(529) DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Parts 2 and 7
Docket No. PTO-T-2010-0073
RIN 0651-AC49
Extension of Comment Period for Notice of
Proposed Rulemaking on Changes in
Requirements for Specimens and for
Affidavits or Declarations of
Continued Use or Excusable Nonuse in
Trademark Cases
AGENCY: United States Patent and Trademark Office, Commerce
ACTION: Notice of extension of public comment period.
SUMMARY: The United States Patent and Trademark Office ("USPTO") is
extending until September 23, 2011, the period for public comment on the
proposal to revise the Trademark Rules of Practice and the Rules of
Practice for Filings Pursuant to the Madrid Protocol to permit the USPTO to
require: any information, exhibits, and affidavits or declarations deemed
reasonably necessary to examine an affidavit or declaration of continued
use or excusable nonuse in trademark cases, or for the USPTO to assess the
accuracy and integrity of the register; and upon request, more than one
specimen in connection with a use-based trademark application, an
allegation of use, an amendment to a registered mark, or an affidavit or
declaration of continued use in trademark cases.
DATES: Comments must be received by September 23, 2011, to ensure full
consideration.
ADDRESSES: The USPTO prefers that comments be submitted via electronic mail
message to TMFRNotices@uspto.gov. Written comments may also be submitted by
mail to Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA
22313-1451, attention Cynthia C. Lynch; by hand-delivery to the Trademark
Assistance Center, Concourse Level, James Madison Building-East Wing, 600
Dulany Street, Alexandria, Virginia, attention Cynthia C. Lynch; or by
electronic mail message via the Federal eRulemaking Portal. See the Federal
eRulemaking Portal Web site (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 USPTO's Web site at
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. Because comments will be available for public
inspection, information that is not desired to be made public, such as an
address or phone number, should not be included in the comments.
SUPPLEMENTARY INFORMATION
On July 12, 2011, the USPTO published a notice of proposed rulemaking to
revise the Trademark Rules of Practice (37 CFR Part 2) and the Rules of
Practice for Filings Pursuant to the Madrid Protocol ("Madrid Rules") (37
CFR Part 7) to provide for the USPTO to require: (1) any information,
exhibits, and affidavits or declarations deemed reasonably necessary to
examine a post registration affidavit or declaration of continued use in
trademark cases, or for the USPTO to assess the accuracy and integrity of
the register; and (2) upon request, more than one specimen in connection
with a use-based trademark application, an allegation of use, an amendment
to a registered mark, or an affidavit or declaration of continued use in
trademark cases (76 FR 40839 (July 12, 2011)). The notice invited the
public to submit written comments on the proposed rules on or before
September 12, 2011. The USPTO is now extending the period for submission of
public comments until September 23, 2011.
September 6, 2011 DAVID J. KAPPOS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
[1371 TMOG]
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