Box 1451, Alexandria, VA 22313-1451 (Attn: Mary Hannon).
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB control number.
List of Subjects in 37 CFR Part 2
Administrative practice and procedure, Trademarks.
For the reasons given in the preamble and under the authority
contained in 15 U.S.C. 1123 and 35 U.S.C. 2, as amended, the Office
proposes to amend part 2 of title 37 as follows:
PART 2 - RULES OF PRACTICE IN TRADEMARK CASES
1. The authority citation for 37 CFR part 2 continues to read as
follows:
Authority: 15 U.S.C. 1123, 35 U.S.C. 2, unless otherwise noted.
2. Revise § 2.17 to read as follows:
§ 2.17 Recognition for representation.
(a) Authority to practice in trademark cases. Only an individual
who meets the requirements of § 10.14 of this chapter may represent
an applicant, registrant, or party to a proceeding before the Office in
a trademark case.
(b)(1) Recognition of practitioner as representative. To be
recognized as a representative in a trademark case, a practitioner
qualified under § 10.14 of this chapter may:
(i) File a power of attorney that meets the requirements of
paragraph (c) of this section;
(ii) Sign a document on behalf of an applicant, registrant, or
party to a proceeding who is not already represented by a practitioner
qualified under § 10.14 of this chapter from a different firm; or
(iii) Appear in person on behalf of an applicant, registrant, or
party to a proceeding who is not already represented by a practitioner
qualified under § 10.14 of this chapter from a different firm.
(2) Signature as certificate of authorization to represent. When a
practitioner qualified under § 10.14 of this chapter appears in
person or signs a document pursuant to paragraph (b) of this section,
his or her personal appearance or signature shall constitute a
representation to the Office that he or she is authorized to represent
the person or entity on whose behalf he or she acts. The Office may
require further proof of authority to act in a representative capacity.
(c) Requirements for power of attorney. A power of attorney must:
(1) Designate by name at least one practitioner meeting the
requirements of § 10.14 of this chapter; and
(2) Be signed by the individual applicant, registrant, or party to
a proceeding pending before the Office, or by someone with legal
authority to bind the applicant, registrant, or party (e.g., a
corporate officer or general partner of a partnership). Once the
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applicant, registrant, or party has designated a practitioner(s) who
meets the requirements of § 10.14 of this chapter, that
practitioner may sign an associate power of attorney appointing another
qualified practitioner(s) as an additional person(s) authorized to
represent the applicant, registrant, or party. If the applicant,
registrant, or party revokes the original power of attorney (§ 2.19(a)),
this revocation also discharges any associate power signed by whose power
has been revoked.
(d) Power of attorney relating to multiple applications or
registrations. (1) The owner of an application or registration may
appoint a practitioner(s) who meets the requirements of § 10.14 of
this chapter for up to twenty applications or registrations that have
the identical owner and attorney through TEAS. The owner may not file a
power of attorney relating to future applications through TEAS.
(2) The owner of an application or registration may file a power of
attorney that relates to more than one trademark application or
registration, or to all existing and future applications of that owner,
on paper. A person relying on such a power of attorney must:
(i) Include a copy of the previously filed power of attorney; or
(ii) Refer to the power of attorney, specifying the filing date of
the previously filed power of attorney; the application serial number
(if known), registration number, or inter partes proceeding number for
which the original power of attorney was filed; and the name of the
person who signed the power of attorney; or, if the application serial
number is not known, submit a copy of the application or a copy of the
mark, and specify the filing date.
(e) Canadian attorneys and agents. (1) A Canadian patent agent who
is registered and in good standing as a patent agent under § 11.6(c)
may represent parties located in Canada before the Office in trademark
matters.
(2) A Canadian attorney or agent who is registered or in good
standing with the Canadian Intellectual Property Office, but not
registered as a patent agent under § 11.6(c), may represent parties
located in Canada if he or she has been authorized to do so by the
Director of Enrollment and Discipline. See 37 CFR 11.14(c) and (f).
(f) Non-lawyers. A non-lawyer may not act as a representative
except in the limited circumstances set forth in § 10.14(b) of this
chapter. Before any non-lawyer who meets the requirements of § 10.14(b)
of this chapter may take action of any kind with respect to an
application, registration or proceeding, a written authorization must
be filed, signed by the applicant, registrant, or party to the
proceeding, or by someone with legal authority to bind the applicant,
registrant, or party (e.g., a corporate officer or general partner of a
partnership).
(g) Duration of power of attorney. (1) For purposes of recognition
as a representative, the Office considers a power of attorney filed
while an application is pending to end when the mark registers, when
ownership changes, or when the application is abandoned.
(2) The Office considers a power of attorney filed after
registration to end when the mark is cancelled or expired, or when
ownership changes. If the power was filed in connection with an
affidavit of use or excusable nonuse under section 8 or 71 of the
Trademark Act, affidavit or declaration of incontestability under
section 15 of the Act, renewal application under section 9 of the Act,
or request for amendment or correction under section 7 of the Act, the
power is deemed to end upon acceptance or final rejection of the filing.
3. Revise § 2.18 to read as follows:
§ 2.18 Correspondence, with whom held.
(a) Establishing the correspondence address. (1) If a written power
of attorney that meets the requirements of § 2.17 is filed, the
Office will send correspondence to the practitioner designated in the
power.
(2) If a practitioner qualified under § 10.14 of this chapter
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transmits a document(s) on behalf of an applicant, registrant, or party
to a proceeding who is not already represented by another qualified
practitioner from a different firm, the Office will send correspondence
to the practitioner transmitting the documents.
(3) If an application, registration or proceeding is not being
prosecuted by a practitioner qualified under § 10.14 of this
chapter and the applicant, registrant, or party to the proceeding
designates a correspondence address in writing, the Office will send
the correspondence to the designated address.
(4) If an application, registration or proceeding is not being
prosecuted by a practitioner qualified under § 10.14 of this
chapter and the applicant, registrant, or party to the proceeding has
not designated a correspondence address in writing, but a domestic
representative has been appointed, the Office will send correspondence
to the domestic representative.
(5) If the application, registration or proceeding is not being
prosecuted by a practitioner qualified under § 10.14 of this
chapter, the applicant, registrant, or party to the proceeding has not
designated a correspondence address, and no domestic representative has
been appointed, the Office will send correspondence directly to the
applicant, registrant or party to the proceeding.
(6) The Office will send correspondence to only one address.
(7) Once the Office has recognized a practitioner qualified under
§ 10.14 of this chapter as the representative of an applicant,
registrant, or party to a proceeding, the Office will communicate and
conduct business only with that practitioner, or with another qualified
practitioner from the same firm. The Office will not conduct business
directly with the applicant, registrant, or party to the proceeding, or
with another practitioner from a different firm, unless the applicant,
registrant, or party to the proceeding files a revocation of the power
of attorney under § 2.19(a), and/or a new power of attorney that
meets the requirements of § 2.17(c). A written request to change
the correspondence address does not revoke a power of attorney.
(b) Changing the correspondence address. (1) If a physical or
e-mail correspondence address changes, the applicant, registrant, or
party to a proceeding must file a written request to change the
correspondence address. The request should be promptly filed.
(2) A request to change the correspondence address must be made in
writing, signed by the applicant, registrant, or party to a proceeding,
someone with legal authority to bind the applicant, registrant, or
party to the proceeding (e.g., a corporate officer or general partner
of a partnership), or a practitioner who meets the requirements of
§ 10.14 of this chapter , in accordance with proposed § 2.193(e)(2).
(3) If an applicant or registrant files a new power of attorney
that meets the requirements of § 2.17(c), the Office will change
the correspondence address to that of the practitioner named in the
power.
(4) If a practitioner qualified under § 10.14 of this chapter
transmits a document(s) on behalf of an applicant, registrant, or party
to a proceeding who is not already represented by another qualified
practitioner, the Office will construe this as including a request to
change the correspondence address to that of the practitioner, and will
send correspondence to the practitioner.
(c) Post registration filings under sections 7, 8, 9, 15, and 71.
(1) Even if there is no new power of attorney or written request to
change the correspondence address, the Office will change the
correspondence address upon the examination of an affidavit of use or
excusable nonuse under section 8 or 71 of the Trademark Act, affidavit
or declaration of incontestability under section 15 of the Act, renewal
application under section 9 of the Act, or request for amendment or
correction under section 7 of the Act. If a practitioner qualified
under § 10.14 of this chapter transmits the affidavit, renewal
application, or section 7 request, the Office will send correspondence
to the practitioner. If the owner of the registration is not
represented by a qualified practitioner, the Office will send
correspondence directly to the owner, or to the domestic
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representative, in accordance with paragraph (a).
(2) Once the Office establishes a correspondence address upon
examination of an affidavit, renewal application or section 7 request,
a written request to change the address in
accordance with the requirements of paragraph (b)(2) of this section is
required to change the address during the pendency of that filing.
4. Revise § 2.19 to read as follows:
§ 2.19 Revocation or withdrawal of attorney.
(a) Revocation. (1) Authority to represent an applicant, registrant
or party to a proceeding before the Office may be revoked at any stage
in the proceedings of a trademark case, upon written notification
signed by the applicant, registrant, or party to the proceeding, or by
someone with legal authority to bind the applicant, registrant, or
party (e.g., a corporate officer or general partner of a partnership).
(2) When a power of attorney is revoked, the Office will
communicate directly with the applicant, registrant, or party to the
proceeding, or with the new attorney or domestic representative if one
has been appointed.
(3) A request to change the correspondence address does not revoke
a power of attorney.
(4) A new power of attorney that meets the requirements of § 2.17(c)
will be treated as a revocation of the previous power.
(b) Withdrawal of attorney. If the requirements of § 10.40 of
this chapter are met, a practitioner authorized to represent an
applicant, registrant, or party to a proceeding in a trademark case may
withdraw upon application to and approval by the Director. The
practitioner should file the request to withdraw soon after the
practitioner notifies the client of his/her intent to withdraw. The
request must include the following:
(1) The application serial number, registration number, or
proceeding number;
(2) A statement of the reason(s) for the request to withdraw; and
(3) Either (i) a statement that the practitioner has given notice
to the client that the practitioner is withdrawing from employment and
will be filing the necessary documents with the Office; that the client
was given notice of the withdrawal at least two months before the
expiration of the response period, if applicable; that the practitioner
has delivered to the client all documents and property in the
practitioner's file concerning the application, registration or
proceeding to which the client is entitled; and that the practitioner
has notified the client of any responses that may be due, and of the
deadline for response; or
(ii) if more than one attorney is of record, a statement that
representation by co-counsel is ongoing.
5. Revise § 2.22(a)(11) to read as follows:
§ 2.22 Filing requirements for a TEAS Plus application.
(a) * * *
(11) A verified statement that meets the requirements of § 2.33,
dated and signed by a person properly authorized to sign on behalf of the
applicant pursuant to § 2.193(e)(1);
* * * * *
6. Revise § 2.23(a)(2) to read as follows:
§ 2.23 Additional requirements for TEAS Plus application.
(a) * * *
(2) Maintain a valid e-mail correspondence address and continue to
receive communications from the Office by e-mail.
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* * * * *
7. Revise § 2.24 to read as follows:
§ 2.24 Designation and revocation of domestic representative by
foreign applicant.
(a)(1) If an applicant is not domiciled in the United States, the
applicant may designate the name and address of some person resident in
the United States on whom may be served notices or process in
proceedings affecting the mark by:
(i) setting forth the name of the domestic representative in the
initial application; or
(ii) filing a separate designation signed by the applicant, someone
with legal authority to bind the applicant (e.g., a corporate officer
or general partner of a partnership), or a practitioner who meets the
requirements of § 10.14 of this chapter.
(2) If the applicant does not file a document designating the name
and address of a person resident in the United States on whom may be
served notices or process in proceedings affecting the mark, or if the
last person designated cannot be found at the address given in the
designation, then notices or process in proceedings affecting the mark
may be served on the Director.
(3) The mere designation of a domestic representative does not
authorize the person designated to represent the applicant unless
qualified under § 10.14 of this chapter.
(b) A request to change or revoke a designation of domestic
representative must be signed by the applicant, someone with legal
authority to bind the applicant (e.g., a corporate officer or general
partner of a partnership), or a practitioner who meets the requirements
of § 10.14 of this chapter.
8. Amend § 2.33 by revising paragraph (a) to read as follows,
and removing paragraph (d):
§ 2.33 Verified statement.
(a) The application must include a statement that is signed in
accordance with the requirements of § 2.193 and verified (sworn to)
or supported by a declaration under § 2.20 by a person properly
authorized to sign on behalf of the applicant under § 2.193(e)(1).
* * * * *
9. Revise § 2.62 to read as follows:
§ 2.62 Procedure for filing response.
(a) Deadline. The applicant's response to an Office action must be
received within six months from the date of issuance.
(b) Signature. The applicant, someone with legal authority to bind
the applicant (e.g., a corporate officer or general partner of a
partnership), or a practitioner who meets the requirements of § 10.14
of this chapter must sign the response, in accordance with the requirements
of § 2.193(e)(2).
10. Revise § 2.64(b) to read as follows:
§ 2.64 Final action.
* * * * *
(b) During the period between a final action and expiration of the
time for filing an appeal, the applicant may request the examiner to
reconsider the final action. The applicant, someone with legal
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authority to bind the applicant (e.g., a corporate officer or general
partner of a partnership), or a practitioner who meets the requirements
of § 10.14 of this chapter must sign the request, in accordance
with the requirements of § 2.193(e)(2). The filing of a request for
reconsideration will not extend the time for filing an appeal or
petitioning the Director, but normally the examiner will reply to a
request for reconsideration before the end of the six-month period if
the request is filed within three months after the date of the final
action. The Office will enter amendments accompanying requests for
reconsideration after final action if the amendments comply with the
rules of practice in trademark cases and the Act of 1946.
11. Revise § 2.68 to read as follows:
§ 2.68 Express abandonment (withdrawal) of application.
(a) Written document required. An applicant may expressly abandon
an application by filing a written request for abandonment or
withdrawal of the application, signed by the applicant, someone with
legal authority to bind theapplicant (e.g., a corporate officer
or general partner of a partnership), or a practitioner who meets the
requirements of § 10.14 of this chapter, in accordance with the
requirements of § 2.193(e)(2).
(b) Rights in the mark not affected. Except as provided in § 2.135,
the fact that an application has been expressly abandoned shall
not, in any proceeding in the Office, affect any rights that the
applicant may have in the mark in the abandoned application.
12. Amend § 2.74 by revising the heading and adding a new
paragraph (c) to read as follows:
§ 2.74 Form and signature of amendment.
* * * * *
(c) The applicant, someone with legal authority to bind the
applicant (e.g., a corporate officer or general partner of a
partnership), or a practitioner who meets the requirements of § 10.14
of this chapter must sign the request for amendment, in
accordance with the requirements of § 2.193(e)(2). If the amendment
requires verification, the verification must be sworn to or supported
by a declaration under § 2.20 by a person properly authorized to
sign on behalf of the applicant under § 2.193(e)(1).
13. Revise § 2.76(b)(1) introductory text to read as follows:
§ 2.76 Amendment to allege use.
* * * * *
(b) A complete amendment to allege use must include:
(1) A statement that is signed and verified (sworn to) or supported
by a declaration under § 2.20 by a person properly authorized to
sign on behalf of the applicant (see § 2.193(e)(1)) that:
* * * * *
14. Revise § 2.87(d) to read as follows:
§ 2.87 Dividing an application.
* * * * *
(d) The applicant, someone with legal authority to bind the
applicant (e.g., a corporate officer or general partner of a
partnership), or a practitioner who meets the requirements of § 10.14
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of this chapter must sign the request to divide, in accordance
with the requirements of § 2.193(e)(2). The request should be made
in a separate document from any other amendment or response in the
application, and captioned as a "Request to divide application."
15. Revise § 2.88(b)(1) introductory text to read as follows:
§ 2.88 Filing statement of use after notice of allowance.
* * * * *
(b) A complete statement of use must include:
(1) A statement that is signed and verified (sworn to) or supported
by a declaration under § 2.20 by a person properly authorized to
sign on behalf of the applicant (see § 2.193(e)(1)) that:
* * * * *
16. Revise § § 2.89(a)(3) and (b)(3) to read as follows:
§ 2.89 Extensions of time for filing a statement of use.
(a) * * *
(3) A statement that the applicant still has a bona fide intention
to use the mark in commerce, specifying the relevant goods or services,
signed and verified (sworn to) or supported by a declaration under
§ 2.20 by a person properly authorized to sign on behalf of the
applicant (see § 2.193(e)(1)). If the verification is unsigned or
signed by the wrong party, the applicant must submit a substitute
verification within six months of the date of issuance of the notice of
allowance.
(b) * * *
(3) A statement that the applicant still has a bona fide intention
to use the mark in commerce, specifying the relevant goods or services,
signed and verified (sworn to) or supported by a declaration under
§ 2.20 by a person properly authorized to sign on behalf of the
applicant (see § 2.193(e)(1)). If the verification is unsigned or
signed by the wrong party, the applicant must submit a substitute
verification before the expiration of the previously granted extension;
and
* * * * *
17. Revise § 2.146(c) to read as follows:
§ 2.146 Petitions to the Director.
* * * * *
(c) Every petition to the Director shall include a statement of the
facts relevant to the petition, the points to be reviewed, the action
or relief requested, and the fee required by § 2.6. Any brief in
support of the petition shall be embodied in or accompany the petition.
The petitioner, someone with legal authority to bind the petitioner
(e.g., a corporate officer or general partner of a partnership), or a
practitioner who meets the requirements of § 10.14 of this chapter
must sign the petition, in accordance with the requirements of
§ 2.193(e)(2). When facts are to be proved on petition, the petitioner
must submit proof in the form of affidavits or declarations in
accordance with § 2.20, signed by someone with firsthand knowledge
of the facts to be proved, and any exhibits.
* * * * *
18. Revise § 2.161(b) to read as follows:
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§ 2.161 Requirements for a complete affidavit or declaration of
continued use or excusable nonuse.
* * * * *
(b) Include a statement that is signed and verified (sworn to) or
supported by a declaration under § 2.20 by a person properly
authorized to sign on behalf of the owner under § 2.193(e)(1),
attesting to the use or excusable nonuse of the mark within the period
set forth in section 8 of the Act. The verified statement must be
executed on or after the beginning of the filing period specified in
§ 2.160(a).
* * * * *
19. Revise § 2.163(b) to read as follows:
§ 2.163 Acknowledgment of receipt of affidavit or declaration, and
response to Office action.
* * * * *
(b) The owner must file a response to a refusal within six months
of the mailing date of the Office action, or before the end of the
filing period set forth in section 8(a) or section 8(b) of the Act,
whichever is later. The owner, someone with legal authority to bind the
owner (e.g., a corporate officer or general partner of a partnership),
or a practitioner who meets the requirements of § 10.14 of this
chapter must sign the response, in accordance with the requirements of
§ 2.193(e)(2). If no response is filed within this time period, the
registration will be cancelled.
20. Amend § 2.167 by revising the introductory text and
paragraph (a) to read as follows:
§ 2.167 Affidavit or declaration under Section 15.
The owner of a mark registered on the Principal Register or a mark
registered under the Act of 1881 or 1905 and published under section
12(c) of the Act (§ 2.153) may file an affidavit or declaration of
incontestability under section 15 of the Act. The affidavit or
declaration must:
(a) Be verified (sworn to) or supported by a declaration under
§ 2.20, signed by the owner of the registration or a person
properly authorized to sign on behalf of the owner under § 2.193(e)(1);
* * * * *
21. Revise § 2.171 to read as follows:
§ 2.171 New certificate on change of ownership.
(a) If the ownership of a registered mark changes, the new owner
may request that a new certificate of registration be issued in the
name of the new owner for the unexpired part of the original period.
The assignment or other
document changing title must be recorded in the Office, and the request
for the new certificate must include the fee required by §
2.6(a)(8). The owner of the registration, someone with legal authority
to bind the owner (e.g., a corporate officer or general partner of a
partnership), or a practitioner who meets the requirements of § 10.14
of this chapter must sign the request.
(b) When ownership of a registration has changed with respect to
some, but not all, of the goods and/or services, the owner(s) may file
a request that the registration be divided into two or more separate
registrations. The fee required by § 2.6(a)(8) must be paid for
each new registration created by the division, and the change of
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ownership must be recorded in the Office. The owner, someone with legal
authority to bind the owner (e.g., a corporate officer or general
partner of a partnership), or a practitioner who meets the requirements
of § 10.14 of this chapter must sign the request.
22. Revise § 2.172 to read as follows:
§ 2.172 Surrender for cancellation.
Upon application by the owner, the Director may permit any
registration to be surrendered for cancellation. The owner of the
registration, someone with legal authority to bind the owner (e.g., a
corporate officer or general partner of a partnership), or a
practitioner who meets the requirements of § 10.14 of this chapter
must sign the application for surrender. When a registration has more
than one class, one or more entire class(es) but fewer than the total
number of classes may be surrendered. Deletion of fewer than all the
goods or services in a single class constitutes amendment of
registration as to that class (see § 2.173), not surrender.
23. Revise § 2.173(a) to read as follows:
§ 2.173 Amendment of registration.
(a) The owner of a registration may apply to amend a registration
or to disclaim part of the mark in the registration. The owner must
submit a written request specifying the amendment or disclaimer. If the
registration is involved in an inter partes proceeding before the
Trademark Trial and Appeal Board, the request must be filed by
appropriate motion to the Board. The request must include the required
fee, and be signed by the owner of the registration, someone with legal
authority to bind the owner (e.g., a corporate officer or general
partner of a partnership), or a practitioner who meets the requirements
of § 10.14 of this chapter, and verified or supported by a
declaration under § 2.20. If the amendment involves a change in the
mark, the owner must submit a new specimen showing the mark as used on
or in connection with the goods or services, and a new drawing of the
amended mark. The registration as amended must still contain
registrable matter, and the mark as amended must be registrable as a
whole. An amendment or disclaimer must not materially alter the
character of the mark.
* * * * *
24. Revise § 2.175(b)(2) to read as follows:
§ 2.175 Correction of mistake by owner of registration.
* * * * *
(b) * * *
(2) Be signed by the owner of the registration, someone with legal
authority to bind the owner (e.g., a corporate officer or general
partner of a partnership), or a practitioner who meets the requirements
of § 10.14 of this chapter, and verified (sworn to) or supported by
a declaration in accordance with § 2.20; and
* * * * *
25. Revise § 2.184(b) to read as follows:
§ 2.184 Refusal of renewal.
* * * * *
(b) A response to the refusal of renewal must be filed within six
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months of the mailing date of the Office action, or before the
expiration date of the registration, whichever is later, or the
registration will expire. The registrant, someone with legal authority
to bind the registrant (e.g., a corporate officer or general partner of
a partnership), or a practitioner who meets the requirements of § 10.14
of this chapter must sign the response, in accordance with the
requirements of § 2.193(e)(2).
* * * * *
26. Revise § 2.193 to read as follows:
§ 2.193 Trademark correspondence and signature requirements.
(a) Signature required. Each piece of correspondence that requires
a signature must bear:
(1) A handwritten signature personally signed in permanent ink by
the person named as the signatory, or a true copy thereof; or
(2) An electronic signature that meets the requirements of
paragraph (c) of this section, personally entered by the person named
as the signatory. The Office will accept an electronic signature that
meets the requirements of paragraph (c) of this section on
correspondence filed on paper, by facsimile transmission (§ 2.195(c)),
or through TEAS or ESTTA.
(b) Copy of original signature. If a copy, such as a photocopy or
facsimile copy of an original signature is filed, the filer should
retain the original as evidence of authenticity. If a question of
authenticity arises, the Office may require submission of the original.
(c) Requirements for electronic signature. A person signing a
document electronically must:
(1) Personally enter any combination of letters, numbers, spaces
and/or punctuation marks that he or she has adopted as a signature,
placed between two forward slash ("/") symbols in the signature block
on the electronic submission; or
(2) Sign the verified statement using some other form of electronic
signature specified by the Director.
(d) Signatory must be identified. The name of the person who signs
a document in connection with a trademark application or registration
must be set forth in printed or typed form immediately below or
adjacent to the signature, or identified elsewhere in the filing (e.g.,
in a cover letter or other document that accompanies the filing).
(e) Proper person to sign. Documents filed in connection with a
trademark application or registration must be signed by a proper
person. Unless otherwise specified by law, the following requirements
apply:
(1) Verification of facts. A verification in support of an
application for registration, amendment to an application for
registration, allegation of use under § 2.76 or § 2.78, request
for extension of time to file a statement of use under § 2.89, or
an affidavit under section 8, 15 or 71 of the Trademark Act must be
sworn to or supported by a declaration under § 2.20, signed by the
applicant or registrant, or a person properly authorized to sign on
behalf of the applicant or registrant. A person who is properly
authorized to verify facts on behalf of an applicant or registrant is:
(i) A person with legal authority to bind the applicant or
registrant (e.g., a corporate officer or general partner of a
partnership);
(ii) A person with firsthand knowledge of the facts and actual or
implied authority to act on behalf of the applicant or registrant; or
(iii) An attorney as defined in § 10.1(c) of this chapter who
has an actual written or verbal power of attorney or an implied power
of attorney from the applicant or registrant.
(2) Responses, amendments to applications, requests for express
abandonment, requests for reconsideration of final actions, notices of
change of address, requests to divide, and petitions under § 2.146. The
applicant or registrant, someone with legal authority to bind the applicant
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or registrant (e.g., a corporate officer or general partner of a
partnership), or a practitioner who meets the requirements of § 10.14
of this chapter must sign responses to Office actions, amendments
to applications, requests for express abandonment, requests for
reconsideration of final actions, notices of change of address,
requests to divide, and petitions under § 2.146, in accordance with
the following guidelines:
(i) If the applicant or registrant is represented by a practitioner
authorized to practice before the Office under § 10.14 of this
chapter, the practitioner must sign, except where correspondence is
required to be signed by the applicant or registrant; or
(ii) If the applicant or registrant is not represented by a
practitioner authorized to practice before the Office under § 10.14
of this chapter, the individual applicant or registrant, or someone
with legal authority to bind the applicant or registrant (e.g., a
corporate officer or general partner of a partnership) must sign. In
the case of joint applicants or joint registrants who are not
represented by a practitioner authorized to practice before the Office
under § 10.14 of this chapter, all must sign.
(3) Powers of attorney and revocations of powers of attorney. The
individual applicant or registrant or someone with legal authority to
bind the applicant or registrant (e.g., a corporate officer or general
partner of a partnership) must sign powers of attorney and revocations
of powers of attorney. In the case of joint applicants or joint
registrants, all must sign. Once the applicant or registrant has
designated a qualified practitioner(s), the named practitioner may sign
an associate power of attorney appointing another qualified
practitioner(s) as an additional person(s) authorized to prosecute the
application or registration. If the applicant or registrant revokes the
original power of attorney, this revocation also discharges any
associate power signed by the practitioner whose power has been
revoked.
(4) Petition to revive under § 2.66. Someone with firsthand
knowledge of the facts regarding unintentional delay must sign a
petition to revive under § 2.66.
(5) Renewal applications. The registrant or the registrant's
representative must sign a renewal application.
(6) Requests for correction, amendment or surrender of
registrations. The owner of the registration, someone with legal
authority to bind the owner (e.g., a corporate officer or general
partner of a partnership), or a practitioner authorized to practice
before the Office under § 10.14 of this chapter must sign a request
for correction, amendment or surrender of a registration. In the case
of joint owners who are not represented by a practitioner authorized to
practice before the Office under § 10.14 of this chapter, all must
sign.
(7) Designations and revocations of domestic representative. A
designation or revocation of a domestic representative must be signed
by the applicant or registrant, someone with legal authority to bind
the applicant or registrant (e.g., a corporate officer or general
partner of a partnership), or a practitioner who meets the requirements
of § 10.14 of this chapter.
(8) Cover letters. The person transmitting documents to the Office
may sign a cover letter or transmittal letter. The Office neither
requires cover letters nor questions the authority of a person who
signs a communication that merely transmits documents.
(f) Signature as certification. The presentation to the Office
(whether by signing, filing, submitting, or later advocating) of any
document by any person, whether a practitioner or non-practitioner,
constitutes a certification under § 10.18(b) of this chapter.
Violations of § 10.18(b) of this chapter may jeopardize the
validity of the application or registration, and may result in the
imposition of sanctions under § 10.18(c) of this chapter. Any
practitioner violating § 10.18(b) of this chapter may also be
subject to disciplinary action. See § § 10.18(d) and 10.23(c)(15)
of this chapter.
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 243 |
(g) Separate copies for separate files. (1) Since each file must be
complete in itself, a separate copy of every document to be filed in
connection with a trademark application, registration, or inter partes
proceeding must be furnished for each file to which the document
pertains, even though the contents of the documents filed in multiple
files may be identical.
(2) Parties should not file duplicate copies of correspondence in a
single application, registration, or proceeding file, unless the Office
requires the filing of duplicate copies. The Office may dispose of
duplicate copies of correspondence.
(h) Separate documents for separate branches of the Office. Since
different branches or sections of the Office may consider different
matters, each distinct subject, inquiry or order must be contained in a
separate document to avoid confusion and delay in answering
correspondence.
(i) Certified documents required by statute. When a statute
requires that a document be certified, a copy or facsimile transmission
of the certification is not acceptable.
June 4, 2008 JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
| Patents Available for License or Sale |
Patents Available for License or Sale
6,565,122 RETRACTABLE MUD FLAP ASSEMBLY
Attorney: David A. Lingbeck
Contact: Reginald G. Hansen
6924 N. Williams Rd
Janesville, WI 53545
(Voice) (608) 754-4670
(Email) RGHAN@CHARTER.NET
D.565,114 SET OF ALPHABETIC LABELS
Contact: William Smith
14013 Briarwood Drive
Laurel, Maryland 20708
(443) 756-8460
7,369,054 RE-CHECK ALERT SYSTEM
Contact: Katrina L. Ransom
6387 Camp Bowie
Suite B
P.O. Box 154
Fort Worth TX. 76116-5442
6,174,248 HOCKEY STICK TRAINING DEVICE
Attorney: Sim & McBurney-Toronto
Contact: Steve Davidson
Box 19
Bala, Ontario, P0C1A0
(Voice) (705) 644-2444
(705) 762-5312
(Fax) (705) 687-
(Email) SDavidson@Pridemarinegroup.com
7,365,769 ACTIVATING A VEHICLE'S OWN BRAKE LIGHTS AND/OR
BRAKES WHEN BRAKE LIGHTS ARE SENSED IN FRONT OF THE
VEHICLE, INCLUDING RESPONSIVELY TO THE PROXIMITY OF,
AND/OR RATE OF CLOSURE WITH, A FORWARD VEHICLE
Contact: Don Mager
2111 Delaware Ave.
St. Paul, MN 55118
(Voice) (651) 454-0640
(Email) donvm@earthlink.net
6,766,931 GROCERY-STORE SHOPPING CART FACILITATING
DIVERSE-CONDITION CARTAGE
Contact: Margrit Wolf or Brenda O'Toole
1325 Old Hwy 51, #32
Arbor Vitae, WI 54568
(Voice) (414) 378-6002
(262) 749-9134
(Email) margritw@excite.com
(Email) botoole@genevaonline.com
Errata
"All reference to Patent No. D564,934 to Elliot Tannenbaum of Ramatgan,
Israel for DIAMOND appearing in the Official Gazette of March 25, 2008
should be deleted since no patent was granted."
"All reference to Patent No. D564,943 to Takanori, et al of Aichi-Ken,
Japan for AUTOMOBILE AND/OR TOY REPLICA THEREOF appearing in the
Official Gazette of March 25, 2008 should be deleted since no patent was
granted."
"All reference to Patent No. 7,347,208 to Ivan Rafoss of Sandness,
Norway for INTAKE VALVE appearing in the Official Gazette of March 25, 2008
should be deleted since no patent was granted."
"All reference to Patent No. 7,347,230 to Thomas William Bailey, et al
of Conventry, United Kingdom for METHOD AND APPARATUS FOR LOADING A
CONTAINER WITH A PRODUCT appearing in the Official Gazette of March 25,
2008 should be deleted since no patent was granted."
"All reference to Patent No. 7,348,013 to Toshifumi Mikayama, et al of
Shibuya-Ku, Japan for HUMAN MONOCLONAL ANTIBODIES TO INFLUENZA M2 PROTEIN
AND METHODS OF MAKING AND USING SAME appearing in the Official Gazette of
March 25, 2008 should be deleted since no patent was granted."
"All reference to Patent No. 7,348,050 to John Joseph Curro, et al of
Cincinnati, OH for TUFTED LAMINATE WEB appearing in the Official Gazette
of March 25, 2008 should be deleted since no patent was granted."
"All reference to Patent No. 7,348,174 to Marie-Louise Johansson, et al
of Lund, Sweden for USE OF STRAIN OF LACTOBACILLUS REDUCING THE RISK
FACTORS/INVOLVED IN THE METABOLIC SYNDROME appearing in the Official Gazette
of March 25, 2008 should be deleted since no patent was granted."
"All reference to Patent No. 7,348,223 to Jin-Wook Seo, et al of
Suwon-si, Korea, Republic of, for THIN FILM TRANSISTOR AND METHOD OF
FABRICATING THE SAME appearing in the Official Gazette of March 25, 2008
should be deleted since no patent was granted."
"All reference to Patent No. 7,348,727 to Choi, et al of Suwon-si, Korea,
Republic of, for PLASMA DISPLAY PANEL AND METHOD OF MANUFACTURING THE SAME
appearing in the Official Gazette of March 25, 2008 should be deleted since
no patent was granted."
"All reference to Patent No. 7,348,891 to Michael L. Domeier of
Fallbrook, CA for TRACKING THE GEOGRAPHIC LOCATION OF AN ANIMAL appearing in
the Official Gazette of March 25, 2008 should be deleted since no patent
was granted."
"All rerefence to Patent No. 7,349,239 to Hye-Jin Kim, et al of Seoul,
Korea, Republic of, for PHASE-CHANGEABLE MEMORY DEVICE AND METHOD OF
PROGRAMMING THE SAME appearing in the Official Gazette of March 25, 2008
should be deleted since no patent was granted."
"All reference to Patent No. 7,349,322 to Jin Yong Kim, et al of
Kyunggi-Do, Korea, Republic of, for RECORDING MEDIUM WITH A LINKING AREA
INCLUDING ERROR CORRECTION CODE DATA THEREON AND APPARATUS AND METHODS FOR
FORMING, RECORDING, AND REPRODUCING THE RECORDING MEDIUM appearing in the
Official Gazette of March 25, 2008 should be deleted since no patent was
granted."
"All reference to Patent No. 7,349,989 to Sanjay M. Parekh, et al of
Duluth, GA for SYSTEMS AND METHODS FOR DETERMINING, COLLECTING, AND USING
GEOGRAPHIC LOCATIONS OF INTERNET USERS appearing in the Official Gazette
of March 25, 2008 should be deleted since no patent was granted."
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 246 |
"All reference to Patent No. 7,350,080 to Harold Allan Brischke, et al
of San Antonio, TX for SYSTEM AND METHOD OF EXCHANGING INFORMATION VIA
ELECTRONIC MAIL appearing in the Official Gazette of March 25, 2008 should
be deleted since no patent was granted."
"All reference to Patent No. 7,350,153 to Hiroyuki Tominaga of Kanagawa,
Japan for APPARATUS AND METHOD FOR PROCESSING MAP DATA AND STORAGE MEDIUM
HAVING INFORMATION FOR CONTROLLING THE PROCESSING OF MAP DATA appearing in
the Official Gazette of March 25, 2008 should be deleted since no patent
was granted."
| Certificates of Correction |
Certificates of Correction
for June 17, 2008
5,921,584C1 7,197,346 7,287,393 7,329,489
6,177,974 7,197,712 7,287,418 7,329,618
6,221,882 7,198,940 7,287,419 7,329,642
6,303,595 7,198,966 7,287,420 7,330,271
6,331,536 7,199,093 7,287,734 7,330,561
6,348,465 7,199,534 7,288,867 7,330,574
6,380,395 7,200,056 7,289,147 7,330,784
6,444,514 7,200,123 7,289,151 7,330,819
6,542,935 7,200,301 7,289,194 7,330,939
6,586,458 7,200,310 7,289,591 7,330,952
6,602,730 7,200,552 7,290,763 7,331,186
6,603,838 7,203,620 7,291,022 7,331,476
6,610,693 7,204,254 7,291,137 7,331,477
6,667,255 7,204,910 7,291,259 7,332,021
6,698,769 7,205,807 7,291,295 7,332,031
6,717,712 7,206,212 7,292,149 7,332,094
6,728,204 7,206,399 7,292,426 7,332,350
6,730,727 7,208,518 7,292,703 7,332,401
6,735,587 7,208,671 7,294,293 7,332,526
6,762,215 7,209,771 7,294,482 7,332,581
6,779,627 7,211,200 7,294,788 7,332,621
6,787,586 7,212,410 7,294,906 7,332,703
6,791,883 7,212,823 7,295,080 7,332,846
6,803,323 7,214,690 7,295,317 7,333,113
6,814,625 7,217,286 7,296,084 7,333,206
6,821,663 7,218,956 7,296,144 7,333,257
6,845,234 7,219,773 7,296,924 7,333,326
6,845,419 7,220,141 7,297,304 7,333,589
6,846,709 7,221,894 7,297,358 7,334,112
6,848,018 7,223,724 7,297,448 7,334,365
6,852,875 7,225,129 7,297,522 7,334,406
6,859,552 7,225,447 7,297,688 7,334,438
6,859,875 7,225,862 7,297,724 7,334,594
6,860,580 7,226,335 7,298,029 7,334,657
6,864,135 7,227,027 7,298,073 7,334,807
6,865,667 7,227,880 7,298,529 7,334,821
6,873,745 7,229,944 7,298,533 7,334,830
6,878,747 7,230,048 7,298,612 7,334,923
6,882,804 7,231,646 7,298,680 7,335,155
6,885,107 7,232,015 7,299,105 7,335,342
6,890,936 7,232,688 7,299,246 7,335,343
6,898,543 7,233,727 7,299,784 7,335,363
6,900,308 7,235,081 7,300,082 7,335,373
6,903,924 7,235,510 7,300,694 7,335,379
6,907,294 7,235,735 7,301,680 7,335,437
6,910,025 7,236,169 7,301,804 7,335,568
6,914,266 7,238,601 7,302,135 7,335,701
6,922,341 7,238,686 7,302,143 7,335,721
6,937,047 7,238,702 7,302,157 7,335,742
6,939,874 7,238,852 7,302,547 7,335,767
6,954,826 7,239,889 7,303,018 7,336,273
6,955,062 7,240,221 7,303,367 7,336,449
6,959,152 7,240,830 7,303,386 7,336,552
6,971,510 7,241,074 7,303,840 7,336,578
6,982,267 7,241,181 7,304,076 7,336,642
6,988,423 7,241,680 7,304,554 7,336,674
6,991,936 7,242,056 7,304,666 7,336,812
7,002,371 7,242,285 7,304,681 7,336,830
7,009,616 7,242,887 7,304,757 7,337,029
7,009,842 7,243,084 7,304,873 7,337,102
7,012,199 7,244,945 7,304,978 7,337,343
7,017,217 7,245,210 7,305,196 7,337,404
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 248 |
7,018,007 7,245,993 7,305,244 7,337,490
7,018,288 7,247,083 7,305,469 7,337,522
7,019,445 7,247,330 7,306,606 7,337,805
7,020,591 7,247,449 7,306,714 7,337,822
7,020,870 7,247,552 7,306,758 7,338,240
7,022,719 7,248,389 7,306,934 7,338,405
7,023,962 7,248,391 7,307,046 7,338,433
7,024,189 7,248,782 7,307,060 7,338,757
7,027,869 7,248,883 7,308,375 7,338,862
7,028,329 7,249,195 7,308,398 7,339,205
7,038,138 7,249,288 7,308,525 7,339,228
7,045,351 7,251,078 7,309,184 7,339,253
7,049,051 7,251,101 7,309,519 7,339,408
7,050,051 7,251,327 7,309,668 7,339,830
7,052,939 7,251,355 7,309,705 7,339,839
7,054,843 7,252,893 7,309,707 7,339,947
7,055,031 7,253,155 7,309,768 7,339,959
7,055,101 7,253,877 7,309,778 7,340,153
7,056,766 7,254,285 7,309,784 7,340,434
7,057,772 7,254,383 7,310,011 7,340,658
7,059,726 7,254,708 7,310,336 7,341,401
7,059,965 7,254,880 7,310,697 7,341,664
7,060,334 7,255,451 7,310,970 7,341,796
7,060,339 7,255,774 7,311,780 7,341,881
7,064,107 7,256,616 7,311,895 7,341,909
7,069,245 7,257,015 7,312,097 7,341,918
7,069,631 7,257,053 7,312,125 7,341,931
7,070,556 7,257,506 7,312,231 7,341,957
7,071,507 7,257,746 7,312,827 7,342,089
7,073,565 7,258,720 7,312,837 7,342,105
7,076,019 7,258,780 7,313,059 7,342,169
7,081,725 7,258,930 7,313,111 7,342,210
7,083,164 7,259,695 7,313,303 7,342,289
7,084,905 7,260,472 7,313,963 7,342,409
7,088,381 7,261,186 7,313,996 7,342,468
7,089,734 7,261,900 7,314,188 7,342,768
7,093,223 7,262,105 7,314,305 7,342,872
7,093,709 7,262,297 7,314,682 7,342,919
7,095,361 7,262,299 7,314,770 7,343,016
7,097,272 7,263,171 7,314,876 7,343,031
7,099,868 7,263,305 7,314,967 7,343,033
7,102,585 7,263,873 7,315,097 7,343,341
7,103,743 7,264,132 7,315,418 7,343,641
7,104,078 7,264,235 7,315,997 7,343,643
7,105,532 7,264,350 7,316,343 7,343,730
7,106,173 7,264,451 7,316,488 7,344,022
7,106,353 7,265,528 7,316,641 7,344,056
7,110,158 7,266,106 7,316,753 7,344,268
7,112,918 7,266,314 7,316,843 7,344,363
7,117,732 7,267,174 7,316,874 7,344,519
7,120,191 7,267,545 7,316,933 7,344,543
7,120,602 7,268,430 7,316,976 7,344,670
7,121,106 7,269,090 7,317,008 7,344,724
7,124,350 7,269,198 7,317,090 7,344,854
7,124,932 7,269,273 7,317,253 7,344,881
7,128,173 7,270,362 7,317,620 7,344,937
7,130,083 7,270,877 7,318,144 7,344,946
7,130,297 7,270,978 7,318,302 7,344,969
7,130,583 7,271,114 7,318,713 7,345,108
7,132,083 7,271,263 7,318,862 7,345,358
7,132,982 7,271,299 7,318,903 7,345,416
7,136,127 7,271,830 7,318,914 7,345,543
7,138,450 7,272,184 7,319,005 7,345,933
7,138,842 7,272,212 7,319,127 7,346,013
7,139,364 7,272,239 7,319,433 7,346,218
7,140,784 7,273,408 7,319,900 7,346,257
| July 8, 2008 |
US PATENT AND TRADEMARK OFFICE |
1332 OG 249 |
7,142,274 7,273,647 7,319,978 7,346,388
7,143,054 7,273,709 7,320,023 7,346,520
7,143,220 7,274,166 7,320,086 7,347,213
7,144,167 7,275,298 7,320,130 7,347,259
7,144,908 7,275,797 7,320,732 7,347,544
7,145,408 7,276,586 7,320,736 7,347,668
7,145,917 7,276,952 7,320,774 7,347,767
7,147,687 7,277,172 7,320,809 7,347,827
7,147,938 7,277,292 7,320,955 7,347,993
7,149,199 7,277,412 7,320,979 7,348,005
7,149,770 7,277,484 7,321,007 7,348,209
7,150,829 7,277,631 7,321,259 7,348,869
7,151,596 7,277,994 7,321,291 7,348,968
7,151,865 7,278,734 7,322,229 7,349,270
7,154,138 7,278,816 7,322,931 7,349,311
7,157,319 7,278,856 7,323,358 7,350,133
7,158,578 7,279,233 7,323,493 7,350,182
7,160,680 7,279,274 7,323,683 7,350,242
7,161,397 7,279,701 7,324,195 7,350,921
7,161,440 7,279,724 7,324,362 7,351,295
7,162,235 7,280,137 7,324,674 7,351,518
7,164,369 7,280,141 7,324,776 7,352,302
7,167,491 7,280,611 7,324,814 7,353,320
7,169,419 7,280,633 7,324,931 7,353,333
7,170,073 7,280,677 7,324,998 7,354,839
7,172,247 7,280,774 7,325,150 7,355,914
7,172,249 7,281,023 7,325,189 D.495,242
7,172,286 7,281,057 7,325,228 D.526,617
7,173,104 7,281,209 7,325,309 D.536,548
7,173,407 7,282,187 7,325,654 D.540,908
7,176,290 7,282,307 7,325,667 D.548,346
7,178,042 7,282,316 7,326,263 D.552,891
7,178,089 7,282,738 7,326,488 D.553,846
7,178,243 7,282,775 7,326,663 D.556,414
7,178,331 7,283,131 7,326,675 D.557,995
7,179,489 7,283,145 7,327,152 D.562,753
7,180,570 7,283,264 7,327,620 D.563,505
7,189,014 7,283,591 7,327,660 D.564,078
7,190,964 7,283,793 7,327,736 D.565,618
7,192,629 7,283,802 7,327,836 PP.18,238
7,193,437 7,284,206 7,327,907 PP.18,292
7,193,606 7,285,403 7,328,132 PP.18,325
7,194,100 7,285,418 7,328,181 PP.18,326
7,194,695 7,285,428 7,328,574 PP.18,579
7,195,381 7,285,543 7,328,634 RE.39,593
7,196,181 7,285,614 7,328,800 RE.40,032
7,196,859 7,286,324 7,329,237
7,197,122 7,286,854 7,329,328
7,197,309 7,287,059 7,329,447
| Summary of Final Decisions Issued by the Trademark Trial and Appeal Board |
SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
June 2-6, 2008
Date Issued
|
Type of Case(1) |
Proceeding or Appn. No. |
Party or Parties |
Issue |
TTAB Decision |
Opposer's or Petitioner's Mark and Goods or Services |
Applicant's or Respondent's Mark and Goods or Services |
Mark and Goods Cited by Examining Attorney |
Citable as Precedent of TTAB |
| 6-2 |
OPP |
91173441 |
Playboy Enterprises International, Inc. v. Adam Bennett |
2(d) |
Opposition Sustained |
various stylized rabbit’s head designs, with our without literal elements [providing a website featuring photographs, videos, film clips, and other multimedia materials and/or other related services]; "PLAYBOY BUNNY" [casino and nightclub services] |
"PLAYERSANDBUNNIES" (and design) [providing a website featuring musical performances, musical videos, related film clips, photographs, and other multimedia materials] |
|
No |
| 6-2 |
OPP |
91169308 |
Glenn A. Bjorkman v. American Needle |
2(d) [whether opposer proved its standing to file the opposition] |
Opposition Dismissed |
"DAVIS" (in stylized lettering) [strung game rackets and frames therefor]; "TAD" [strung rackets and frames therefor, racket covers, racket butt caps] |
"TAD DAVIS" [men’s, women’s and children’s clothing, namely, headwear including hats and caps, pants, shirts, skirts, coats, jackets, shoes, and accessories, namely, belts] |
|
No |
| 6-2 |
OPP |
91154687 |
7-Eleven, Inc. v. Mark D. Morrison |
2(d) |
Opposition Sustained |
"SLURPEE" [fruit flavored, semi-frozen soft drinks; clothing and t-shirts]; and other marks comprising or incorporating the term "SLURPEE" or "SLURP" for related goods |
"SLURP-EZE" [cat bowls, dog bowls, and ferret bowls] |
|
No |
| 6-3 |
EX |
76111588 |
Stephen Astor |
whether applicant’s specimen shows use of its mark in connection with its recited goods; whether the matter applicant seeks to register functions as a trademark |
Refusal Affirmed |
|
"EMAIL A FRIEND" [housemark for a full line of downloadable electronic publications in the nature of books, magazines, newspapers and screenplays and for a full line of downloadable video recordings, all featuring fiction and nonfiction literature, art, history, education, health, mathematics, economics and other topics of general interest; downloadable musical sound recordings] |
|
No |
| 6-4 |
EX |
78908764 |
BioArray Solutions Ltd. |
genericness [whether applicant’s mark is registrable on the Supplemental Register] |
Refusal Affirmed in both classes |
|
"BEADCHIP" [in Class 1: single or multiple randomly assembled microbead arrays for use in medical research and scientific applications; kits for arrays and assemblies comprising nucleotide probes or proteins attached to microbeads for use in medical research and scientific applications; in Class 5: single or multiple randomly assembled microbead arrays for use in diagnostic applications; kits for arrays and assemblies comprising nucleotide probes attached to microbeads for use in diagnostic applications] |
|
No |
| 6-4 |
EX |
77084059 |
Full Service Deli Distributors, Inc. |
2(d) |
Refusal Affirmed in all 3 classes |
|
"SMOKEYS HOUSE OF BARBEQUE" [in Class 25: t-shirts, shorts and aprons; in Class 30: salad dressing, barbeque sauce, marinade, ketchup and hot sauce; in Class 43: restaurant services] |
"SMOKEY’S ORIGINAL RIB PIT BAR-B-QUE" (and design) [restaurant services; catering services; take-out restaurant services] |
No |
| 6-4 |
EX |
78373640 |
DSM Pharmaceuticals, Inc. |
whether applicant’s specimen shows service mark use of applicant’s mark for the services recited in its application |
Refusal Affirmed |
|
"LIQUIDADVANTAGE" [custom manufacturing of pharmaceuticals featuring liquid fill and finish technology] |
|
Yes |
| 6-5 |
EX |
78760920 |
Dynamic Edge, Inc. |
2(d) |
Refusal Affirmed |
|
"DE" (and design) [a wide variety of computer related services, including: hosting computer software applications of others; computer network design for others; computer security services, namely, restricting access to and by computer networks to and of undesired websites, media, individuals and facilities; managing websites for others; design and development of online computer software systems; computer software consultation; computer software design for others] |
"DE" (and design) [computer site design; computer software consultation; computer software design for others; computer software development; computer software used for the security, monitoring, and management of websites, networked web pages and other operating software systems used for machine to machine interaction over a network] |
No |
| 6-6 |
EX |
78896726 |
Flipside Vision Ltd. |
2(d) |
Refusal Affirmed |
|
"FLIP SIDE" (and design) [books, namely, anthology of calendar page designs; photographs; posters; stationery; postcards; greeting cards; diaries; desk diaries; calendars] |
"FLIPSIDE" [greeting cards, calendars, gift wrap paper, paper gift bags] |
No |
| 6-6 |
EX |
78776331 |
Sensient Flavors Inc. |
2(d) |
Refusal Affirmed |
|
"DAIRYBOOST" [flavor and texture enhancers for use in the manufacture of food and beverage products] |
"BOOST" [natural food flavoring for manufacturing use only] |
No |
(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (MD)=Motion to Dismiss; (MR)=Motion to Reopen; (R)=Request for Reconsideration (2) *=Opinion Writer; (D)=Dissenting Panel Member
| Mailing and Hand Carry Addresses for Mail to the United States Patent and Trademark Office |
MAILING AND HAND CARRY ADDRESSES FOR
MAIL TO THE UNITED STATES PATENT AND TRADEMARK OFFICE
MAIL TO BE DIRECTED TO THE COMMISSIONER FOR PATENTS
For most correspondence (e.g., new patent applications) no mail stop
is required because the processing of the correspondence is routine.
If NO mail stop is included on the list below, no mail stop is required
for the correspondence. See the listing under "Special Mail Stops
Applicable To Both Patent And Trademark Mail" for additional mail stops
for patent-related correspondence. Only the specified type of document
should be placed in an envelope addressed to one of these special mail
stops. If any documents other than the specified type identified for each
special mail stop are addressed to that mail stop, they will be
significantly delayed in reaching the appropriate area for which they are
intended. The mail stop should generally appear as the first line in
the address.
Some correspondence may be submitted electronically. See the Office's
Internet Web site http://www.uspto.gov for additional information.
Please address mail to be delivered by the United States Postal Service
(USPS) as follows:
Mail Stop _____
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
If no Mail Stop is indicated below, the line beginning Mail Stop should
be omitted from the address.
NEW: The Mail Stop description for Mail Stop Patent Ext. has been
revised and a new Mail Stop for patent term extension requests under
35 U.S.C. 156 has been added as Mail Stop Hatch-Waxman PTE.
Except correspondence for Maintenance Fee payments, Deposit Account
Replenishments (see 1.25(c)(4)), and Licensing and Review (see 37 CFR
5.1(c) and 5.2(c)), please address correspondence to be delivered by other
delivery services (Federal Express (Fed Ex), UPS, DHL, Laser, Action,
Purolater, etc.) as follows:
United States Patent and Trademark Office
Customer Service Window, Mail Stop _____
Randolph Building
401 Dulany Street
Alexandria, VA 22314
Mail Stop
Designations Explanation
Mail Stop 12 Contributions to the Examiner Education Program.
Mail Stop 313(c) Petitions under 37 CFR 1.313(c) to withdraw a
patent application from issue after payment of
the issue fee and any papers associated with the
petition, including papers necessary for a
continuing application or a request for
continued examination (RCE).
Mail Stop AF Amendments and other responses after final
rejection (e.g., a notice of appeal (and any
request for pre-appeal brief conference)),
other than an appeal brief.
Mail Stop Amendment Information disclosure statements, drawings, and
replies to Office actions in patent applications
with or without an amendment to the application or
a terminal disclaimer. (Use Mail Stop AF for
replies after final rejection.).
Mail Stop Appeal For appeal briefs or other briefs under
Brief-Patents part 41 of title 37 of the Code of Federal
Regulations (e.g., former 37 CFR 1.192).
Mail Stop Public comments regarding patent related
Comments-Patents regulations and procedures.
Mail Stop Conversion Requests under 37 CFR 1.53(c)(2) to convert a
nonprovisional application to a provisional
application and requests under 37 CFR 1.53(c)(3)
to convert a provisional application to a
nonprovisional application.
Mail Stop DD Disclosure Documents or materials related to the
Disclosure Document Program. (A disclosure document
is NOT an information disclosure statement.)
Instead of filing a disclosure document, inventors
are encouraged to file a provisional patent
application.
Mail Stop EBC Mail for the Electronic Business Center including:
Certificate Action Forms, Request for Customer
Numbers, and Requests for Customer Number Data
Change (USPTO Forms PTO-2042, PTO/SB/124A and 125A,
respectively) and Customer Number Upload
Spreadsheets and Cover Letters.
Mail Stop Expedited Only to be used for the initial filing of
Design design applications accompanied by a
request for expedited examination under
37 CFR 1.155.
Mail Stop Express Requests for abandonment of a patent
Abandonment application pursuant to 37 CFR 1.138,
including any petitions under 37 CFR
1.138(c) to expressly abandon an
application to avoid publication of the
application. (Applicants are encouraged to
transmit the requests by facsimile to
703-305-8568.)
Mail Stop Applications under 35 U.S.C. 156 for patent term
Hatch-Waxman PTE extension based on regulatory review of a product
subject to pre-market review by a regulating
agency. This mail stop is also to be used for
additional correspondence regarding the
application for patent term extension under
35 U.S.C. 156. It is preferred that such initial
requests be hand-carried to:
Office of Patent Legal Administration
Room MDW 7D55
600 Dulany Street (Madison Building)
Alexandria, VA 22314
Mail Stop ILS Correspondence relating to international patent
classification, exchanges and standards.
Mail Stop Issue Fee All communications following the receipt of a
PTOL-85, "Notice of Allowance and Fee(s)
Due," and prior to the issuance of a patent
should be addressed to Mail Stop Issue Fee,
unless advised to the contrary.
Assignments are the exception. Assignments
(with cover sheets) should be faxed to
571-273-0140, electronically submitted
(http://epas.uspto.gov), or submitted in a
separate envelope and sent to Mail Stop
Assignment Recordation Services,
Director - U.S. Patent and Trademark Office
as shown below.
Mail Stop L&R All documents pertaining to applications subject
to secrecy order pursuant to 35 U.S.C. 181, or
national-security classified and required to be
processed accordingly. Such papers, petitions for
foreign filing license pursuant to 37 CFR 5.12(b)
for which expedited handling is requested, and
petitions for retroactive license under 37 CFR
5.25 may also be hand carried to Licensing and
Review:
Technology Center 3600, Office of the Director
Room 4B41
501 Dulany Street (Knox Building)
Alexandria, VA 22314
Mail Stop Missing Requests for a corrected filing receipt and
Parts replies to OIPE notices such as the Notice
of Omitted Items, Notice to File Corrected
Application Papers, Notice of Incomplete
Application, Notice to Comply with Nucleotide
Sequence Requirements, and Notice to File Missing
Parts of Application, and associated papers and
fees.
Mail Stop MPEP Submissions concerning the Manual of Patent
Examining Procedure.
Mail Stop Patent Ext. Applications for patent term extension or
adjustment under 35 U.S.C. 154 and any
communications relating thereto. This mail stop
is limited to petitions for patent term extension
under 35 U.S.C. 154 for applications filed
between June 8, 1995 and May 29, 2000, and patent
term adjustment (PTA) under 35 U.S.C. 154 for
applications filed on or after May 29, 2000.
For applications for patent term extension under
35 U.S.C. 156, use Mail Stop Hatch-Waxman PTE.
For applications for patent term extension or
adjustment under 35 U.S.C. 154 that are mailed
together with the payment of the issue fee, use
Mail Stop Issue Fee.
Mail Stop Patent Submission of comments regarding search templates.
Search Template
Comments
Mail Stop PCT Mail related to international applications filed
under the Patent Cooperation Treaty in the
international phase and in the national phase
under 35 U.S.C. 371 prior to mailing of a
Notification of Acceptance of Application Under
35 U.S.C. 371 and 37 CFR 1.495 (Form
PCT/DO/EO/903).
Mail Stop Petition Petitions to be decided by the Office of Petitions
including petitions to revive and petitions to
accept late payment of issue fees or maintenance
fees.
Mail Stop PGPUB Correspondence regarding publication of patent
applications not otherwise provided, including
requests for early publication made after filing,
rescission of non-publication request, corrected
patent application publication, refund of
publication fee.
Mail Stop Post In patented files: requests for changes of
Issue correspondence address, powers of attorney,
revocations of powers of attorney, withdrawal of
attorney and submissions under 37 CFR 1.501.
Designation of, or changes to, a fee address
should be addressed to Mail Stop M Correspondence.
Requests for Certificate of Correction need no
special mail stop, but should be mailed to the
attention of Certificate of Correction Branch.
Mail Stop RCE Requests for continued examination under
37 CFR 1.114.
Mail Stop Correspondence pertaining to the reconstruction
Reconstruction of lost patent files.
Mail Stop Ex Parte Requests for Reexamination for original request
Reexam papers and for all subsequent corresponcence other
than correspondence to the Office of the Solicitor
(see 37 CFR 1.1(a)(3) and 1.302(c)).
Mail Stop Inter Requests for Inter Partes Reexamination
Partes Reexam for original request papers and for all
subsequent correspondence other than
correspondence to the Office of the
Solicitor (see 37 CFR Secs. 1.1(a)(3) and
1.302(c)).
Mail Stop Reissue All new and continuing reissue application filings.
Mail Stop Sequence Submission of the computer readable form (CRF) for
applications with sequence listings, when the CRF
is not being filed with the patent application.
MAIL TO BE DIRECTED TO THE COMMISSIONER FOR TRADEMARKS
Please address trademark-related mail to be delivered by the United
States Postal Service (USPS), except documents sent to the Assignment
Services Division for recordation, requests for copies of trademark
documents, and documents directed to the Madrid Processing Unit, as
follows:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Mail to be delivered by the USPS to the Office's Madrid Processing Unit,
must be mailed to:
Madrid Processing Unit
600 Delaney Street
MDE-7B87
Alexandria, VA 22314-5796
Mail to be delivered by the USPS to the Office's Trademark Administrator
regarding Letters of Protest must be mailed to:
Letter of Protest
ATTN: Trademark Administrator
600 Delaney Street
MDE-4B89
Alexandria, VA 22314-5796
Mail to be delivered by the USPS to the Director regarding the Fastener
Quality Act (FQA) must be mailed to:
Director, USPTO
ATTN: FQA
600 Delaney Street, MDE-10A71
Alexandria, VA 22314-5793
Mail to be delivered by the USPS to the Commissioner regarding the
recordal of a Native American Tribal Insignia (NATI) must be mailed to:
Natvie American Tribal Insignia
ATTN: Commissioner for Trademarks
600 Delaney Street
MDE-10A71
Alexandria, VA 22314-5793
Trademark-related mail to be delivered by other delivery services
(Federal Express (Fed Ex), UPS, DHL, Laser, Action, Purolater, etc.),
by courier or by hand to the Trademark Operation, the Trademark Trial and
Appeal Board, the Office's Madrid Processing Unit, Letters of Protest,
FQA or NATI, must be delivered to:
Trademark Assistance Center
Madison East, Concourse Level Room C 55
600 Dulany Street
Alexandria, VA 22314
MAIL TO BE DIRECTED TO THE DIRECTOR OF THE UNITED STATES
PATENT AND TRADEMARK OFFICE
Please address mail to be directed to a mail stop identified below to
be delivered by the United States Postal Service (USPS) as follows (unless
otherwise instructed):
Mail Stop _____
Director of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
Mail Stop
Designations Explanation
Mail Stop 3 Mail for the Office of Personnel from NFC.
Mail Stop 6 Mail for the Office of Procurement.
Mail Stop 8 All papers for the Office of the Solicitor except
communications relating to pending litigation and
disciplinary proceedings; papers relating to
pending litigation in court cases shall be mailed
only to Office of the Solicitor, P.O. Box 15667,
Arlington, VA 22215 and papers related to pending
disciplinary proceedings before the Administrative
Law Judge or the Director shall be mailed only to
the Office of the Solicitor, P.O. Box 16116,
Arlington, VA 22215.
Mail Stop 11 Mail for the Electronic Ordering Service (EOS).
Mail Stop 13 Mail for the Employee and Labor Relations Division.
Mail Stop 16 Mail related to refund requests, other than
requests for refund of a patent application
publication fee. Such requests should be directed
to Mail Stop PGPub.
Mail Stop 17 Invoices directed to the Office of Finance.
Mail Stop 24 Mail for the Inventor's Assistance Program,
including complaints about Invention Promoters.
Mail Stop 171 Vacancy Announcement Applications.
Mail Stop Assignment All assignment documents, security interests,
Recordation Services and other documents to be recorded in the
Assignment records. Note that documents with
cover sheets that are faxed to 571-273-0140 or
submitted electronically (http://epas.uspto.gov)
are processed much more quickly than those
submitted by mail.
Mail Stop Mail for the Office of Congressional Relations.
Congressional
Relations
Mail Stop Document All requests for certified or uncertified
Services copies of patent or trademark documents.
Mail Stop EEO Mail for the Office of Civil Rights.
Mail Stop Mail for the Office of Enforcement.
Enforcement
Mail Stop Interference Communications relating to interferences and
applications and patents involved in interference.
Mail Stop Mail for the Office of International Relations.
International
Relations
Mail Stop M Mail to designate or change a fee
Correspondence address, or other correspondence related to
maintenance fees, except payments of
maintenance fees in patents. See below for
the address for maintenance fee payments.
Mail Stop OED Mail for the Office of Enrollment and Discipline.
Maintenance Fee Payments
Unless submitted electronically over the Internet at www.uspto.gov,
payments of maintenance fees in patents should be mailed through the
United States Postal Service to:
United States Patent and Trademark Office
P.O. Box 979070
St. Louis, MO 63197-9000
Alternatively, payment of maintenance fees in patents (Attn:
Maintenance Fee) using hand-delivery and delivery by private courier
(e.g., FedEx, UPS, etc.) may be delivered to:
Director of the United States Patent and Trademark Office
Attn: Maintenance Fee
2051 Jamieson Avenue, Suite 300
Alexandria, Virginia 22314
Deposit Account Replenishments
To send payment to replenish deposit accounts, send the payments
through the United States Postal Service to:
United States Patent and Trademark Office
P.O. Box 979065
St. Louis, MO 63197-9000
Alternatively, deposit account replenishments (Attn: Deposit Accounts)
using hand-delivery and delivery by private courier (e.g., FedEx, UPS,
etc.) may be delivered to:
Director of the United States Patent and Trademark Office
Attn: Deposit Accounts
2051 Jamieson Avenue, Suite 300
Alexandria, Virginia 22314
Top of Notices
| Reference Collections of U.S. Patents Available for Public Use in Patent Depository Libraries |
Reference Collections of U.S. Patents and Trademarks
Available for Public Use in Patent and Trademark Depository Libraries
The following libraries, designated as Patent and Trademark Depository
Libraries (PTDLs), provide public access to patent and trademark
information received from the United States Patent and Trademark Office
(USPTO). This information includes all issued patents, all registered
trademarks, the Official Gazette of the U.S. Patent and Trademark Office,
search tools such as the Cassis CD-ROM suite of products and supplemental
information in a variety of formats including online, optical disc,
microfilm and paper. Each PTDL also offers access to USPTO resources on
the Internet and to PubWEST (Web based examiner search tool), a system
used by patent examiners that is not available on the Internet.
Staff assistance and training is provided in the use of this information.
All information is available free of charge. However, there may be charges
associated with the use of photocopying and related services. Hours of
service to the public vary, and anyone contemplating use of these
collections at a particular library is urged to contact that library in
advance about its services and hours to avoid inconvenience.
State Name of Library Telephone Contact
Alabama Auburn University Libraries (334) 844-1737
Birmingham Public Library (205) 226-3620
Alaska Anchorage: Z. J. Loussac Public
Library (907) 562-7323
Arkansas Little Rock: Arkansas State
Library (501) 682-2053
California Los Angeles Public Library (213) 228-7220
Riverside: University of
California, Riverside Libraries (951) 827-3226
Sacramento: California State
Library (916) 654-0069
San Diego Public Library (619) 236-5813
San Francisco Public Library (415) 557-4500
Sunnyvale Public Library (408) 730-7300
Colorado Denver Public Library (720) 865-1711
Delaware Newark: University of Delaware
Library (302) 831-2965
Dist. of Columbia Washington: Howard University
Libraries (202) 806-7252
Florida Fort Lauderdale: Broward County
Main Library (954) 357-7444
Miami-Dade Public Library (305) 375-2665
Orlando: University of Central
Florida Libraries (407) 823-2562
Georgia Atlanta: Price Gilbert Memorial
Library, Georgia Institute
of Technology (404) 894-1395
Hawaii Honolulu: Hawaii State Public
Library System (808) 586-3477
Idaho Moscow: University of Idaho Library (208) 885-6235
Illinois Chicago Public Library (312) 747-4450
Springfield: Illinois State Library (217) 782-5659
Indiana Indianapolis-Marion County Public
Library (317) 269-1741
West Lafayette Siegesmund
Engineering Library,
Purdue University (765) 494-2872
Iowa Des Moines: State Library of Iowa (515) 242-6541
Kansas Wichita: Ablah Library, Wichita
State University 1 (800) 572-8368
Kentucky Louisville Free Public Library (502) 574-1611
Louisiana Baton Rouge: Troy H. Middleton
Library, Louisiana State University (225) 388-8875
Maine Orono: Raymond H. Fogler Library,
University of Maine (207) 581-1678
Maryland Baltimore: University of Baltimore
Law Library (410) 837-4554
College Park: Engineering and
Physical Sciences Library,
University of Maryland (301) 405-9157
Massachusetts Amherst: Physical Sciences Library,
University of Massachusetts (413) 545-2765
Boston Public Library (617) 536-5400
Ext. 4256
Michigan Ann Arbor: Media Union Library,
University of Michigan (734) 647-5735
Big Rapids: Abigail S. Timme
Library, Ferris State University (231) 592-3602
Detroit: Public Library (313) 833-1450
Minnesota Minneapolis Public Library and
Information Center (612) 630-6000
Mississippi Jackson: Mississippi Library
Commission (601) 961-4111
Missouri Kansas City: Linda Hall Library (816) 363-4600
Ext. 724
St. Louis Public Library (314) 241-2288
Ext. 390
Montana Butte: Montana College of Mineral
Science and Technology Library (406) 496-4281
Nebraska Lincoln: Engineering Library,
University of Nebraska-Lincoln (402) 472-3411
Nevada Las Vegas--Clark County Library
District (702) 507-3421
Reno: University of Nevada, Reno
Library (775) 784-6500
Ext. 257
New Jersey Newark Public Library (973) 733-7779
Piscataway: Library of Science and
Medicine, Rutgers University (732) 445-2895
New Mexico Albuquerque: University of
New Mexico General Library (505) 277-4412
New York Albany: New York State Library (518) 474-5355
Buffalo and Erie County Public
Library (716) 858-7101
Rochester Public Library (716) 428-8110
New York Library
(The Research Libraries) (212) 592-7000
Stony Brook: Engineering Library,
State University of New York (631) 632-7148
North Carolina Charlotte (704) 687-2241
Raleigh: D.H. Hill Library, North
Carolina State University (919) 515-2935
North Dakota Grand Forks: Chester Fritz Library,
University of North Dakota (701) 777-4888
Ohio Akron - Summit County Public (330) 643-9075
Library
Cincinnati and Hamilton County,
Public Library of (513) 369-6932
Cleveland Public Library (216) 623-2870
Columbus: Ohio State University
Libraries (614) 292-3022
Dayton: Paul Laurence Dunbar
Library, Wright State
University (937) 775-3521
Toledo/Lucas County Public Library (419) 259-5209
Oklahoma Stillwater: Oklahoma State
University Center for International
Trade Development (405) 744-7086
Oregon Portland: Paul L. Boley Law Library,
Lewis & Clark College (503) 768-6786
Pennsylvania Philadelphia, The Free Library of (215) 686-5331
Pittsburgh, Carnegie Library of (412) 622-3138
University Park: Pattee Library,
Pennsylvania State University (814) 865-7617
Puerto Rico Mayaquez General Library,
University of Puerto Rico (787) 993-0000
Ext. 3244
Bayamon, Learning Resources Center,
University of Puerto Rico (787) 786-5225
Rhode Island Providence Public Library (401) 455-8027
South Carolina Clemson University Libraries (864) 656-3024
South Dakota Rapid City: Devereaux Library,
South Dakota School of Mines and
Technology (605) 394-1275
Tennessee Nashville: Stevenson Science
Library, Vanderbilt University (615) 322-2717
Texas Austin: McKinney Engineering
Library, University of Texas at
Austin (512) 495-4500
College Station: West Campus
Library, Texas A & M University (979) 845-2111
Dallas Public Library (214) 670-1468
Houston: The Fondren Library, Rice
University (713) 348-5483
Lubbock: Texas Tech University (806) 742-2282
San Antonio Public Library (210) 207-2500
Utah Salt Lake City: Marriott Library,
University of Utah (801) 581-8394
Vermont Burlington: Bailey/Howe Library,
University of Vermont (802) 656-2542
Virginia Richmond: James Branch Cabell
Library, Virginia Commonwealth
University (804) 828-1101
Washington Seattle: Engineering Library,
University of Washington (206) 543-0740
West Virginia Morgantown: Evansdale Library,
West Virginia University (304) 293-4695
Ext. 5113
Wisconsin Madison: Kurt F. Wendt Library,
University of Wisconsin Madison (608) 262-6845
Milwaukee Public Library (414) 286-3051
Wyoming Cheyenne: Wyoming State Library (307) 777-7281
Top of Notices
| Patent Technology Centers |
PATENT TECHNOLOGY CENTERS
JON W. DUDAS, Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
STEPHEN M. PINKOS, Deputy Under Secretary of Commerce for
Intellectual Property and Deputy Director of the
United States Patent and Trademark Office
JOHN DOLL, Commissioner for Patents
PEGGY FOCARINO, Deputy Commissioner for Patent Operations
JOHN LOVE, Deputy Commissioner for Patent Examination Policy
AVERAGE
FILING DATE OF
APPLICATIONS
RECEIVING A
FIRST OFFICE
CUSTOMER SERVICE ACTION IN THE
TELEPHONE and FAX LAST 3
TECHNOLOGY CENTERS NUMBERS MONTHS*
1600 BIOTECHNOLOGY, AND ORGANIC
CHEMISTRY
1610 Pharmaceutical formulations, 571-272-0700 11/28/04
method of treatment using FAX 571-273-8300
bio-affecting agents, drug
delivery systems, steroids,
herbicidal and pesticidal
compositions, and cosmetics
1620 Organic chemistry 571-272-0700 04/26/05
FAX 571-273-8300
1630 Molecular biology, 571-272-0600 04/05/05
bioinformatics, nucleic FAX 571-273-8300
acids, recombinant DNA
and RNA, Gene regulation,
gene therapy, nucleic acid
amplification, transgenic
animals and recombinant
plants, combinatorial/
computational chemistry.
1640 Immunology, receptor/ligands, 571-272-0600 01/31/05
cytokines, recombinant FAX 571-273-8300
hormones, engineered
antibodies, cancer immunology,
and molecular biology thereof
1650 Fermentation, microbiology, 571-272-0500 06/18/05
plant and animal extracts, FAX 571-273-8300
peptides, isolated and/or
recombinant proteins and
enzymes, protein
crystallography, and enzyme
assays
1660 Plants 571-272-0700 11/26/05
FAX 571-273-8300
1700/ CHEMICAL AND MATERIALS ENGINEERING, AND DESIGNS
2900
1710 Synthetic resins 571-272-1300 04/02/05
FAX 571-273-8300
1720 Fluid separation and 571-272-1300 04/15/05
agitation, metal FAX 571-273-8300
foundry, welding,
plastic molding
apparatus, fuels and
related compositions
1730 Glass and paper making, 571-272-1300 09/02/05
tobacco, non-metallic FAX 571-273-8300
molding, adhesive
bonding, tires and
coating apparatus
1740 Metallurgy, 571-272-1200 04/02/05
electrochemistry, FAX 571-273-8300
cleaning, disinfecting,
sterilizing, analytical
chemistry and wave energy
1750 Chemical products and 571-272-1200 01/28/05
processes, solar cells FAX 571-273-8300
and sputtering apparatuses
1760 Food technology, 571-272-1100 05/18/05
petroleum processing, FAX 571-273-8300
coating and etching
1770 Stock materials and 571-272-1100 02/26/05
miscellaneous articles FAX 571-273-8300
2900 Designs 571-272-2100 01/15/06
FAX 571-273-8300
2100 COMPUTER ARCHITECTURE SOFTWARE AND
INFORMATION SECURITY
2110 Computer architecture 571-272-0900 02/18/05
FAX 571-273-8300
2120 Miscellaneous computer 571-272-1400 01/28/05
applications FAX 571-273-8300
2130 Cryptography, security 571-272-7220 04/21/04
FAX 571-273-8300
2140/ Computer networks 571-272-0800 11/08/03
2150 FAX 571-273-8300
2160/ Database and file management/ 571-272-7220 03/11/04
2170 Graphical user interface FAX 571-273-8300
2180 Computer architecture 571-272-0900 12/26/04
FAX 571-273-8300
2190 Interprocess communications 571-272-1400 01/11/04
and software development FAX 571-273-8300
2600 COMMUNICATIONS
2610 Digital Communications, General 571-272-2600 04/18/04
Communications, Optical FAX 571-273-8300
Communications, Telephony,
Audio, Multiplex
Communications, Cellular
Telephony, Radio and Satellite
Communications
2620 Television and TV Recording, 571-272-2600 04/11/04
Video Distribution, Image FAX 571-273-8300
Analysis, (Fax, Printing,
Printing Network, Scanners),
Speech, (Fax, Disk Drive),
Computer Graphics, Display
Systems
2800 SEMICONDUCTORS, ELECTRICAL AND OPTICAL SYSTEMS AND COMPONENTS
2810 Semiconductors and 571-272-1650 08/26/05
electrical circuits, FAX 571-273-8300
static memory and
digital logic
2820 Semiconductors and 571-272-1950 08/18/05
electrical circuits, FAX 571-273-8300
static memory and
digital logic
2830/ Power generation and 571-272-1850 10/28/05
2840 distribution, music, FAX 571-273-8300
electrical components
and control circuits
2850/ Photocopying, 571-272-1850 08/05/05
2860 recorders, printing, FAX 571-273-8300
measuring and testing
2870 Liquid crystals, optical 571-272-1550 08/18/05
elements, optical systems, FAX 571-273-8300
fiber optics, lasers, electric
lamps, registers, optics
measuring and radiant energy
2880 Liquid crystals, optical 571-272-1550 09/18/05
elements, optical systems, FAX 571-273-8300
fiber optics, lasers, electric
lamps, registers, optics
measuring and radiant energy
2890 Semiconductor, Electrical, 571-272-2800 08/02/05
Optical Systems & Components FAX 571-273-8300
3600 TRANSPORTATION, ELECTRONIC COMMERCE, CONSTRUCTION, AGRICULTURE,
LICENSING AND REVIEW
3610 Surface transportation 571-272-5250 07/18/05
FAX 571-273-8300
3620 Electronic Commerce 571-272-5350 07/28/03
FAX 571-273-8300
3630 Static structures, 571-272-5350 05/18/05
supports and furniture FAX 571-273-8300
3640 Aeronautics, 571-272-5150 09/28/05
agriculture, fishing, FAX 571-273-8300
trapping, vermin destroying,
plant and animal husbandry,
weaponry, nuclear systems
and licensing & review
3650 Material handling and 571-272-5250 06/02/05
article handling FAX 571-273-8300
3660 Computerized vehicle 571-272-5150 07/02/05
controls and navigation, FAX 571-273-8300
radio wave, optical and
acoustic wave communication
3670 Wells, earth boring/ 571-272-5150 08/28/05
moving/working, FAX 571-273-8300
excavating, mining
harvesters, bridges,
roads, petroleum,
closures, connections,
and hardware
3680 Machine elements 571-272-5250 04/11/05
and power transmissions FAX 571-273-8300
3700 MECHANICAL ENGINEERING, MANUFACTURING AND PRODUCTS
3710 Amusement and 571-272-3750 03/31/05
education devices, FAX 571-273-8300
packages and containers
3720 Manufacturing devices 571-272-4050 08/08/05
and processes, machine FAX 571-273-8300
tools and hand tools
3730 Medical instruments, 571-272-2975 11/26/04
diagnostic equipment, FAX 571-273-8300
treatment devices,
surgery, surgical
supplies
3740 Thermal and combustion 571-272-3750 07/26/05
technology, motive and FAX 571-273-8300
fluid power systems
3750 Fluid handling and 571-272-3750 05/15/05
dispensing, and Textile FAX 571-273-8300
Manufacturing and
Apparel
3760 Body treatment, 571-272-2975 04/08/05
kinestherapy, and FAX 571-273-8300
exercising
3770 Respirators, Therapeutic 571-272-2975 12/02/04
Support, Splints, Braces, FAX 571-273-8300
Bandages and Birth Control
Devices
3780 Package and Article Carriers, 571-272-2975 12/02/04
Envelopes, Purses, Wallets, FAX 571-273-8300
Receptacles, Bottles and Jars
* The information provided above reflects an average for the workgroup.
If you need more specific information about an individual application,
please call the appropriate customer service office above.
TECHNOLOGY CENTERS DIRECTOR
1600 BIOTECHNOLOGY AND ORGANIC
1610 Pharmaceutical formulations, method Bruce M. Kisliuk
of treatment using bio-affecting
agents, drug delivery systems,
steroids, herbicidal and pesticidal
compositions, and cosmetics
1620 Organic chemistry George C. Elliott
1630 Molecular biology, bioinformatics, George C. Elliott
nucleic acids, recombinant DNA and
RNA, Gene regulation, gene therapy,
nucleic acid amplification,transgenic
animals and recombinant plants,
combinatorial/computational chemistry.
1640 Immunology, receptor/ligands, John L. LeGuyader
cytokines, recombinant hormones,
engineered antibodies, cancer
immunology, and molecular biology
thereof
1650 Fermentation, microbiology, plant and Bruce M. Kisliuk
animal extracts, peptides, isolated
and/or recombinant proteins and
enzymes, protein crystallography,
and enzyme assays
1660 Plants George C. Elliott
1700/ CHEMICAL AND MATERIALS ENGINEERING
2900 AND DESIGNS
1710 Synthetic resins Gary G. Jones
1720 Fluid separation and agitation, Gary G. Jones
metal foundry, welding, plastic
modeling apparatus, fuels and
related compositions
1730 Glass and paper making, tobacco, Gary G. Jones
non-metallic molding, adhesive
bonding, tires and coating apparatus
1740 Metallurgy, electrochemistry, Jacqueline M. Stone
cleaning, disinfecting, sterilizing,
analytical chemistry and wave energy
1750 Chemical products and processes, Jacqueline M. Stone
solar cells and sputtering apparatuses
1760 Food technology, petroleum processing, Marian C. Knode
coating and etching
1770 Stock materials and miscellaneous Marian C. Knode
articles
2900 Designs Jacqueline M. Stone
2100 COMPUTER ARCHITECTURE SOFTWARE AND
INFORMATION SECURITY
2110 Computer architecture Jack B. Harvey
2120 Miscellaneous computer applications Wendy Garber
2130 Cryptography, security James Dwyer
2140 Computer networks Jack B. Harvey
2150 Computer networks Jack B. Harvey
2160 Database and file management James Dwyer
2170 Graphical user interface Wendy Garber
2180 Computer architecture Jack B. Harvey
2190 Interprocess communications and Wendy Garber
software development
2600 COMMUNICATIONS
2611 Digital communications Jin F. Ng
2612 General communications Mark R. Powell
2613 Optical communications Jin F. Ng
2614 Telephony Mark R. Powell
2615 Audio Mark R. Powell
2616 Multiplex communications Jin F. Ng
2617 Cellular telephony Wanda Walker
2618 Radio and Satellite Communications Mark R. Powell
2621 Television and TV Recording Wanda Walker
2622 Cameras Wanda Walker
2623 Video distribution Wanda Walker
2624 Image analysis Andrew I. Faile
2625 Fax, printing, printing network, Andrew I. Faile
scanners
2626 Speech Mark R. Powell
2627 Disc drives Mark R. Powell
2628 Computer graphics Mark R. Powell
2629 Display systems Mark R. Powell
2800 SEMICONDUCTORS, ELECTRICAL AND OPTICAL SYSTEMS AND COMPONENTS
2810 Semiconductors and electrical circuits, Sharon A. Gibson
Static memory and digital logic
2820 Semiconductors and electrical circuits, Robert Oberleitner
Static memory and digital logic
2830/ Power generation and distribution, Richard K. Seidel
2840 music, electrical components
and control circuits
2850/ Photocopying, recorders, printing, Richard K. Seidel
2860 measuring and testing
2870/ Liquid crystals, optical elements, Janice A. Falcone
2880 optical systems, fiber optics, lasers,
electric lamps, registers, optics
measuring and radiant energy
2890 Semiconductor, electrical, optical Sharon A. Gibson
systems & components
3600 TRANSPORTATION, ELECTRONIC COMMERCE, CONSTRUCTION, AGRICULTURE,
LICENSING AND REVIEW
3610 Surface transportation Katherine Matecki
3620 Electronic commerce Wynn W. Coggins
3630 Static structures, supports and Wynn W. Coggins
furniture
3640 Aeronautics, agriculture, fishing, Donald T. Hajec
trapping, vermin destroying, plant
and animal husbandry, weaponry,
nuclear systems and licensing
& review
3650 Material and article handling Katherine Matecki
3660 Computerized vehicle controls and Donald T. Hajec
navigation, radio wave, optical and
acoustic wave communication
3670 Wells, earth boring/moving/working, Donald T. Hajec
excavating, mining, harvesters,
bridges, roads, petroleum, closures,
connections, and hardware
3680 Machine elements and power Katherine Matecki
transmissions
3700 MECHANICAL ENGINEERING, MANUFACTURING AND PRODUCTS
3710, Amusement and education devices, Karen M. Young
3721, packages and containers
3727,
and
3728
3720 Packages and containers; Frederick R. Schmidt
3720 Manufacturing devices and processes, Frederick R. Schmidt
machine tools and hand tools
3730 Medical instruments, diagnostic Frederick R. Schmidt
equipment, treatment devices, surgery,
surgical supplies
3740 Thermal and combustion technology, Karen M. Young
motive and fluid power systems
3750 Fluid handling and dispensing Karen M. Young
3760 Body treatment, kinestherapy, Frederick R. Schmidt
exercising, textile manufacturing
and apparel
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Top of Notices July 8, 2008