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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 1393 O.G. 58, on August 13, 2013.
For information on subject matter under Rule 39 that a particular
International Searching Authority will not search, see Annex D of the PCT
Applicants' Guide.
European Patent Office as Searching and Examining Authority
The European Patent Office (EPO) may act as the International Searching
Authority (ISA) or the International Preliminary Examining Authority (IPEA)
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 use of the EPO is restricted. The EPO will not act
as an ISA for applications with one or more claims directed to a business
method. For the definition of what the EPO considers to be precluded
subject matter in the field of business methods, see PCT Applicants's
Guide, Annexes D(EP), E(EP) and the Official Notices (PCT Gazette) dated
May 6, 2010, page 94
(http://www.wipo.int/pct/en/official_notices/index.html). The EPO will act
as an IPEA only if it also acted as the ISA.
The search fee of the European Patent Office was decreased, effective
January 1, 2013, and was announced in the Official Gazette at 1385 O.G. 176,
on December 25, 2012.
Korean Intellectual Property Office as Searching and Examining Authority
The Korean Intellectual Property Office may act as the ISA or the IPEA 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. The announcement appears in the Official Gazette at 1302 O.G.
1261 on January 17, 2006.
The search fee of the Korean Intellectual Property Office was increased,
effective January 1, 2013, and was announced in the Official Gazette at
1385 O.G. 176, on December 25, 2012.
Australian Patent Office as Searching and Examining Authority
The Australian Patent Office (IP Australia) may act as the ISA or the
IPEA 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. The announcement appears in the Offical Gazette
at 1337 O.G. 265, on December 23, 2008. However, the use of IP Australia is
restricted. IP Australia will not act as an ISA for applications with one
or more claims directed to the fields of business methods or mechanical
engineering or analogous fields of technology as defined by specified areas
of the International Patent Classification System, as indicated in the
Official Gazette at 1337 O.G. 261 on December 23, 2008, in Annex A to the
agreement between the USPTO and IP Australia. IP Australia will act as an
IPEA only if it also acted as the ISA.
The search fee of IP Australia was decreased, effective September 1,
2013, and was announced in the Official Gazette at 1393 O.G. 170, on
August 27, 2013.
The Federal Service on Intellectual Property, Patents & Trademarks of
Russia as Searching and Examining Authority
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 79 |
The Federal Service on Intellectual Property, Patents & Trademarks of
Russia (Rospatent) may act as the ISA or the IPEA 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. The announcement appears in the Official Gazette at 1378 O.G. 162,
on May 8, 2012.
The search fee of Rospatent was increased, effective January 1, 2013,
and was announced in the Official Gazette at 1385 O.G. 176, on December 25,
2012.
Fees
The fee for filing a request for the restoration of the right of
priority was changed, effective March 19, 2013, and was announced in the
Federal Register on January 18, 2013. The transmittal fee for the USPTO
was changed to include a basic portion and a non-electronic filing fee
portion, effective November 15, 2011, and was announced in the Federal
Register on November 15, 2011. Search fees for the USPTO were changed,
effective January 12, 2009, and were announced in the Federal Register on
November 12, 2008.
International filing fees were increased, effective January 1, 2013,
and were announced in the Official Gazette at 1385 O.G. 176, on December 25,
2012.
The schedule of PCT fees (in U.S. dollars), as of September 1, 2013, is
as follows:
International Application (PCT Chapter I) fees:
Transmittal fee
Basic Portion $240.00
Non-electronic filing fee portion for international
applications (other than plant applications) filed
on or after 15 November 2011 other than by the
Office electronic filing system
- Other than a small or micro entity $400.00
- Small Entity $200.00
- Micro Entity $200.00
Search fee
U.S. Patent and Trademark Office (USPTO) as
International Searching Authority (ISA)
- Search fee $2,080.00
- Supplemental search fee, per additional
invention (payable only upon invitation) $2,080.00
European Patent Office as ISA $2,419.00
Korean Intellectual Property Office as ISA $1,167.00
IP Australia as ISA $2,084.00
Federal Service on Intellectual Property, Patents &
Trademarks of Russia (Rospatent) as ISA $217.00
International fees
International filing fee $1,419.00
International filing fee-filed in paper
with PCT EASY zip file or
electronically without PCT EASY zip file $1,312.00
International filing fee-filed
electronically with PCT EASY zip files $1,206.00
Supplemental fee for each page over 30 $16.00
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 80 |
Restoration of Priority
Filing a request for the restoration of the
right of priority under § 1.452
- Other than a small or micro entity $1420.00
- Small Entity $710.00
- Micro Entity $355.00
International Application (PCT Chapter II) fees associated
with filing a Demand for Preliminary Examination:
Handling fee $213.00
Handling fee-90% reduction, if applicants meet criteria
specified at:
http://www.wipo.int/pct/en/fees/fee_reduction.pdf $21.30
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,
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).
October 1, 2013 ANDREW H. HIRSHFELD
Deputy Commissioner for
Patent Examination Policy
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 March 29, 2011
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 7,913,317 through 7,917,966
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on March 27, 2007
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 7,194,770 through 7,197,769
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on March 25, 2003
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 6,536,044 through 6,539,548
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 February 19, 2014
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
Number Number Date
6,347,404 09/723,982 02/19/02
6,347,405 09/779,161 02/19/02
6,347,411 09/633,192 02/19/02
6,347,412 09/694,520 02/19/02
6,347,414 09/775,405 02/19/02
6,347,418 09/378,582 02/19/02
6,347,419 09/620,692 02/19/02
6,347,426 09/522,864 02/19/02
6,347,445 09/498,974 02/19/02
6,347,448 09/805,901 02/19/02
6,347,452 09/708,183 02/19/02
6,347,453 09/317,743 02/19/02
6,347,454 09/611,444 02/19/02
6,347,456 09/494,497 02/19/02
6,347,459 09/499,436 02/19/02
6,347,461 09/455,794 02/19/02
6,347,480 09/606,812 02/19/02
6,347,481 09/687,025 02/19/02
6,347,486 09/430,873 02/19/02
6,347,489 09/677,793 02/19/02
6,347,494 09/266,985 02/19/02
6,347,495 09/265,796 02/19/02
6,347,498 09/705,094 02/19/02
6,347,499 09/409,099 02/19/02
6,347,501 09/092,706 02/19/02
6,347,513 09/748,605 02/19/02
6,347,514 09/586,614 02/19/02
6,347,523 09/724,654 02/19/02
6,347,524 09/724,875 02/19/02
6,347,525 09/753,168 02/19/02
6,347,529 09/559,592 02/19/02
6,347,532 09/415,837 02/19/02
6,347,550 09/744,150 02/19/02
6,347,554 09/515,347 02/19/02
6,347,556 09/530,214 02/19/02
6,347,557 09/556,100 02/19/02
6,347,574 09/600,914 02/19/02
6,347,585 09/128,701 02/19/02
6,347,587 09/431,325 02/19/02
6,347,602 09/727,711 02/19/02
6,347,605 09/636,674 02/19/02
6,347,607 09/746,063 02/19/02
6,347,608 09/597,283 02/19/02
6,347,612 09/659,487 02/19/02
6,347,614 09/567,462 02/19/02
6,347,630 09/294,353 02/19/02
6,347,632 07/910,970 02/19/02
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 83 |
6,347,640 09/486,736 02/19/02
6,347,656 09/498,836 02/19/02
6,347,658 09/495,135 02/19/02
6,347,670 09/527,176 02/19/02
6,347,677 09/516,853 02/19/02
6,347,690 09/625,778 02/19/02
6,347,700 09/564,908 02/19/02
6,347,706 09/611,006 02/19/02
6,347,709 09/394,850 02/19/02
6,347,710 09/460,150 02/19/02
6,347,721 09/615,223 02/19/02
6,347,728 09/600,608 02/19/02
6,347,730 09/631,153 02/19/02
6,347,733 09/542,927 02/19/02
6,347,743 09/777,114 02/19/02
6,347,749 09/500,696 02/19/02
6,347,765 09/553,381 02/19/02
6,347,771 09/588,340 02/19/02
6,347,777 09/495,778 02/19/02
6,347,779 09/557,702 02/19/02
6,347,780 09/511,295 02/19/02
6,347,781 09/545,363 02/19/02
6,347,783 09/602,881 02/19/02
6,347,786 09/766,620 02/19/02
6,347,795 09/573,660 02/19/02
6,347,798 09/491,565 02/19/02
6,347,820 09/636,284 02/19/02
6,347,822 09/620,806 02/19/02
6,347,823 09/692,079 02/19/02
6,347,826 09/650,192 02/19/02
6,347,829 09/716,365 02/19/02
6,347,831 09/419,963 02/19/02
6,347,834 09/645,322 02/19/02
6,347,842 09/481,365 02/19/02
6,347,845 09/581,674 02/19/02
6,347,846 08/817,903 02/19/02
6,347,851 09/480,502 02/19/02
6,347,856 09/263,962 02/19/02
6,347,857 09/404,558 02/19/02
6,347,858 09/195,727 02/19/02
6,347,861 09/262,872 02/19/02
6,347,867 09/770,431 02/19/02
6,347,871 09/837,495 02/19/02
6,347,874 09/505,312 02/19/02
6,347,908 09/466,163 02/19/02
6,347,910 09/644,310 02/19/02
6,347,913 09/132,344 02/19/02
6,347,916 09/307,367 02/19/02
6,347,927 09/630,269 02/19/02
6,347,928 09/706,192 02/19/02
6,347,930 09/643,710 02/19/02
6,347,934 09/568,638 02/19/02
6,347,935 09/335,007 02/19/02
6,347,942 09/222,523 02/19/02
6,347,945 09/782,674 02/19/02
6,347,951 09/439,395 02/19/02
6,347,952 09/663,877 02/19/02
6,347,956 09/271,442 02/19/02
6,347,969 09/558,311 02/19/02
6,347,970 09/643,810 02/19/02
6,347,984 09/702,270 02/19/02
6,347,986 09/622,420 02/19/02
6,347,997 09/568,662 02/19/02
6,347,999 09/442,879 02/19/02
6,348,011 09/417,829 02/19/02
6,348,020 09/525,618 02/19/02
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 84 |
6,348,021 09/736,869 02/19/02
6,348,032 09/199,094 02/19/02
6,348,044 09/416,666 02/19/02
6,348,051 09/462,949 02/19/02
6,348,057 09/640,657 02/19/02
6,348,059 09/553,267 02/19/02
6,348,064 09/658,790 02/19/02
6,348,072 09/417,118 02/19/02
6,348,074 09/228,821 02/19/02
6,348,082 09/569,487 02/19/02
6,348,092 09/426,709 02/19/02
6,348,093 09/559,624 02/19/02
6,348,094 09/527,671 02/19/02
6,348,101 09/669,789 02/19/02
6,348,103 09/462,771 02/19/02
6,348,108 09/260,056 02/19/02
6,348,117 08/944,660 02/19/02
6,348,120 08/864,947 02/19/02
6,348,125 09/484,683 02/19/02
6,348,126 09/636,699 02/19/02
6,348,127 09/252,499 02/19/02
6,348,128 09/275,577 02/19/02
6,348,130 09/623,826 02/19/02
6,348,143 09/485,519 02/19/02
6,348,145 09/109,867 02/19/02
6,348,151 09/486,126 02/19/02
6,348,157 09/097,278 02/19/02
6,348,164 09/309,456 02/19/02
6,348,170 08/173,930 02/19/02
6,348,175 09/412,483 02/19/02
6,348,179 09/315,097 02/19/02
6,348,186 08/465,236 02/19/02
6,348,187 09/117,949 02/19/02
6,348,188 09/456,003 02/19/02
6,348,191 07/704,578 02/19/02
6,348,199 08/177,576 02/19/02
6,348,204 09/415,219 02/19/02
6,348,209 09/875,680 02/19/02
6,348,212 09/314,271 02/19/02
6,348,213 08/238,149 02/19/02
6,348,221 09/155,857 02/19/02
6,348,222 09/134,962 02/19/02
6,348,227 09/688,734 02/19/02
6,348,231 09/627,793 02/19/02
6,348,245 09/645,621 02/19/02
6,348,263 09/720,059 02/19/02
6,348,275 09/544,033 02/19/02
6,348,276 09/382,581 02/19/02
6,348,277 09/167,148 02/19/02
6,348,283 09/453,522 02/19/02
6,348,284 09/479,931 02/19/02
6,348,291 09/657,438 02/19/02
6,348,295 09/519,722 02/19/02
6,348,302 09/615,957 02/19/02
6,348,305 09/770,011 02/19/02
6,348,307 09/625,324 02/19/02
6,348,308 09/135,448 02/19/02
6,348,309 08/751,624 02/19/02
6,348,310 08/208,573 02/19/02
6,348,317 09/713,950 02/19/02
6,348,323 09/405,348 02/19/02
6,348,330 09/482,971 02/19/02
6,348,333 09/142,956 02/19/02
6,348,338 08/435,388 02/19/02
6,348,347 09/424,707 02/19/02
6,348,348 09/287,354 02/19/02
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 85 |
6,348,350 09/143,707 02/19/02
6,348,351 09/202,089 02/19/02
6,348,360 09/528,156 02/19/02
6,348,366 09/310,037 02/19/02
6,348,367 08/861,001 02/19/02
6,348,368 09/172,300 02/19/02
6,348,373 09/538,017 02/19/02
6,348,375 09/282,006 02/19/02
6,348,377 09/867,602 02/19/02
6,348,380 09/648,699 02/19/02
6,348,395 09/589,818 02/19/02
6,348,400 09/441,238 02/19/02
6,348,402 09/526,880 02/19/02
6,348,403 09/652,423 02/19/02
6,348,411 09/146,742 02/19/02
6,348,412 09/708,310 02/19/02
6,348,415 09/472,556 02/19/02
6,348,424 09/438,492 02/19/02
6,348,428 09/500,452 02/19/02
6,348,432 09/522,730 02/19/02
6,348,433 09/443,296 02/19/02
6,348,434 09/346,157 02/19/02
6,348,438 09/325,209 02/19/02
6,348,443 09/716,302 02/19/02
6,348,444 09/465,461 02/19/02
6,348,451 08/478,736 02/19/02
6,348,458 09/540,749 02/19/02
6,348,460 09/437,240 02/19/02
6,348,462 09/386,486 02/19/02
6,348,464 09/438,970 02/19/02
6,348,466 09/439,841 02/19/02
6,348,468 09/530,949 02/19/02
6,348,469 09/579,392 02/19/02
6,348,475 09/870,782 02/19/02
6,348,481 09/758,355 02/19/02
6,348,483 09/391,649 02/19/02
6,348,485 09/700,405 02/19/02
6,348,486 09/977,828 02/19/02
6,348,489 09/547,226 02/19/02
6,348,490 09/377,741 02/19/02
6,348,494 09/722,193 02/19/02
6,348,512 08/722,703 02/19/02
6,348,514 09/486,762 02/19/02
6,348,515 09/656,539 02/19/02
6,348,516 09/424,982 02/19/02
6,348,519 09/547,346 02/19/02
6,348,520 09/494,118 02/19/02
6,348,527 09/358,419 02/19/02
6,348,529 09/477,545 02/19/02
6,348,530 09/462,066 02/19/02
6,348,535 09/402,095 02/19/02
6,348,543 09/335,202 02/19/02
6,348,545 09/229,495 02/19/02
6,348,546 09/785,179 02/19/02
6,348,568 09/315,304 02/19/02
6,348,588 09/302,334 02/19/02
6,348,597 09/824,788 02/19/02
6,348,600 09/788,944 02/19/02
6,348,601 09/774,628 02/19/02
6,348,602 09/716,024 02/19/02
6,348,605 09/787,113 02/19/02
6,348,608 09/284,054 02/19/02
6,348,613 09/748,766 02/19/02
6,348,618 09/641,656 02/19/02
6,348,625 09/709,076 02/19/02
6,348,633 09/806,745 02/19/02
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 86 |
6,348,642 07/987,256 02/19/02
6,348,643 09/426,568 02/19/02
6,348,647 09/539,969 02/19/02
6,348,651 09/535,426 02/19/02
6,348,659 09/227,164 02/19/02
6,348,662 09/511,347 02/19/02
6,348,664 09/866,103 02/19/02
6,348,665 09/666,548 02/19/02
6,348,669 09/673,047 02/19/02
6,348,672 09/269,679 02/19/02
6,348,677 09/798,839 02/19/02
6,348,682 09/439,916 02/19/02
6,348,692 09/331,401 02/19/02
6,348,700 09/178,747 02/19/02
6,348,704 09/641,818 02/19/02
6,348,706 09/531,680 02/19/02
6,348,709 09/268,176 02/19/02
6,348,719 08/698,251 02/19/02
6,348,721 09/551,512 02/19/02
6,348,724 09/660,916 02/19/02
6,348,731 09/240,950 02/19/02
6,348,739 09/558,470 02/19/02
6,348,743 09/567,972 02/19/02
6,348,745 09/524,482 02/19/02
6,348,747 09/609,704 02/19/02
6,348,749 08/843,280 02/19/02
6,348,753 09/593,601 02/19/02
6,348,762 09/418,812 02/19/02
6,348,767 09/695,887 02/19/02
6,348,768 09/752,431 02/19/02
6,348,769 09/472,195 02/19/02
6,348,773 08/949,494 02/19/02
6,348,775 09/570,166 02/19/02
6,348,776 09/758,294 02/19/02
6,348,788 09/406,509 02/19/02
6,348,801 09/533,689 02/19/02
6,348,822 09/318,897 02/19/02
6,348,839 09/498,993 02/19/02
6,348,843 09/317,057 02/19/02
6,348,852 09/807,180 02/19/02
6,348,860 09/304,381 02/19/02
6,348,863 09/589,373 02/19/02
6,348,865 09/623,198 02/19/02
6,348,875 09/351,107 02/19/02
6,348,880 09/582,933 02/19/02
6,348,882 09/625,084 02/19/02
6,348,889 09/632,460 02/19/02
6,348,890 09/383,819 02/19/02
6,348,892 09/691,672 02/19/02
6,348,900 09/491,188 02/19/02
6,348,902 09/061,037 02/19/02
6,348,904 09/275,660 02/19/02
6,348,912 09/317,840 02/19/02
6,348,923 09/095,870 02/19/02
6,348,937 09/754,496 02/19/02
6,348,943 09/182,629 02/19/02
6,348,944 08/956,102 02/19/02
6,348,954 09/255,188 02/19/02
6,348,960 09/433,929 02/19/02
6,348,962 09/399,947 02/19/02
6,348,963 09/768,309 02/19/02
6,348,967 09/568,931 02/19/02
6,348,968 09/823,560 02/19/02
6,348,972 09/366,958 02/19/02
6,348,974 09/066,843 02/19/02
6,348,976 09/087,500 02/19/02
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 87 |
6,348,982 09/296,462 02/19/02
6,348,986 09/106,826 02/19/02
6,348,989 09/867,318 02/19/02
6,348,994 09/505,724 02/19/02
6,348,996 09/512,891 02/19/02
6,348,997 09/512,892 02/19/02
6,349,004 09/616,130 02/19/02
6,349,006 09/691,097 02/19/02
6,349,015 09/134,040 02/19/02
6,349,018 09/334,970 02/19/02
6,349,020 09/686,485 02/19/02
6,349,021 09/481,452 02/19/02
6,349,027 09/253,704 02/19/02
6,349,034 09/846,357 02/19/02
6,349,039 09/066,503 02/19/02
6,349,041 09/328,279 02/19/02
6,349,069 09/879,145 02/19/02
6,349,071 09/699,270 02/19/02
6,349,072 09/705,541 02/19/02
6,349,075 09/118,087 02/19/02
6,349,076 09/338,682 02/19/02
6,349,083 09/351,369 02/19/02
6,349,087 09/233,205 02/19/02
6,349,095 08/974,936 02/19/02
6,349,101 09/196,142 02/19/02
6,349,105 09/584,455 02/19/02
6,349,109 09/166,542 02/19/02
6,349,112 09/413,685 02/19/02
6,349,119 09/077,749 02/19/02
6,349,121 09/525,789 02/19/02
6,349,151 09/223,073 02/19/02
6,349,178 08/855,152 02/19/02
6,349,179 09/192,699 02/19/02
6,349,185 09/652,608 02/19/02
6,349,194 09/304,889 02/19/02
6,349,202 09/204,689 02/19/02
6,349,212 08/665,590 02/19/02
6,349,214 09/316,036 02/19/02
6,349,215 09/537,091 02/19/02
6,349,238 09/154,233 02/19/02
6,349,239 09/041,013 02/19/02
6,349,244 09/329,084 02/19/02
6,349,255 09/423,569 02/19/02
6,349,265 09/275,535 02/19/02
6,349,272 09/545,537 02/19/02
6,349,279 09/171,958 02/19/02
6,349,280 09/262,083 02/19/02
6,349,289 09/008,344 02/19/02
6,349,310 09/347,998 02/19/02
6,349,325 09/097,413 02/19/02
6,349,329 09/163,293 02/19/02
6,349,336 09/504,157 02/19/02
6,349,345 09/240,293 02/19/02
6,349,347 09/606,782 02/19/02
6,349,364 09/270,254 02/19/02
6,349,366 09/099,385 02/19/02
6,349,375 09/309,061 02/19/02
6,349,389 09/551,354 02/19/02
6,349,396 09/745,834 02/19/02
6,349,405 09/313,182 02/19/02
PATENTS WHICH EXPIRED ON February 14, 2014
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
Number Number Date
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 88 |
6,996,850 10/767,736 02/14/06
6,996,853 10/463,709 02/14/06
6,996,854 10/065,113 02/14/06
6,996,858 11/112,548 02/14/06
6,996,859 10/446,525 02/14/06
6,996,861 10/843,520 02/14/06
6,996,862 11/011,976 02/14/06
6,996,873 10/251,272 02/14/06
6,996,884 10/358,860 02/14/06
6,996,888 10/816,671 02/14/06
6,996,889 10/627,479 02/14/06
6,996,890 10/783,445 02/14/06
6,996,898 10/812,954 02/14/06
6,996,901 10/992,009 02/14/06
6,996,903 10/641,182 02/14/06
6,996,904 08/987,005 02/14/06
6,996,910 10/652,601 02/14/06
6,996,914 10/914,414 02/14/06
6,996,918 10/311,105 02/14/06
6,996,925 10/765,616 02/14/06
6,996,927 10/267,998 02/14/06
6,996,928 10/424,380 02/14/06
6,996,933 10/916,581 02/14/06
6,996,937 10/183,061 02/14/06
6,996,939 10/410,045 02/14/06
6,996,945 10/439,928 02/14/06
6,996,955 10/661,235 02/14/06
6,996,956 09/760,189 02/14/06
6,996,957 10/399,487 02/14/06
6,996,958 10/937,298 02/14/06
6,996,988 10/767,416 02/14/06
6,996,992 10/390,407 02/14/06
6,997,002 10/482,786 02/14/06
6,997,010 11/117,141 02/14/06
6,997,016 10/796,052 02/14/06
6,997,026 10/248,033 02/14/06
6,997,027 10/644,091 02/14/06
6,997,035 10/820,751 02/14/06
6,997,036 10/482,933 02/14/06
6,997,039 10/785,421 02/14/06
6,997,046 10/632,287 02/14/06
6,997,048 10/716,256 02/14/06
6,997,053 10/650,170 02/14/06
6,997,054 10/845,504 02/14/06
6,997,057 10/485,264 02/14/06
6,997,062 10/991,767 02/14/06
6,997,069 10/963,608 02/14/06
6,997,079 10/198,359 02/14/06
6,997,080 10/733,307 02/14/06
6,997,094 10/897,792 02/14/06
6,997,098 10/771,399 02/14/06
6,997,102 10/843,579 02/14/06
6,997,109 11/001,986 02/14/06
6,997,111 10/699,344 02/14/06
6,997,112 10/495,179 02/14/06
6,997,114 10/726,036 02/14/06
6,997,116 10/365,425 02/14/06
6,997,120 10/439,844 02/14/06
6,997,122 10/644,017 02/14/06
6,997,130 10/981,012 02/14/06
6,997,131 11/057,510 02/14/06
6,997,133 10/937,414 02/14/06
6,997,138 10/612,589 02/14/06
6,997,142 10/757,447 02/14/06
6,997,144 10/820,064 02/14/06
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 89 |
6,997,146 10/423,976 02/14/06
6,997,148 10/966,901 02/14/06
6,997,151 11/054,065 02/14/06
6,997,168 10/182,380 02/14/06
6,997,169 10/937,744 02/14/06
6,997,173 10/759,979 02/14/06
6,997,178 09/831,899 02/14/06
6,997,183 10/613,558 02/14/06
6,997,184 10/827,410 02/14/06
6,997,200 10/367,529 02/14/06
6,997,202 10/321,757 02/14/06
6,997,213 10/742,493 02/14/06
6,997,215 10/779,202 02/14/06
6,997,220 11/002,819 02/14/06
6,997,232 10/999,779 02/14/06
6,997,241 10/055,434 02/14/06
6,997,242 09/800,004 02/14/06
6,997,243 10/829,975 02/14/06
6,997,245 11/003,246 02/14/06
6,997,248 10/848,325 02/14/06
6,997,283 10/734,736 02/14/06
6,997,287 09/890,407 02/14/06
6,997,293 10/867,470 02/14/06
6,997,299 10/730,461 02/14/06
6,997,302 10/514,532 02/14/06
6,997,307 10/879,987 02/14/06
6,997,308 10/710,450 02/14/06
6,997,319 10/807,049 02/14/06
6,997,326 10/682,671 02/14/06
6,997,335 10/157,600 02/14/06
6,997,336 10/662,879 02/14/06
6,997,348 10/612,634 02/14/06
6,997,357 10/815,598 02/14/06
6,997,360 10/310,885 02/14/06
6,997,372 10/807,083 02/14/06
6,997,388 10/367,678 02/14/06
6,997,401 10/751,638 02/14/06
6,997,403 10/340,976 02/14/06
6,997,414 10/726,176 02/14/06
6,997,417 10/750,172 02/14/06
6,997,419 11/077,803 02/14/06
6,997,421 10/715,754 02/14/06
6,997,423 10/778,068 02/14/06
6,997,424 10/427,381 02/14/06
6,997,426 10/794,046 02/14/06
6,997,429 10/220,812 02/14/06
6,997,431 10/378,542 02/14/06
6,997,452 10/962,414 02/14/06
6,997,453 09/928,352 02/14/06
6,997,459 10/928,685 02/14/06
6,997,468 10/614,232 02/14/06
6,997,469 10/163,446 02/14/06
6,997,471 10/859,847 02/14/06
6,997,472 10/617,359 02/14/06
6,997,477 10/419,544 02/14/06
6,997,478 10/389,077 02/14/06
6,997,485 10/184,596 02/14/06
6,997,496 10/661,585 02/14/06
6,997,497 10/800,724 02/14/06
6,997,503 10/504,733 02/14/06
6,997,513 10/706,022 02/14/06
6,997,521 10/236,165 02/14/06
6,997,523 10/401,017 02/14/06
6,997,532 09/748,650 02/14/06
6,997,535 10/650,694 02/14/06
6,997,537 10/963,559 02/14/06
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 90 |
6,997,538 09/571,959 02/14/06
6,997,552 10/996,898 02/14/06
6,997,557 10/754,810 02/14/06
6,997,565 10/629,669 02/14/06
6,997,567 10/961,490 02/14/06
6,997,572 10/628,457 02/14/06
6,997,584 10/733,875 02/14/06
6,997,590 10/791,933 02/14/06
6,997,591 10/390,554 02/14/06
6,997,599 10/443,232 02/14/06
6,997,619 10/465,082 02/14/06
6,997,620 10/882,334 02/14/06
6,997,625 10/728,926 02/14/06
6,997,626 10/913,341 02/14/06
6,997,644 10/675,709 02/14/06
6,997,646 10/474,413 02/14/06
6,997,652 10/333,341 02/14/06
6,997,653 10/181,369 02/14/06
6,997,662 10/624,559 02/14/06
6,997,667 10/294,464 02/14/06
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6,997,684 10/362,696 02/14/06
6,997,694 10/768,720 02/14/06
6,997,699 10/805,458 02/14/06
6,997,700 10/656,845 02/14/06
6,997,703 10/826,696 02/14/06
6,997,707 10/429,505 02/14/06
6,997,709 10/203,356 02/14/06
6,997,712 10/679,584 02/14/06
6,997,715 10/115,590 02/14/06
6,997,716 11/007,914 02/14/06
6,997,722 10/808,123 02/14/06
6,997,724 10/877,169 02/14/06
6,997,728 11/182,393 02/14/06
6,997,733 10/920,341 02/14/06
6,997,738 10/820,850 02/14/06
6,997,739 10/871,743 02/14/06
6,997,740 10/117,534 02/14/06
6,997,746 10/828,156 02/14/06
6,997,748 11/072,286 02/14/06
6,997,751 11/100,425 02/14/06
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6,997,755 10/610,649 02/14/06
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6,997,760 10/792,225 02/14/06
6,997,766 11/125,667 02/14/06
6,997,769 09/755,696 02/14/06
6,997,781 10/116,585 02/14/06
6,997,785 11/020,287 02/14/06
6,997,787 10/994,722 02/14/06
6,997,789 09/929,137 02/14/06
6,997,791 10/889,344 02/14/06
6,997,794 10/860,694 02/14/06
6,997,809 10/107,081 02/14/06
6,997,811 10/811,037 02/14/06
6,997,814 10/943,342 02/14/06
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6,997,822 11/015,091 02/14/06
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6,997,840 10/784,560 02/14/06
6,997,842 10/648,988 02/14/06
6,997,844 10/808,074 02/14/06
6,997,851 10/800,576 02/14/06
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 91 |
6,997,856 10/445,115 02/14/06
6,997,857 10/393,332 02/14/06
6,997,860 10/642,793 02/14/06
6,997,863 10/200,082 02/14/06
6,997,882 10/328,214 02/14/06
6,997,888 10/191,570 02/14/06
6,997,891 10/657,044 02/14/06
6,997,896 10/386,015 02/14/06
6,997,899 10/321,910 02/14/06
6,997,901 10/206,868 02/14/06
6,997,903 10/360,803 02/14/06
6,997,904 10/327,623 02/14/06
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6,997,910 10/838,101 02/14/06
6,997,943 10/370,367 02/14/06
6,997,962 10/781,449 02/14/06
6,997,966 10/762,346 02/14/06
6,997,987 10/611,505 02/14/06
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6,998,023 10/399,544 02/14/06
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6,998,046 10/214,580 02/14/06
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6,998,057 10/767,929 02/14/06
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6,998,120 10/848,375 02/14/06
6,998,122 09/719,911 02/14/06
6,998,132 09/485,820 02/14/06
6,998,133 10/318,548 02/14/06
6,998,136 10/687,540 02/14/06
6,998,138 10/636,976 02/14/06
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6,998,178 10/404,644 02/14/06
6,998,182 10/385,460 02/14/06
6,998,184 10/636,152 02/14/06
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 92 |
6,998,192 10/652,118 02/14/06
6,998,195 09/596,556 02/14/06
6,998,200 10/404,398 02/14/06
6,998,201 10/466,041 02/14/06
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6,998,400 10/150,341 02/14/06
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6,998,413 09/889,530 02/14/06
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6,998,460 10/999,362 02/14/06
6,998,466 10/722,124 02/14/06
6,998,469 10/446,826 02/14/06
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 93 |
6,998,473 09/509,482 02/14/06
6,998,478 10/089,543 02/14/06
6,998,485 10/604,775 02/14/06
6,998,490 10/801,608 02/14/06
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6,998,711 09/638,026 02/14/06
6,998,714 10/721,062 02/14/06
6,998,738 10/686,636 02/14/06
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6,998,765 10/728,912 02/14/06
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6,998,784 10/719,873 02/14/06
6,998,786 10/772,933 02/14/06
6,998,787 10/647,462 02/14/06
6,998,795 10/841,032 02/14/06
6,998,816 10/610,779 02/14/06
6,998,818 10/429,070 02/14/06
6,998,823 10/635,208 02/14/06
6,998,831 10/923,275 02/14/06
6,998,833 10/701,907 02/14/06
6,998,834 10/852,924 02/14/06
6,998,858 10/779,882 02/14/06
6,998,860 09/612,696 02/14/06
6,998,862 10/425,202 02/14/06
6,998,865 10/013,789 02/14/06
6,998,878 10/754,596 02/14/06
6,998,881 10/948,304 02/14/06
6,998,882 10/711,839 02/14/06
6,998,905 10/839,013 02/14/06
6,998,935 10/369,434 02/14/06
6,998,938 10/708,541 02/14/06
6,998,950 10/675,307 02/14/06
6,998,962 10/315,725 02/14/06
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 94 |
6,998,967 10/766,844 02/14/06
6,998,989 10/459,838 02/14/06
6,998,995 10/489,608 02/14/06
6,998,996 09/205,115 02/14/06
6,998,997 10/161,108 02/14/06
6,999,001 10/607,558 02/14/06
6,999,010 10/825,129 02/14/06
6,999,012 10/912,664 02/14/06
6,999,018 10/853,113 02/14/06
6,999,028 10/744,657 02/14/06
6,999,029 10/787,449 02/14/06
6,999,031 10/669,239 02/14/06
6,999,047 09/268,254 02/14/06
6,999,058 09/492,789 02/14/06
6,999,064 10/413,875 02/14/06
6,999,068 09/934,041 02/14/06
6,999,069 08/984,649 02/14/06
6,999,103 10/391,806 02/14/06
6,999,113 09/425,617 02/14/06
6,999,114 09/653,598 02/14/06
6,999,123 09/426,991 02/14/06
6,999,154 10/689,633 02/14/06
6,999,157 10/421,271 02/14/06
6,999,166 10/614,723 02/14/06
6,999,172 10/280,806 02/14/06
6,999,174 10/002,602 02/14/06
6,999,175 10/766,696 02/14/06
6,999,176 09/687,166 02/14/06
6,999,184 10/972,046 02/14/06
6,999,186 09/934,854 02/14/06
6,999,187 09/895,877 02/14/06
6,999,195 09/748,586 02/14/06
6,999,196 10/739,171 02/14/06
6,999,206 10/159,035 02/14/06
6,999,207 09/955,087 02/14/06
6,999,216 10/928,192 02/14/06
6,999,217 10/721,273 02/14/06
6,999,219 10/470,826 02/14/06
6,999,230 10/342,338 02/14/06
6,999,234 10/177,124 02/14/06
6,999,240 10/489,808 02/14/06
6,999,245 11/095,140 02/14/06
6,999,247 10/998,842 02/14/06
6,999,253 10/981,689 02/14/06
6,999,261 10/075,234 02/14/06
6,999,270 10/699,856 02/14/06
6,999,276 10/135,269 02/14/06
6,999,278 10/463,370 02/14/06
6,999,283 10/730,511 02/14/06
6,999,293 10/367,728 02/14/06
6,999,297 09/483,923 02/14/06
6,999,301 11/053,522 02/14/06
6,999,306 10/645,140 02/14/06
6,999,313 10/419,784 02/14/06
6,999,318 10/629,374 02/14/06
6,999,322 10/901,223 02/14/06
6,999,330 10/960,291 02/14/06
6,999,331 10/789,661 02/14/06
6,999,338 11/013,429 02/14/06
6,999,340 10/792,324 02/14/06
6,999,350 10/898,333 02/14/06
6,999,351 10/820,568 02/14/06
6,999,361 10/879,925 02/14/06
6,999,362 10/974,495 02/14/06
6,999,364 10/605,292 02/14/06
6,999,365 10/896,701 02/14/06
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 95 |
6,999,375 10/672,461 02/14/06
6,999,377 11/153,716 02/14/06
6,999,379 10/610,491 02/14/06
6,999,386 09/808,641 02/14/06
6,999,394 10/196,381 02/14/06
6,999,395 10/234,402 02/14/06
6,999,396 10/474,085 02/14/06
6,999,403 10/817,208 02/14/06
6,999,409 09/997,114 02/14/06
6,999,415 09/800,246 02/14/06
6,999,418 10/029,543 02/14/06
6,999,427 09/619,361 02/14/06
6,999,428 09/824,033 02/14/06
6,999,442 09/617,494 02/14/06
6,999,451 10/038,654 02/14/06
6,999,452 09/511,118 02/14/06
6,999,472 09/870,260 02/14/06
6,999,484 10/390,934 02/14/06
6,999,487 09/971,399 02/14/06
6,999,491 09/907,154 02/14/06
6,999,492 10/713,583 02/14/06
6,999,494 10/464,121 02/14/06
6,999,497 09/959,607 02/14/06
6,999,502 09/786,275 02/14/06
6,999,505 10/403,549 02/14/06
6,999,511 09/255,892 02/14/06
6,999,523 09/887,481 02/14/06
6,999,528 09/947,145 02/14/06
6,999,538 09/950,269 02/14/06
6,999,539 10/427,087 02/14/06
6,999,549 10/306,052 02/14/06
6,999,553 10/705,760 02/14/06
6,999,559 10/367,567 02/14/06
6,999,566 10/230,636 02/14/06
6,999,567 10/710,976 02/14/06
6,999,568 09/564,422 02/14/06
6,999,586 10/085,599 02/14/06
6,999,592 10/214,140 02/14/06
6,999,604 09/744,250 02/14/06
6,999,607 10/467,183 02/14/06
6,999,609 09/745,621 02/14/06
6,999,615 09/874,700 02/14/06
6,999,618 09/781,280 02/14/06
6,999,626 09/791,592 02/14/06
6,999,633 09/500,356 02/14/06
6,999,659 09/936,469 02/14/06
6,999,662 10/494,040 02/14/06
6,999,665 10/267,821 02/14/06
6,999,666 10/406,264 02/14/06
6,999,669 10/643,746 02/14/06
6,999,673 09/667,241 02/14/06
6,999,680 10/087,806 02/14/06
6,999,693 11/011,203 02/14/06
6,999,695 10/924,862 02/14/06
6,999,700 11/107,863 02/14/06
6,999,707 10/756,751 02/14/06
6,999,717 09/796,204 02/14/06
6,999,722 10/232,673 02/14/06
6,999,728 10/133,480 02/14/06
6,999,736 10/038,683 02/14/06
6,999,741 09/995,750 02/14/06
6,999,742 10/205,686 02/14/06
6,999,752 10/203,231 02/14/06
6,999,755 10/503,933 02/14/06
6,999,768 10/156,200 02/14/06
6,999,783 09/985,169 02/14/06
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 96 |
6,999,785 09/911,537 02/14/06
6,999,790 10/246,766 02/14/06
6,999,793 10/141,162 02/14/06
6,999,796 10/451,957 02/14/06
6,999,798 10/634,745 02/14/06
6,999,805 10/783,228 02/14/06
6,999,811 10/197,546 02/14/06
6,999,814 09/884,862 02/14/06
6,999,822 10/838,324 02/14/06
6,999,828 09/741,912 02/14/06
6,999,831 10/959,348 02/14/06
6,999,833 10/678,597 02/14/06
6,999,846 09/819,070 02/14/06
6,999,869 10/396,582 02/14/06
6,999,874 10/700,497 02/14/06
6,999,883 10/710,721 02/14/06
6,999,892 10/322,067 02/14/06
6,999,896 10/609,578 02/14/06
6,999,908 10/054,668 02/14/06
6,999,909 09/651,046 02/14/06
6,999,916 10/128,952 02/14/06
6,999,923 09/602,452 02/14/06
6,999,924 10/194,832 02/14/06
6,999,929 09/947,109 02/14/06
6,999,945 09/408,598 02/14/06
6,999,947 09/187,749 02/14/06
6,999,948 10/048,482 02/14/06
6,999,963 09/563,900 02/14/06
6,999,973 09/442,909 02/14/06
6,999,974 10/364,882 02/14/06
6,999,976 10/157,535 02/14/06
6,999,991 09/624,337 02/14/06
7,000,011 09/707,227 02/14/06
7,000,023 09/838,317 02/14/06
7,000,037 10/316,980 02/14/06
7,000,039 10/620,523 02/14/06
7,000,040 10/026,556 02/14/06
7,000,042 09/629,601 02/14/06
7,000,054 10/197,851 02/14/06
7,000,060 10/259,241 02/14/06
7,000,062 11/054,797 02/14/06
7,000,097 10/185,007 02/14/06
7,000,100 09/870,965 02/14/06
7,000,115 09/884,636 02/14/06
7,000,132 10/784,396 02/14/06
7,000,139 10/229,173 02/14/06
7,000,153 10/160,085 02/14/06
7,000,156 10/261,458 02/14/06
7,000,158 10/373,265 02/14/06
7,000,179 10/082,533 02/14/06
7,000,181 09/886,199 02/14/06
7,000,189 09/801,609 02/14/06
7,000,218 09/895,486 02/14/06
7,000,231 09/667,516 02/14/06
PATENTS WHICH EXPIRED ON February 16, 2014
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
Number Number Date
7,661,148 10/645,191 02/16/10
7,661,151 11/797,661 02/16/10
7,661,155 11/586,702 02/16/10
7,661,157 11/977,340 02/16/10
7,661,159 12/382,700 02/16/10
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 97 |
7,661,165 12/080,232 02/16/10
7,661,166 12/284,160 02/16/10
7,661,170 11/324,437 02/16/10
7,661,174 11/365,202 02/16/10
7,661,190 10/547,542 02/16/10
7,661,195 11/779,684 02/16/10
7,661,204 11/393,613 02/16/10
7,661,206 11/461,402 02/16/10
7,661,209 12/219,416 02/16/10
7,661,213 12/070,033 02/16/10
7,661,220 10/939,016 02/16/10
7,661,227 11/972,822 02/16/10
7,661,230 11/287,998 02/16/10
7,661,241 11/107,760 02/16/10
7,661,242 10/910,259 02/16/10
7,661,245 12/030,157 02/16/10
7,661,255 11/150,519 02/16/10
7,661,279 12/272,754 02/16/10
7,661,280 12/287,954 02/16/10
7,661,285 12/233,737 02/16/10
7,661,314 11/540,649 02/16/10
7,661,320 12/093,248 02/16/10
7,661,322 11/905,855 02/16/10
7,661,327 11/456,678 02/16/10
7,661,328 11/794,289 02/16/10
7,661,329 11/381,458 02/16/10
7,661,333 11/772,265 02/16/10
7,661,348 11/925,402 02/16/10
7,661,356 11/549,321 02/16/10
7,661,360 11/658,137 02/16/10
7,661,365 10/487,945 02/16/10
7,661,383 11/863,713 02/16/10
7,661,390 10/546,737 02/16/10
7,661,391 11/685,728 02/16/10
7,661,395 11/507,015 02/16/10
7,661,396 11/999,903 02/16/10
7,661,404 11/546,698 02/16/10
7,661,405 12/196,017 02/16/10
7,661,407 12/251,069 02/16/10
7,661,410 12/222,846 02/16/10
7,661,415 11/664,082 02/16/10
7,661,417 11/685,473 02/16/10
7,661,436 10/568,192 02/16/10
7,661,449 10/985,168 02/16/10
7,661,452 11/266,896 02/16/10
7,661,454 12/030,062 02/16/10
7,661,461 11/819,344 02/16/10
7,661,467 09/786,140 02/16/10
7,661,468 11/338,617 02/16/10
7,661,484 10/596,334 02/16/10
7,661,500 11/929,236 02/16/10
7,661,507 11/358,645 02/16/10
7,661,514 11/836,537 02/16/10
7,661,521 11/776,093 02/16/10
7,661,523 11/666,655 02/16/10
7,661,524 12/181,019 02/16/10
7,661,525 12/342,930 02/16/10
7,661,530 11/713,777 02/16/10
7,661,536 11/890,609 02/16/10
7,661,537 11/977,453 02/16/10
7,661,540 10/748,365 02/16/10
7,661,559 11/238,951 02/16/10
7,661,566 11/209,641 02/16/10
7,661,571 12/018,230 02/16/10
7,661,574 11/269,970 02/16/10
7,661,575 12/463,906 02/16/10
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 98 |
7,661,576 12/283,383 02/16/10
7,661,580 11/672,320 02/16/10
7,661,593 11/291,423 02/16/10
7,661,619 11/436,268 02/16/10
7,661,620 11/371,510 02/16/10
7,661,632 11/744,449 02/16/10
7,661,642 12/250,455 02/16/10
7,661,643 12/360,859 02/16/10
7,661,644 12/229,177 02/16/10
7,661,648 12/010,771 02/16/10
7,661,653 11/905,688 02/16/10
7,661,656 12/016,902 02/16/10
7,661,662 11/356,968 02/16/10
7,661,671 12/203,975 02/16/10
7,661,672 11/413,280 02/16/10
7,661,680 11/416,192 02/16/10
7,661,682 11/436,858 02/16/10
7,661,684 11/369,388 02/16/10
7,661,696 11/564,602 02/16/10
7,661,706 12/181,526 02/16/10
7,661,707 11/732,851 02/16/10
7,661,715 11/005,202 02/16/10
7,661,719 11/752,003 02/16/10
7,661,732 11/964,769 02/16/10
7,661,734 11/372,606 02/16/10
7,661,762 12/024,594 02/16/10
7,661,763 12/017,574 02/16/10
7,661,766 11/464,475 02/16/10
7,661,769 11/604,792 02/16/10
7,661,779 10/803,078 02/16/10
7,661,781 11/654,631 02/16/10
7,661,787 11/054,365 02/16/10
7,661,813 11/124,177 02/16/10
7,661,816 12/039,894 02/16/10
7,661,824 11/863,666 02/16/10
7,661,839 11/797,111 02/16/10
7,661,849 11/929,113 02/16/10
7,661,856 11/999,298 02/16/10
7,661,863 10/494,747 02/16/10
7,661,864 12/117,195 02/16/10
7,661,872 11/966,937 02/16/10
7,661,891 11/746,053 02/16/10
7,661,892 11/254,766 02/16/10
7,661,895 12/169,634 02/16/10
7,661,897 11/986,823 02/16/10
7,661,898 10/905,031 02/16/10
7,661,905 11/607,012 02/16/10
7,661,906 12/080,865 02/16/10
7,661,907 12/227,101 02/16/10
7,661,909 11/553,237 02/16/10
7,661,914 11/660,840 02/16/10
7,661,922 11/174,789 02/16/10
7,661,929 11/374,266 02/16/10
7,661,932 10/838,198 02/16/10
7,661,936 11/152,252 02/16/10
7,661,937 10/534,178 02/16/10
7,661,954 11/518,698 02/16/10
7,661,959 10/691,275 02/16/10
7,661,960 12/292,199 02/16/10
7,661,961 12/108,208 02/16/10
7,661,963 12/354,805 02/16/10
7,661,964 11/882,028 02/16/10
7,661,966 10/581,694 02/16/10
7,661,975 11/894,880 02/16/10
7,661,990 12/232,770 02/16/10
7,661,991 12/222,823 02/16/10
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 99 |
7,661,997 11/519,634 02/16/10
7,661,999 12/236,565 02/16/10
7,662,002 12/023,549 02/16/10
7,662,004 11/985,404 02/16/10
7,662,010 11/418,292 02/16/10
7,662,015 11/842,380 02/16/10
7,662,044 11/796,847 02/16/10
7,662,048 12/253,701 02/16/10
7,662,052 12/026,878 02/16/10
7,662,056 12/274,419 02/16/10
7,662,057 11/760,005 02/16/10
7,662,061 11/649,073 02/16/10
7,662,066 11/754,977 02/16/10
7,662,085 11/194,281 02/16/10
7,662,088 11/508,485 02/16/10
7,662,090 11/052,569 02/16/10
7,662,102 12/071,190 02/16/10
7,662,111 10/530,195 02/16/10
7,662,116 11/247,711 02/16/10
7,662,121 11/685,730 02/16/10
7,662,122 11/074,949 02/16/10
7,662,126 11/514,690 02/16/10
7,662,128 10/737,958 02/16/10
7,662,135 10/264,032 02/16/10
7,662,167 10/626,414 02/16/10
7,662,170 11/222,557 02/16/10
7,662,196 12/070,529 02/16/10
7,662,198 10/592,771 02/16/10
7,662,201 11/601,511 02/16/10
7,662,202 11/600,996 02/16/10
7,662,214 11/906,700 02/16/10
7,662,218 10/589,970 02/16/10
7,662,219 12/073,011 02/16/10
7,662,226 11/832,621 02/16/10
7,662,239 11/822,903 02/16/10
7,662,259 12/229,678 02/16/10
7,662,262 11/863,897 02/16/10
7,662,280 11/467,805 02/16/10
7,662,281 12/178,345 02/16/10
7,662,292 12/317,128 02/16/10
7,662,310 11/322,234 02/16/10
7,662,315 12/224,663 02/16/10
7,662,327 11/741,897 02/16/10
7,662,330 11/240,873 02/16/10
7,662,331 11/783,162 02/16/10
7,662,336 10/534,240 02/16/10
7,662,346 12/148,378 02/16/10
7,662,347 10/553,891 02/16/10
7,662,348 11/150,046 02/16/10
7,662,351 10/540,071 02/16/10
7,662,355 11/791,619 02/16/10
7,662,360 10/521,814 02/16/10
7,662,361 11/346,405 02/16/10
7,662,368 11/494,583 02/16/10
7,662,370 11/471,788 02/16/10
7,662,371 10/491,291 02/16/10
7,662,373 11/654,361 02/16/10
7,662,380 10/542,664 02/16/10
7,662,383 12/068,545 02/16/10
7,662,389 11/615,454 02/16/10
7,662,402 10/584,402 02/16/10
7,662,412 11/989,002 02/16/10
7,662,418 10/397,215 02/16/10
7,662,422 11/100,099 02/16/10
7,662,429 09/782,169 02/16/10
7,662,430 11/223,212 02/16/10
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 100 |
7,662,438 10/536,872 02/16/10
7,662,446 10/497,487 02/16/10
7,662,464 11/730,772 02/16/10
7,662,465 11/426,535 02/16/10
7,662,470 10/924,031 02/16/10
7,662,473 11/896,445 02/16/10
7,662,516 11/146,350 02/16/10
7,662,525 11/729,622 02/16/10
7,662,528 11/356,151 02/16/10
7,662,535 11/611,208 02/16/10
7,662,541 11/667,888 02/16/10
7,662,542 11/342,048 02/16/10
7,662,543 11/350,080 02/16/10
7,662,544 11/111,998 02/16/10
7,662,546 11/304,549 02/16/10
7,662,549 09/699,243 02/16/10
7,662,557 10/803,653 02/16/10
7,662,562 11/197,594 02/16/10
7,662,568 12/399,060 02/16/10
7,662,571 11/486,741 02/16/10
7,662,574 11/701,719 02/16/10
7,662,580 11/595,298 02/16/10
7,662,581 11/018,091 02/16/10
7,662,583 10/558,220 02/16/10
7,662,587 12/398,358 02/16/10
7,662,592 11/782,223 02/16/10
7,662,603 11/949,874 02/16/10
7,662,605 12/053,831 02/16/10
7,662,608 10/486,415 02/16/10
7,662,610 11/622,259 02/16/10
7,662,612 10/275,783 02/16/10
7,662,617 12/419,891 02/16/10
7,662,619 10/416,979 02/16/10
7,662,623 11/977,787 02/16/10
7,662,625 10/520,502 02/16/10
7,662,640 11/663,632 02/16/10
7,662,641 11/549,237 02/16/10
7,662,642 10/681,388 02/16/10
7,662,644 11/673,909 02/16/10
7,662,684 11/364,484 02/16/10
7,662,691 11/872,023 02/16/10
7,662,692 11/870,543 02/16/10
7,662,697 11/416,738 02/16/10
7,662,714 11/321,592 02/16/10
7,662,718 11/372,825 02/16/10
7,662,719 11/484,957 02/16/10
7,662,724 11/456,371 02/16/10
7,662,760 12/185,516 02/16/10
7,662,761 11/140,864 02/16/10
7,662,764 11/692,311 02/16/10
7,662,767 10/496,909 02/16/10
7,662,773 10/723,933 02/16/10
7,662,774 10/891,493 02/16/10
7,662,782 11/319,584 02/16/10
7,662,784 11/289,800 02/16/10
7,662,792 10/280,274 02/16/10
7,662,799 12/168,566 02/16/10
7,662,805 11/003,780 02/16/10
7,662,808 10/586,836 02/16/10
7,662,809 11/666,583 02/16/10
7,662,812 11/884,350 02/16/10
7,662,814 10/542,940 02/16/10
7,662,820 11/981,398 02/16/10
7,662,821 10/962,169 02/16/10
7,662,826 10/511,840 02/16/10
7,662,831 11/828,525 02/16/10
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 101 |
7,662,833 11/912,325 02/16/10
7,662,839 11/950,613 02/16/10
7,662,844 10/889,520 02/16/10
7,662,845 11/500,207 02/16/10
7,662,846 10/551,933 02/16/10
7,662,849 10/559,405 02/16/10
7,662,854 11/518,157 02/16/10
7,662,860 11/293,847 02/16/10
7,662,861 11/700,069 02/16/10
7,662,862 12/471,128 02/16/10
7,662,866 10/517,226 02/16/10
7,662,871 10/510,279 02/16/10
7,662,876 10/583,206 02/16/10
7,662,877 11/485,753 02/16/10
7,662,883 11/617,342 02/16/10
7,662,892 11/628,183 02/16/10
7,662,894 11/641,160 02/16/10
7,662,900 12/089,539 02/16/10
7,662,913 11/641,273 02/16/10
7,662,921 11/578,391 02/16/10
7,662,924 11/267,986 02/16/10
7,662,939 10/048,709 02/16/10
7,662,947 10/590,490 02/16/10
7,662,955 10/548,888 02/16/10
7,662,957 12/373,922 02/16/10
7,662,977 11/962,612 02/16/10
7,662,982 11/391,154 02/16/10
7,662,989 11/649,000 02/16/10
7,662,993 11/591,828 02/16/10
7,662,997 11/792,586 02/16/10
7,662,998 11/667,122 02/16/10
7,662,999 11/693,941 02/16/10
7,663,007 11/988,259 02/16/10
7,663,009 11/274,990 02/16/10
7,663,027 11/298,391 02/16/10
7,663,044 10/649,874 02/16/10
7,663,048 11/433,899 02/16/10
7,663,058 11/342,350 02/16/10
7,663,071 12/037,250 02/16/10
7,663,072 10/425,769 02/16/10
7,663,079 12/350,415 02/16/10
7,663,081 12/094,985 02/16/10
7,663,098 11/704,351 02/16/10
7,663,100 11/742,693 02/16/10
7,663,111 11/729,140 02/16/10
7,663,112 12/219,734 02/16/10
7,663,113 10/546,698 02/16/10
7,663,126 12/193,319 02/16/10
7,663,144 11/347,215 02/16/10
7,663,153 12/011,304 02/16/10
7,663,157 11/698,737 02/16/10
7,663,169 10/550,682 02/16/10
7,663,178 11/850,978 02/16/10
7,663,188 11/866,950 02/16/10
7,663,190 12/049,992 02/16/10
7,663,200 11/073,726 02/16/10
7,663,204 11/790,826 02/16/10
7,663,209 11/453,898 02/16/10
7,663,220 10/597,136 02/16/10
7,663,233 11/678,114 02/16/10
7,663,236 11/539,448 02/16/10
7,663,243 11/478,600 02/16/10
7,663,250 12/230,793 02/16/10
7,663,262 11/709,320 02/16/10
7,663,265 10/346,650 02/16/10
7,663,274 11/162,733 02/16/10
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 102 |
7,663,280 11/912,948 02/16/10
7,663,308 11/504,656 02/16/10
7,663,317 11/715,988 02/16/10
7,663,321 10/565,200 02/16/10
7,663,327 11/434,835 02/16/10
7,663,331 11/791,779 02/16/10
7,663,340 11/695,529 02/16/10
7,663,343 11/449,728 02/16/10
7,663,347 11/407,218 02/16/10
7,663,399 11/172,906 02/16/10
7,663,420 11/936,214 02/16/10
7,663,440 11/985,970 02/16/10
7,663,452 11/846,571 02/16/10
7,663,468 10/541,733 02/16/10
7,663,471 11/797,422 02/16/10
7,663,475 11/527,534 02/16/10
7,663,478 11/876,786 02/16/10
7,663,482 12/001,177 02/16/10
7,663,483 11/955,682 02/16/10
7,663,484 11/708,366 02/16/10
7,663,493 11/591,378 02/16/10
7,663,502 10/940,881 02/16/10
7,663,504 11/298,060 02/16/10
7,663,508 11/808,455 02/16/10
7,663,514 12/178,310 02/16/10
7,663,528 12/051,892 02/16/10
7,663,538 11/579,038 02/16/10
7,663,544 11/917,814 02/16/10
7,663,582 10/739,809 02/16/10
7,663,584 11/327,525 02/16/10
7,663,590 11/432,534 02/16/10
7,663,618 11/283,292 02/16/10
7,663,626 11/364,969 02/16/10
7,663,642 11/329,198 02/16/10
7,663,650 11/447,848 02/16/10
7,663,669 11/609,481 02/16/10
7,663,682 11/527,393 02/16/10
7,663,684 10/806,120 02/16/10
7,663,687 11/178,093 02/16/10
7,663,690 11/245,033 02/16/10
7,663,692 11/879,293 02/16/10
7,663,699 11/599,466 02/16/10
7,663,707 11/940,559 02/16/10
7,663,732 11/378,769 02/16/10
7,663,733 10/526,131 02/16/10
7,663,743 11/749,340 02/16/10
7,663,775 12/234,683 02/16/10
7,663,776 11/210,733 02/16/10
7,663,780 10/932,044 02/16/10
7,663,789 11/041,610 02/16/10
7,663,822 11/815,830 02/16/10
7,663,825 11/886,654 02/16/10
7,663,827 11/699,436 02/16/10
7,663,829 11/878,871 02/16/10
7,663,831 10/579,541 02/16/10
7,663,838 11/659,118 02/16/10
7,663,843 11/263,998 02/16/10
7,663,859 11/735,610 02/16/10
7,663,861 12/331,707 02/16/10
7,663,863 11/943,061 02/16/10
7,663,868 11/515,050 02/16/10
7,663,873 11/556,194 02/16/10
7,663,876 12/076,596 02/16/10
7,663,877 11/484,697 02/16/10
7,663,878 11/388,589 02/16/10
7,663,880 11/964,862 02/16/10
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 103 |
7,663,893 11/976,041 02/16/10
7,663,917 10/560,677 02/16/10
7,663,918 11/292,430 02/16/10
7,663,922 11/764,352 02/16/10
7,663,931 11/819,806 02/16/10
7,663,940 12/005,901 02/16/10
7,663,942 11/946,390 02/16/10
7,663,943 12/005,964 02/16/10
7,663,951 11/647,393 02/16/10
7,663,981 12/318,213 02/16/10
7,663,994 11/340,563 02/16/10
7,663,995 11/064,936 02/16/10
7,663,996 10/838,546 02/16/10
7,663,998 10/556,725 02/16/10
7,664,001 11/337,675 02/16/10
7,664,006 11/107,016 02/16/10
7,664,021 11/289,418 02/16/10
7,664,033 11/240,897 02/16/10
7,664,038 11/343,361 02/16/10
7,664,039 11/343,362 02/16/10
7,664,042 10/779,401 02/16/10
7,664,055 11/084,991 02/16/10
7,664,068 12/171,332 02/16/10
7,664,071 11/287,814 02/16/10
7,664,081 11/018,353 02/16/10
7,664,086 11/517,519 02/16/10
7,664,112 11/649,839 02/16/10
7,664,117 11/669,340 02/16/10
7,664,126 10/522,748 02/16/10
7,664,141 10/583,754 02/16/10
7,664,145 10/565,906 02/16/10
7,664,154 11/587,304 02/16/10
7,664,156 11/364,053 02/16/10
7,664,157 11/391,262 02/16/10
7,664,160 10/580,540 02/16/10
7,664,208 11/481,064 02/16/10
7,664,220 11/779,002 02/16/10
7,664,227 11/801,782 02/16/10
7,664,241 11/136,004 02/16/10
7,664,248 10/725,956 02/16/10
7,664,251 10/946,358 02/16/10
7,664,255 11/786,819 02/16/10
7,664,261 10/575,482 02/16/10
7,664,262 12/240,668 02/16/10
7,664,278 11/304,513 02/16/10
7,664,280 11/138,177 02/16/10
7,664,289 10/971,463 02/16/10
7,664,329 11/366,318 02/16/10
7,664,339 11/120,607 02/16/10
7,664,353 10/544,686 02/16/10
7,664,359 12/409,597 02/16/10
7,664,403 11/683,210 02/16/10
7,664,412 10/585,177 02/16/10
7,664,415 11/937,101 02/16/10
7,664,431 11/237,781 02/16/10
7,664,438 11/472,872 02/16/10
7,664,446 10/438,938 02/16/10
7,664,475 11/218,554 02/16/10
7,664,511 11/302,311 02/16/10
7,664,521 11/059,822 02/16/10
7,664,524 11/049,424 02/16/10
7,664,540 11/377,345 02/16/10
7,664,543 10/133,054 02/16/10
7,664,549 11/125,501 02/16/10
7,664,554 10/597,285 02/16/10
7,664,580 11/581,907 02/16/10
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 104 |
7,664,586 11/843,462 02/16/10
7,664,593 11/576,695 02/16/10
7,664,595 11/938,967 02/16/10
7,664,598 10/593,722 02/16/10
7,664,602 11/678,306 02/16/10
7,664,603 11/547,379 02/16/10
7,664,612 11/930,160 02/16/10
7,664,617 12/250,769 02/16/10
7,664,640 10/509,527 02/16/10
7,664,649 11/697,164 02/16/10
7,664,671 11/001,455 02/16/10
7,664,713 11/618,882 02/16/10
7,664,715 11/628,323 02/16/10
7,664,716 11/789,312 02/16/10
7,664,727 10/570,822 02/16/10
7,664,738 11/275,062 02/16/10
7,664,743 11/788,482 02/16/10
7,664,747 11/563,628 02/16/10
7,664,748 10/895,330 02/16/10
7,664,775 11/490,263 02/16/10
7,664,782 11/869,795 02/16/10
7,664,800 11/655,923 02/16/10
7,664,801 12/143,396 02/16/10
7,664,806 10/830,285 02/16/10
7,664,812 10/685,558 02/16/10
7,664,815 10/923,093 02/16/10
7,664,841 11/296,624 02/16/10
7,664,875 11/385,103 02/16/10
7,664,899 12/110,786 02/16/10
7,664,912 11/711,881 02/16/10
7,664,919 11/445,756 02/16/10
7,664,927 11/393,014 02/16/10
7,664,935 12/046,318 02/16/10
7,664,938 11/675,618 02/16/10
7,664,952 10/685,399 02/16/10
7,664,961 11/224,889 02/16/10
7,664,962 11/276,732 02/16/10
7,664,976 11/278,150 02/16/10
7,664,992 11/260,088 02/16/10
7,664,995 11/461,330 02/16/10
7,664,998 10/481,976 02/16/10
7,665,013 11/317,345 02/16/10
7,665,018 11/212,011 02/16/10
7,665,019 10/672,362 02/16/10
7,665,047 11/539,671 02/16/10
7,665,048 11/612,439 02/16/10
7,665,062 10/711,148 02/16/10
7,665,095 10/853,344 02/16/10
7,665,099 11/307,074 02/16/10
7,665,103 11/525,043 02/16/10
7,665,112 10/954,717 02/16/10
7,665,124 11/326,449 02/16/10
| Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 03/10/2014 |
Patents Reinstated Due to the Acceptance of a
Late Maintenance Fee from 03/10/2014
Patent Application Filing Issue Granted
Number Number Date Date Date
6,042,520 09/031,029 02/26/1998 03/28/2000 03/10/2014
6,045,487 09/016,659 01/30/1998 04/04/2000 03/10/2014
6,151,313 08/870,298 06/06/1997 11/21/2000 03/10/2014
6,152,286 09/255,249 02/22/1999 11/28/2000 03/13/2014
6,153,004 09/465,389 12/17/1999 11/28/2000 03/13/2014
6,179,375 09/263,991 03/05/1999 01/30/2001 03/12/2014
6,271,614 09/440,151 11/15/1999 08/07/2001 03/10/2014
6,279,631 09/340,120 06/28/1999 08/28/2001 03/10/2014
6,287,426 09/392,700 09/09/1999 09/11/2001 03/14/2014
6,288,045 09/591,701 06/09/2000 09/11/2001 03/10/2014
6,349,266 09/322,366 05/28/1999 02/19/2002 03/13/2014
6,350,110 09/540,485 03/31/2000 02/26/2002 03/11/2014
6,438,889 09/779,997 02/09/2001 08/27/2002 03/13/2014
6,719,366 10/126,276 04/19/2002 04/13/2004 03/12/2014
6,823,965 09/997,363 11/30/2001 11/30/2004 03/13/2014
6,870,479 10/306,961 11/29/2002 03/22/2005 03/10/2014
6,918,219 10/455,763 06/05/2003 07/19/2005 03/10/2014
6,960,472 10/359,046 02/04/2003 11/01/2005 03/10/2014
6,986,821 10/277,590 10/21/2002 01/17/2006 03/13/2014
6,999,792 10/247,661 09/19/2002 02/14/2006 03/16/2014
7,194,832 10/776,175 02/12/2004 03/27/2007 03/10/2014
7,252,121 11/111,234 04/21/2005 08/07/2007 03/10/2014
7,263,896 10/996,146 11/23/2004 09/04/2007 03/10/2014
7,277,267 11/432,893 05/12/2006 10/02/2007 03/10/2014
7,320,266 11/591,055 11/02/2006 01/22/2008 03/10/2014
7,343,424 10/506,596 09/03/2004 03/11/2008 03/11/2014
7,363,743 11/000,229 11/30/2004 04/29/2008 03/13/2014
7,401,937 11/243,208 10/03/2005 07/22/2008 03/10/2014
7,465,318 11/105,783 04/14/2005 12/16/2008 03/10/2014
7,498,049 11/619,471 01/03/2007 03/03/2009 03/11/2014
7,507,369 11/050,651 02/04/2005 03/24/2009 03/10/2014
7,527,314 11/557,018 11/06/2006 05/05/2009 03/14/2014
7,528,323 11/588,267 10/27/2006 05/05/2009 03/10/2014
7,593,935 11/550,975 10/19/2006 09/22/2009 03/12/2014
7,610,219 11/059,082 02/16/2005 10/27/2009 03/10/2014
7,611,424 11/673,802 02/12/2007 11/03/2009 03/12/2014
7,614,769 11/986,590 11/23/2007 11/10/2009 03/10/2014
7,644,845 11/057,073 02/11/2005 01/12/2010 03/13/2014
7,649,327 11/506,709 08/18/2006 01/19/2010 03/10/2014
7,658,324 12/024,552 02/01/2008 02/09/2010 03/12/2014
RE. 43,581 13/177,897 07/07/2011 08/14/2012 03/10/2014
| 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).
D. 652,581, Re. S.N.: 29/479,598, Jan. 17 2014, Cl.: D30/000,
DOG HARNESS, Alecia B. Evans, Owner of Record: Inventor, Attorney or
Agent: Margaret Polson, Ex. Gp.: 2914
6,168,626, Re. S.N.: 14,184,559, Feb. 19, 2014, CL: 623, ULTRA HIGH
MOLECULAR WEIGHT POLYETHYLENE MOLDED ARTICLE FOR ARTIFICIAL JOINTS AND
METHOD OF PREPARING THE SAME, Suong-Hyu HYON, et. al., Owner of Record:
BMG Incorporated, Attorney or Agent: David L. Suter, Ex. GP.: 3738
6,638,335, Re. S.N.: 14,187,559, Feb. 24, 2014, CL: 075, HIGHLY
COMPACTABLE IRON POWDER, Yukiko OZAKI, et. al., Owner of Record: Yukiko
Ozaki, Attorney or Agent: T. Daniel Christenbury, Ex. GP.: 1742
6,783,862, Re. S.N. 13/968,334, Aug. 15, 2013, Cl. 428/447, METHOD AND
SYSTEM OF REAL VIDEO GAMING, Dan Morgan et, al., Owner of Record:
REAL VIDEO GAMING, Attorney or Agent: Stephen J. LeBlanc, Ex. Gp.: 1712
7,184,305, Re. S.N.: 14,184,305, Feb. 19, 2014, CL: 514, LIQUID
PHARMACEUTICAL FORMULATIONS OF PALONOSETRON, Georgio Calderari,et. al.,
Owner of Record: Helsinn Healthcare S.A., Roche Palo Alto LLC, Attorney or
Agent: Clark G. Sullivan, Ex. GP.: 1628
7,412,205, Re. S.N. 13,936,632, Jul. 08, 2013, Cl. 455, TWO CHANNEL
COMMUNICATION SYSTEM USING RDS DATASTREAM BROADCASTING, Jyrki Jarvi, et al,
Owner of Record: Nokia Corporation, Espoo, Finland, Attorney or Agent:
Michael Cuviello, Ex. Gp.: 2617
7,574,037, Re. S.N.: 14,091,410, Nov. 27, 2013, CL: 382, DEVICE AND
METHOD FOR DETECTING OBJECT AND EVICE AND METHOD FOR GROUP LEARNING,
Young Dae HIDAI, et. al., Owner of Record: Sony Corporation, Attorney or
Agent: William S. Frommer, Ex. GP.: 2624
7,656,564, Re. S.N. 14/060,429, Oct. 22, 2013, Cl. 358/003, APPARATUS
AND METHOD FOR COMPENSATING FOR PIXEL DISTORTION IN REPRODUCTION OF
HOLOGRAM DATA, Pil-Sang Yoon et. al, Owner of Record: MAPLE VISION
TECHNOLOGIES INC, Attorney or Agent: Robert S. Babayi, Ex. Gp.: 2625
7,913,496, Re. S.N. 14/011,480, Aug. 27, 2013, Cl. 062/050, APPARATUS
AND METHOD FOR PUMPING A CRYOGENIC FLUID FROM A STORAGE VESSEL AND
DIAGNOSING CRYOGENIC PUMP PERFORMANCE, Greg Batenburg et. al, Owner of
Record: WESTPORT POWER INC., Attorney or Agent: Robert W. Fieseler,
Ex. Gp.: 3744
7,915,402, Re. S.N.: 14/080,267, Nov. 14, 2013, Cl.: 514/351,
ANTIOXIDANT INFLAMMATION MODULATORS: OLEANOLIC ACID DERIVATIVES WITH
SATURATION IN THE C-RING, Eric Anderson, et. al., Owner of Record:
Reata Pharmaceuticals, Inc, Attorney or Agent: Mark H. Voges, Ex. Gp.: 1629
7,973,166, Re. S.N.: 14,201,684, Mar. 07, 2014, CL: 546,
N-(2-AMINOPHENYL)-4-[N-(PYRIDINE-3-YL)-METHOXYCARBONYL-AMINOMETHYL]-
BENZAMIDE (MS-275) POLYMORPH B, Mathias Schneider, et. al., Owner of
Record: Bayer Intellectual Property GMBH, Attorney or Agent: Samir
Elamrani, Ex. GP.: 1625
7,982,879, Re. S.N.: 14,184,537, Feb. 19, 2014, CL: 356, METHOD AND
SYSTEMS FOR PERFORMING ANGLE-RESOLVED FOURIER-DOMAIN OPTICAL COHERENCE
TOMOGRAPHY, Adrian E. DESJARDINS, Owner of Record: General Hospital
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 107 |
Corporation, Attorney or Agent: Gary Abelev, Ex. GP.: 2877
7,983,645, Re. S.N. 13/946,104, Jul. 19, 2013, Cl. 455/273, METHOD AND
DEVICE FOR RADIO RECEPTION USING A PLURALITY OF ANTENNAS, Frederic Broyde
et, al., Owner of Record: APPLE INC., Attorney or Agent: Ross L. Franks,
Ex. Gp.: 2816
7,995,158, Re. S.N. 14,207,780, Mar. 13, 2014, Cl. 349, LIQUID CRYSTAL
DISPLAY APPARATUS, Kiyohiro Kimura, et al, Owner of Record: Sony
Corporation, Tokyo, Japan, Attorney or Agent: Robert M. Abrahamsen,
Ex. Gp.: 2871
8,018,246, Re. S.N.: 14,025,375, Sep. 12, 2013, Cl.: 326/000,
SEMICONDUCTOR DEVICE, Nakaba Kaiwa, et. al., Owner of Record: Elpida
Memory, Inc, Attorney or Agent: Jeffrey R. Snay, Ex. Gp.: 2819
8,035,432, Re. S.N. 14/049,035, Oct. 08, 2013, Cl. 327/158, DLL CIRCUIT
AND CONTROL METHOD THEREOF, Hiroki Takahashi et. al, Owner of Record:
ELPIDA MEMORY, INC., Attorney or Agent: Carl J. Pellegrini, Ex. Gp.: 2842
8,044,932, Re. S.N.: 13,906,084, May 30, 2013, CL: 455, METHOD OF
CONTROLLING POINTER IN MOBILE TERMINAL HAVING POINTING DEVICE, Dong Seok
RYU, et. al., Owner of Record: Samsung Electronics Col, Ltd., Attorney or
Agent: James A. Gromada, Ex. GP.: 2642
8,061,956, Re. S.N.: 13,998,645, Nov. 20, 2013, CL: 414, SKID STEER BALE
SPEAR, Thomas I. BURENGA, Owner of Record: Thomas I Burenga, Attorney or
Agent: Paul M. Denk, Ex. GP.: 3652
8,062,979, Re. S.N.: 14/068,785, Oct. 31, 2013, Cl.: 438/000,
SEMICONDUCTOR DEVICE MANUFACTURING METHOD HAVING HIGH ASPECT RATIO
INSULATING FILM, Toshiyuki Hirota, Owner of Record: Elpida Memory, Inc,
Attorney or Agent: Eric Jensen, Ex. Gp.: 1713
8,072,069, Re. S.N.: 14/096,693, Dec. 04, 2013, Cl.: 257/778,
SEMICONDUCTOR DEVICE AND METHOD OF MANUFACTURING A SEMICONDUCTOR DEVICE,
Seiya Fujii, Owner of Record: Elpida Memory, Inc., Attorney or Agent:
Eric Jensen, Ex. Gp.: 2811
8,102,800, Re. S.N.: 14,163,909, Jan. 24, 2014, CL: 370, DISCONTINUOUSLY
TRANSMITTING AND RECEIVING MULTIMEDIA BROADCAST MULTICAST SERVICE DATA IN
MOBILE COMMUNICATION SYSTEM, Young Dae LEE, et. al., Owner of Record:
LG Electronics, Inc., Attorney or Agent: Norman T. Lee, Ex. GP.: 2618
8,108,414, Re. S.N. 14/168,892, Jan. 30, 2014, Cl. 707/758, DYNAMIC
LOCATION-BASED SOCIAL NETWORKING, David Stackpolel, Owner of Record:
INVENTOR, Attorney or Agent: Yalei Sun, Ex. Gp.: 2165
8,114,439, Re. S.N. 14/180,104, Feb. 13, 2014, Cl. 424/490, SYNTHETIC
PEPTIDES REDUCING OR REMOVING BAGS FORMED UNDER THE LOWER EYE CONTOUR AND
THEIR USE IN COSMETIC OR DERMOPHARMACEUTICAL COMPOSITIONS, Arturo Puig
Montiel, et al., Owner of Record: LIPOTEC S.A., Gava, ES, Attorney or
Agent: Ann M. Skerry, Ex. Gp.: 1615
8,123,992, Re. S.N.: 14,183,925, Feb. 19, 2014, CL: 264, PROCESS OF
FORMING MULTILAYERED STRUCTURES, Willem Kools, Owner of Record: EMD
Milipore Corporation, Attorney or Agent: Michael L. Goldman, Ex. GP.:
1777
8,124,656, Re. S.N.: 14/080,414, Nov. 14, 2013, Cl.: 514/419,
ANTIOXIDANT INFLAMMATION MODULATORS: OLEANOLIC ACID DERIVATIVES WITH
SATURATION IN THE C-RING, Eric Anderson, et. al., Owner of Record:
Reata Pharmaceuticals, Inc, Attorney or Agent: Mark H. Voges, Ex. Gp.:
1629
8,126,163, Re. S.N. 14/146,490, Jan. 02, 2014, Cl. 391/098, VOLUME AND
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 108 |
TONE CONTROL IN DIRECT DIGITAL SPEAKERS, Yuval Cohen, et al., Owner of
Record: AUDIO PIXELS LTD., Tel Aviv, IL, Attorney or Agent: David J.
Zibelli, Ex. Gp.: 2614
8,135,095, Re. S.N. 14,206,939, Mar. 12, 2014, Cl. 375, ENHANCED VSB
VITERBI DECODER, In Hwan Choi, et al, Owner of Record: LG ELECTRONIC INC.,
Seoul, Korea, Attorney or Agent: Norman T. Lee, Ex. Gp.: 2611
8,152,987, Re. S.N. 14/152,987, Jan. 10, 2014, Cl. 606/086, MAGNETIC
TARGETING SYSTEM AND METHOD OF USING THE SAME, Wyatt Drake Geist, et al.,
Owner of Record: NuVasive, Inc., San Diego, CA, Attorney or Agent:
Rory Schermerhorn, Ex. Gp.: 3733
8,204,752, Re. S.N.: 14,186,663, Feb. 21, 2014, CL: 704, PORTABLE
TRANSLATION APPARATUS, Michael D. CRANFORD, Owner of Record: Michael D.
Cranford, Attorney or Agent: Susan M. Oiler, Ex. GP.: 2626
8,262,041, Re. S.N. 14/024,236, Sep. 11, 2013, Cl. 248/694,
TOOL-LESS INSTALLATION SYSTEM AND METHOD OF U-MOUNTED DEVICES,
Joseph H. Bergesch, Owner of Record: SCHNEIDER ELECTRIC IT CORPORATION,
Attorney or Agent: Keith F. Noe, Ex. Gp.: 3632
8,413,292, Re. S.N.: 14,091,356, Nov. 27, 2013, CL: 015, WINDSHIELD
WIPER ASSEMBLY STRUCTURE FOR PREVENTING LOOSE ATTACHMENT OF DRIVEN WIPER
ARM, Chih-Ming YANG, Owner of Record: Danyang UPC Auto Parts Co., LTD.,
Attorney or Agent: Jimmy Shih, Ex. GP.: 3727
8,454,221, Re. S.N.: 14,199,360, Mar. 06, 2014, CL: 362, LIGHTING UNIT,
LIQUID CRYSTAL DISPLAY, AND ELECTRONIC APPARATUS, Nobutaka URANO, et. al.,
Owner of Record: Seiko Epson Corporation, Attorney or Agent: Scott M.
Schulte, Ex. GP.: 2875
8,540,488, Re. S.N. 14/190,529, Feb. 26, 2014, Cl. 416/134, TURBINE
BLADE DAMPING DEVICE WITH CONTROLLED LOADING, John J. Marra et. al.,
Owner of Record: SIEMENS ENERGY, INC., Attorney or Agent: Michael D.
Folkerts, Ex. Gp.: 3745
| Requests for Ex Parte Reexamination Filed |
Requests for Ex Parte Reexamination Filed
RE. 41,922, Reexam. C.N. 90/013,146, Requested Date: Feb. 5, 2014,
Cl. 715/803, Title: METHOD AND APPARATUS FOR PROVIDING TRANSLUCENT IMAGES
ON A COMPUTER DISPLAY, Inventor: Michael L. Gough et al., Owners of
Record: Apple, Inc., Cupertino, CA, Attorney or Agent: Morrison & Foerster,
LLP., San Francisco, CA, Ex. Gp.: 3992, Requester: Scott A. McKeown, Oblon
Spivak McClelland Maier & Neustadt, LLP., Alexandria, VA
6,174,237, Reexam. C.N. 90/013,148, Requested Date: Feb. 10, 2014,
Cl. 463/042, Title: METHOD FOR A GAME OF SKILL TOURNAMENT, Inventor:
John H. Stephenson, Owners of Record: John H. Stephenson, Tulsa, OK,
Attorney or Agent: Merchant & Gould, PC., Minneapolis, MN, Ex. Gp.: 3993,
Requester: PATENT OWNER
6,435,450, Reexam. C.N. 90/013,118, Requested Date: Feb. 5, 2014,
Cl. 242/594, Title: MULTI-COMPARTMENT PARALLELING REEL HAVING INDEPENDENT
COMPARTMENTS, Inventor: John Shields et al., Owners of Record: SasCo,
Fullerton, CA, Attorney or Agent: Blakely Sokoloff Taylor & Zafman,
Sunnyvale, CA, Ex. Gp.: 3993, Requester: Weber Electric Manufacturing Co.,
John E. Nemazi, Brooks Kushman, PC., Southfield, MI
6,537,227, Reexam. C.N. 90/013,140, Requested Date: Jan. 29, 2014,
Cl. 600/500, Title: METHOD AND EQUIPMENT FOR HUMAN-RELATED MEASURING,
Inventor: Hannu Kinnunen et al., Owners of Record: Polar Electro Oy,
Finland, Attorney or Agent: Hoffmann & Baron, LLP., Syosset, NY,
Ex. Gp.: 3993, Requester: Terence P. O'Brien, Amer Sports Winter &
Outdoor Co., Chicago, IL
6,905,353, Reexam. C.N. 90/013,151, Requested Date: Feb. 12, 2014,
Cl. 439/135, Title: ELECTRICAL CONNECTOR ASSEMBLY WITH PICK UP CAP
PROTECTING CONTACTS, Inventer: Hao-Yun Ma et al., Owners of Record:
Hon Hai Precision Ind., Co., Ltd., Taiwan, Attorney or Agent: Jones Day,
Cleveland, OH, Ex. Gp.: 3992, Requester: William F. Ahmann, Sheppard Mullin
Richter & Hampton, LLP., Palo Alto, CA
7,339,914, Reexam. C.N. 90/013,153, Requested Date: Feb. 20, 2014,
Cl. 370/338, Title: AUTOMATED SNIFFER APPARATUS AND METHOD FOR MONITORING
COMPUTER SYSTEMS FOR UNAUTHORIZED ACCESS, Inventor: Pravin Bhagwat et al.,
Owners of Record: AirTight Networks, Inc., Mountain View, CA, Attorney or
Agent: Pepper Hamilton, LLP., Pittsburg, PA, Ex. Gp.: 3992, Requester:
William F. Ahmann, Sheppard Mullin Richter & Hampton, LLP., Palo Alto, CA
8,079,086, Reexam. C.N. 90/013,147, Requested Date: Feb. 7, 2014,
Cl. 726/004, Title: MALICIOUS MOBILE CODE RUNTIME MONITORING SYSTEM AND
METHODS, Inventor: Yigal Mordechai Edery et al., Owners of Record: Finjan,
Inc., San Jose, CA, Attorney or Agent: Bey & Cotropia, PLLC., Richmond, VA,
Ex. Gp.: 3992, Requester: Ryan W. Cobb, DLA Piper, San Diego, CA
8,177,151, Reexam. C.N. 90/013,145, Requested Date: Feb. 3, 2014,
Cl. 241/022, Title: SEPARATION OF MATERIALS COMPRISING SUPER ABSORBENT
POLYMERS USING REDUCED WATER, Inventor: David B. Grimes, Owners of Record:
Knowaste International, LLC., Canada, Attorney or Agent: Reed Smith, LLP.,
Philadelphia, PA, Ex. Gp.: 3993, Requester: Zak Megeed, Squire Sanders,
LLP., San Francisco, CA
8,308,963, Reexam. C.N. 90/013,150, Requested Date: Feb. 11, 2014,
Cl. 216/017, Title: ETCHANT FOR ETCHING METAL WIRING LAYERS AND METHOD FOR
FORMING THIN FILM TRANSISTOR BY USING THE SAME, Inventor: Gee Sung Chae et
al., Owners of Record: LG Display Co., LTD., Korea, Attorney or Agent:
McKenna Long & Aldridge, LLP., Washington, DC, Ex. Gp.: 3991, Requester:
Vincent K. Shier, Oblon Spivak McClelland Maier & Neustadt, LLP.,
Alexandria, VA
| 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
March 14, 2014
DUE TO FAILURE TO RENEW
Reg. Number Serial Number Reg. Date
1,786,513 74/176,916 08/10/1993
3,275,296 79/001,633 08/07/2007
3,275,298 79/007,066 08/07/2007
3,275,299 79/007,193 08/07/2007
3,275,300 79/007,956 08/07/2007
3,275,301 79/008,620 08/07/2007
3,275,304 79/010,940 08/07/2007
3,275,308 79/011,675 08/07/2007
3,275,310 79/012,342 08/07/2007
3,275,314 79/012,627 08/07/2007
3,275,315 79/013,069 08/07/2007
3,174,310 79/013,985 11/21/2006
3,275,316 79/013,987 08/07/2007
3,275,317 79/014,503 08/07/2007
3,275,321 79/015,639 08/07/2007
3,275,322 79/015,909 08/07/2007
3,275,323 79/015,953 08/07/2007
3,275,324 79/016,176 08/07/2007
3,275,329 79/017,005 08/07/2007
3,275,330 79/017,480 08/07/2007
3,275,334 79/017,601 08/07/2007
3,275,335 79/017,603 08/07/2007
3,275,336 79/017,826 08/07/2007
3,275,337 79/017,828 08/07/2007
3,275,338 79/017,924 08/07/2007
3,275,343 79/019,109 08/07/2007
3,275,344 79/019,244 08/07/2007
3,275,345 79/019,298 08/07/2007
3,275,346 79/019,477 08/07/2007
3,275,348 79/019,523 08/07/2007
3,275,349 79/019,572 08/07/2007
3,275,350 79/019,724 08/07/2007
3,275,354 79/020,146 08/07/2007
3,275,356 79/020,330 08/07/2007
3,275,358 79/020,542 08/07/2007
3,275,359 79/020,577 08/07/2007
3,275,360 79/020,650 08/07/2007
3,275,361 79/020,927 08/07/2007
3,275,364 79/021,201 08/07/2007
3,275,369 79/021,494 08/07/2007
3,275,370 79/021,506 08/07/2007
3,275,371 79/021,895 08/07/2007
3,275,372 79/021,933 08/07/2007
3,275,375 79/022,023 08/07/2007
3,275,376 79/022,033 08/07/2007
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 111 |
3,275,377 79/022,084 08/07/2007
3,275,378 79/022,133 08/07/2007
3,275,379 79/022,134 08/07/2007
3,275,380 79/022,236 08/07/2007
3,275,381 79/022,255 08/07/2007
3,275,382 79/022,278 08/07/2007
3,275,383 79/022,300 08/07/2007
3,275,385 79/022,469 08/07/2007
3,275,386 79/022,470 08/07/2007
3,275,387 79/022,619 08/07/2007
3,275,388 79/022,625 08/07/2007
3,275,390 79/022,792 08/07/2007
3,275,391 79/022,842 08/07/2007
3,275,392 79/022,944 08/07/2007
3,275,394 79/023,178 08/07/2007
3,275,395 79/023,184 08/07/2007
3,275,396 79/023,271 08/07/2007
3,275,398 79/023,285 08/07/2007
3,275,401 79/023,381 08/07/2007
3,275,402 79/023,407 08/07/2007
3,275,403 79/023,408 08/07/2007
3,275,404 79/023,422 08/07/2007
3,275,405 79/023,460 08/07/2007
3,275,406 79/023,604 08/07/2007
3,275,408 79/023,792 08/07/2007
3,275,409 79/023,828 08/07/2007
3,275,411 79/023,878 08/07/2007
3,275,414 79/024,028 08/07/2007
3,275,418 79/024,216 08/07/2007
3,275,419 79/024,241 08/07/2007
3,275,421 79/024,243 08/07/2007
3,275,422 79/024,255 08/07/2007
3,275,423 79/024,261 08/07/2007
3,275,424 79/024,313 08/07/2007
3,275,428 79/024,476 08/07/2007
3,275,429 79/024,513 08/07/2007
3,275,430 79/024,558 08/07/2007
3,275,432 79/024,628 08/07/2007
3,275,434 79/024,657 08/07/2007
3,275,435 79/024,664 08/07/2007
3,275,436 79/024,701 08/07/2007
3,275,437 79/024,754 08/07/2007
3,275,438 79/024,762 08/07/2007
3,275,440 79/024,820 08/07/2007
3,275,441 79/024,837 08/07/2007
3,275,443 79/024,908 08/07/2007
3,275,444 79/024,932 08/07/2007
3,275,449 79/025,174 08/07/2007
3,275,453 79/025,239 08/07/2007
3,275,454 79/025,240 08/07/2007
3,275,455 79/025,246 08/07/2007
3,275,456 79/025,271 08/07/2007
3,275,457 79/025,314 08/07/2007
3,275,458 79/025,352 08/07/2007
3,275,460 79/025,377 08/07/2007
3,275,461 79/025,462 08/07/2007
3,275,464 79/025,557 08/07/2007
3,275,465 79/025,581 08/07/2007
3,275,467 79/025,700 08/07/2007
3,275,469 79/025,785 08/07/2007
3,275,470 79/025,850 08/07/2007
3,275,471 79/025,879 08/07/2007
3,275,472 79/025,884 08/07/2007
3,275,473 79/025,919 08/07/2007
3,275,475 79/026,018 08/07/2007
3,275,476 79/026,039 08/07/2007
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 112 |
3,275,481 79/026,289 08/07/2007
3,275,482 79/026,300 08/07/2007
3,275,483 79/026,326 08/07/2007
3,275,484 79/026,329 08/07/2007
3,275,485 79/026,416 08/07/2007
3,275,487 79/026,462 08/07/2007
3,275,490 79/026,678 08/07/2007
3,275,492 79/026,804 08/07/2007
3,275,493 79/026,813 08/07/2007
3,275,494 79/026,909 08/07/2007
3,275,495 79/026,956 08/07/2007
3,275,498 79/027,047 08/07/2007
3,275,499 79/027,048 08/07/2007
3,275,503 79/027,192 08/07/2007
3,275,505 79/027,274 08/07/2007
3,275,507 79/027,367 08/07/2007
3,275,508 79/027,452 08/07/2007
3,275,512 79/027,797 08/07/2007
3,275,515 79/027,873 08/07/2007
3,275,517 79/027,979 08/07/2007
3,275,520 79/028,184 08/07/2007
3,275,521 79/028,214 08/07/2007
3,275,522 79/028,299 08/07/2007
3,275,523 79/028,365 08/07/2007
3,275,524 79/028,402 08/07/2007
3,275,526 79/028,848 08/07/2007
3,275,527 79/028,927 08/07/2007
3,275,528 79/029,089 08/07/2007
3,275,530 79/029,208 08/07/2007
3,275,531 79/029,326 08/07/2007
3,275,532 79/029,476 08/07/2007
3,275,533 79/029,518 08/07/2007
3,275,534 79/029,521 08/07/2007
3,275,537 79/029,585 08/07/2007
3,275,538 79/029,600 08/07/2007
3,275,540 79/029,788 08/07/2007
3,275,541 79/029,818 08/07/2007
3,275,542 79/029,899 08/07/2007
3,275,544 79/030,016 08/07/2007
3,275,545 79/030,111 08/07/2007
3,275,546 79/030,130 08/07/2007
3,275,547 79/030,219 08/07/2007
3,275,549 79/030,264 08/07/2007
3,275,550 79/030,384 08/07/2007
3,275,551 79/030,410 08/07/2007
3,275,552 79/030,552 08/07/2007
3,275,554 79/030,643 08/07/2007
3,275,557 79/031,009 08/07/2007
3,275,558 79/031,010 08/07/2007
3,275,559 79/031,020 08/07/2007
3,275,560 79/031,304 08/07/2007
3,275,563 79/031,610 08/07/2007
3,275,564 79/031,637 08/07/2007
3,275,566 79/031,898 08/07/2007
3,275,567 79/032,088 08/07/2007
3,275,568 79/032,189 08/07/2007
3,275,569 79/032,224 08/07/2007
3,275,572 79/033,231 08/07/2007
3,275,574 79/033,702 08/07/2007
3,275,575 79/033,742 08/07/2007
3,275,576 79/033,767 08/07/2007
3,275,577 79/033,824 08/07/2007
3,275,578 79/033,828 08/07/2007
1,786,496 74/138,724 08/10/1993
1,787,283 74/237,757 08/10/1993
1,786,799 74/308,544 08/10/1993
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 113 |
1,786,468 74/323,470 08/10/1993
2,750,624 75/068,071 08/12/2003
2,750,628 75/314,211 08/12/2003
2,750,635 75/466,698 08/12/2003
2,749,077 75/479,132 08/12/2003
2,749,080 75/503,535 08/12/2003
2,749,082 75/512,592 08/12/2003
2,750,649 75/550,309 08/12/2003
2,749,088 75/560,784 08/12/2003
2,750,656 75/579,973 08/12/2003
2,750,660 75/608,634 08/12/2003
2,750,661 75/609,936 08/12/2003
2,750,665 75/625,242 08/12/2003
2,750,668 75/628,804 08/12/2003
2,749,099 75/631,165 08/12/2003
2,750,675 75/665,395 08/12/2003
2,750,678 75/666,890 08/12/2003
2,750,685 75/678,730 08/12/2003
2,749,113 75/705,716 08/12/2003
2,750,698 75/714,721 08/12/2003
2,750,715 75/809,515 08/12/2003
2,750,737 75/900,247 08/12/2003
2,749,154 75/907,210 08/12/2003
2,749,161 75/924,906 08/12/2003
2,750,751 75/940,875 08/12/2003
2,750,758 75/983,255 08/12/2003
2,750,762 76/007,973 08/12/2003
2,750,771 76/015,611 08/12/2003
2,749,174 76/021,976 08/12/2003
2,750,777 76/023,255 08/12/2003
2,750,781 76/023,581 08/12/2003
2,750,785 76/027,664 08/12/2003
2,750,787 76/030,521 08/12/2003
2,749,179 76/036,806 08/12/2003
2,750,795 76/044,651 08/12/2003
2,751,472 76/058,382 08/12/2003
2,750,808 76/061,472 08/12/2003
2,750,823 76/088,366 08/12/2003
2,750,825 76/090,287 08/12/2003
2,749,203 76/091,724 08/12/2003
2,749,207 76/096,491 08/12/2003
2,750,834 76/105,697 08/12/2003
2,749,218 76/111,139 08/12/2003
2,750,839 76/112,329 08/12/2003
2,750,844 76/117,516 08/12/2003
2,749,229 76/123,964 08/12/2003
2,750,856 76/133,166 08/12/2003
2,750,857 76/133,180 08/12/2003
2,750,859 76/135,172 08/12/2003
2,750,860 76/136,434 08/12/2003
2,750,864 76/141,598 08/12/2003
2,749,240 76/145,635 08/12/2003
2,750,868 76/146,428 08/12/2003
2,749,243 76/149,194 08/12/2003
2,749,244 76/149,196 08/12/2003
2,750,889 76/171,757 08/12/2003
2,750,895 76/175,396 08/12/2003
2,750,902 76/181,413 08/12/2003
2,750,905 76/184,415 08/12/2003
2,749,273 76/187,950 08/12/2003
2,750,911 76/189,347 08/12/2003
2,750,912 76/190,481 08/12/2003
2,749,292 76/208,764 08/12/2003
2,749,293 76/210,344 08/12/2003
2,750,939 76/215,340 08/12/2003
2,750,942 76/219,361 08/12/2003
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 114 |
2,749,302 76/222,177 08/12/2003
2,750,945 76/222,423 08/12/2003
2,750,948 76/224,055 08/12/2003
2,750,958 76/229,352 08/12/2003
2,750,960 76/230,015 08/12/2003
2,749,309 76/231,236 08/12/2003
2,750,964 76/234,616 08/12/2003
2,750,967 76/235,928 08/12/2003
2,749,311 76/237,708 08/12/2003
2,749,322 76/244,590 08/12/2003
2,750,980 76/246,366 08/12/2003
2,749,325 76/247,618 08/12/2003
2,750,989 76/254,444 08/12/2003
2,750,991 76/256,131 08/12/2003
2,750,995 76/258,350 08/12/2003
2,751,002 76/263,866 08/12/2003
2,751,003 76/264,209 08/12/2003
2,751,007 76/266,476 08/12/2003
2,751,008 76/266,478 08/12/2003
2,751,010 76/267,123 08/12/2003
2,751,013 76/267,864 08/12/2003
2,749,350 76/274,375 08/12/2003
2,751,025 76/277,727 08/12/2003
2,751,477 76/282,073 08/12/2003
2,749,362 76/282,984 08/12/2003
2,751,037 76/285,583 08/12/2003
2,749,367 76/286,437 08/12/2003
2,749,374 76/290,476 08/12/2003
2,751,047 76/292,667 08/12/2003
2,749,377 76/292,871 08/12/2003
2,751,049 76/294,077 08/12/2003
2,751,052 76/294,113 08/12/2003
2,751,053 76/294,116 08/12/2003
2,749,380 76/294,206 08/12/2003
2,749,382 76/296,468 08/12/2003
2,751,060 76/297,502 08/12/2003
2,751,065 76/298,504 08/12/2003
2,751,066 76/299,911 08/12/2003
2,749,390 76/302,921 08/12/2003
2,749,400 76/309,421 08/12/2003
2,749,407 76/311,146 08/12/2003
2,749,411 76/315,305 08/12/2003
2,749,415 76/318,216 08/12/2003
2,751,098 76/321,196 08/12/2003
2,751,101 76/322,578 08/12/2003
2,751,102 76/322,792 08/12/2003
2,751,103 76/323,051 08/12/2003
2,749,427 76/324,680 08/12/2003
2,751,106 76/325,730 08/12/2003
2,749,433 76/328,143 08/12/2003
2,749,434 76/328,386 08/12/2003
2,749,435 76/328,666 08/12/2003
2,751,117 76/330,206 08/12/2003
2,751,128 76/337,473 08/12/2003
2,749,462 76/342,047 08/12/2003
2,751,135 76/342,071 08/12/2003
2,749,473 76/346,004 08/12/2003
2,751,144 76/346,326 08/12/2003
2,749,481 76/349,383 08/12/2003
2,749,485 76/351,296 08/12/2003
2,751,157 76/353,293 08/12/2003
2,751,159 76/353,372 08/12/2003
2,749,494 76/354,259 08/12/2003
2,751,161 76/354,693 08/12/2003
2,749,498 76/355,552 08/12/2003
2,751,165 76/356,851 08/12/2003
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
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2,749,506 76/362,944 08/12/2003
2,751,176 76/364,499 08/12/2003
2,751,178 76/365,132 08/12/2003
2,749,512 76/366,806 08/12/2003
2,749,516 76/368,323 08/12/2003
2,751,188 76/369,423 08/12/2003
2,751,191 76/370,006 08/12/2003
2,751,192 76/370,317 08/12/2003
2,751,194 76/370,865 08/12/2003
2,751,197 76/371,031 08/12/2003
2,749,542 76/376,046 08/12/2003
2,751,209 76/376,351 08/12/2003
2,751,210 76/376,714 08/12/2003
2,751,211 76/377,726 08/12/2003
2,749,563 76/379,106 08/12/2003
2,749,565 76/379,276 08/12/2003
2,751,217 76/379,283 08/12/2003
2,749,568 76/380,055 08/12/2003
2,749,569 76/380,152 08/12/2003
2,751,220 76/380,617 08/12/2003
2,751,226 76/381,921 08/12/2003
2,749,591 76/384,048 08/12/2003
2,749,601 76/385,341 08/12/2003
2,749,602 76/385,494 08/12/2003
2,749,609 76/386,752 08/12/2003
2,749,611 76/386,930 08/12/2003
2,749,618 76/387,738 08/12/2003
2,751,240 76/389,637 08/12/2003
2,751,241 76/389,784 08/12/2003
2,749,630 76/390,838 08/12/2003
2,749,632 76/391,511 08/12/2003
2,751,248 76/393,733 08/12/2003
2,749,654 76/393,744 08/12/2003
2,749,658 76/393,860 08/12/2003
2,749,661 76/394,052 08/12/2003
2,749,663 76/394,231 08/12/2003
2,749,674 76/394,643 08/12/2003
2,749,677 76/394,981 08/12/2003
2,749,692 76/397,084 08/12/2003
2,749,693 76/397,118 08/12/2003
2,749,708 76/399,944 08/12/2003
2,749,728 76/402,374 08/12/2003
2,749,731 76/402,762 08/12/2003
2,749,732 76/402,932 08/12/2003
2,749,733 76/402,940 08/12/2003
2,749,734 76/402,946 08/12/2003
2,749,747 76/404,957 08/12/2003
2,749,751 76/405,720 08/12/2003
2,749,752 76/405,721 08/12/2003
2,751,262 76/405,785 08/12/2003
2,749,755 76/405,985 08/12/2003
2,749,756 76/406,453 08/12/2003
2,749,764 76/407,122 08/12/2003
2,749,765 76/407,379 08/12/2003
2,751,493 76/407,472 08/12/2003
2,749,771 76/408,724 08/12/2003
2,749,777 76/408,951 08/12/2003
2,749,780 76/409,970 08/12/2003
2,749,793 76/411,953 08/12/2003
2,749,795 76/412,093 08/12/2003
2,751,266 76/412,727 08/12/2003
2,749,799 76/413,325 08/12/2003
2,749,801 76/413,703 08/12/2003
2,749,807 76/415,045 08/12/2003
2,751,267 76/415,527 08/12/2003
2,749,810 76/415,803 08/12/2003
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US PATENT AND TRADEMARK OFFICE |
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2,749,814 76/417,236 08/12/2003
2,751,271 76/418,938 08/12/2003
2,749,821 76/419,444 08/12/2003
2,749,828 76/420,057 08/12/2003
2,749,829 76/420,059 08/12/2003
2,749,830 76/420,248 08/12/2003
2,749,833 76/421,439 08/12/2003
2,749,834 76/421,630 08/12/2003
2,749,838 76/422,085 08/12/2003
2,749,847 76/423,302 08/12/2003
2,749,852 76/424,246 08/12/2003
2,749,854 76/424,621 08/12/2003
2,749,855 76/424,622 08/12/2003
2,749,856 76/425,227 08/12/2003
2,749,874 76/432,649 08/12/2003
2,749,877 76/433,058 08/12/2003
2,749,902 76/440,014 08/12/2003
2,749,909 76/441,539 08/12/2003
2,749,940 76/448,243 08/12/2003
2,749,949 76/449,551 08/12/2003
2,749,950 76/449,747 08/12/2003
2,749,954 76/450,261 08/12/2003
2,749,970 76/451,623 08/12/2003
2,749,987 76/454,286 08/12/2003
2,749,988 76/454,317 08/12/2003
2,750,000 76/456,245 08/12/2003
2,750,017 76/457,480 08/12/2003
2,750,034 76/458,967 08/12/2003
2,750,041 76/459,363 08/12/2003
2,750,042 76/459,373 08/12/2003
2,750,051 76/460,064 08/12/2003
2,750,063 76/461,445 08/12/2003
2,750,064 76/461,497 08/12/2003
2,750,067 76/461,571 08/12/2003
2,750,068 76/461,687 08/12/2003
2,750,072 76/461,734 08/12/2003
2,750,132 76/465,718 08/12/2003
2,750,139 76/466,171 08/12/2003
2,750,152 76/469,823 08/12/2003
2,750,180 76/480,362 08/12/2003
2,750,182 76/480,437 08/12/2003
2,750,183 76/480,438 08/12/2003
2,750,184 76/480,439 08/12/2003
2,750,188 76/481,385 08/12/2003
2,750,195 76/482,921 08/12/2003
2,750,197 76/482,923 08/12/2003
2,750,199 76/483,030 08/12/2003
2,750,208 78/010,572 08/12/2003
2,751,290 78/013,384 08/12/2003
2,751,299 78/030,110 08/12/2003
2,751,314 78/046,601 08/12/2003
2,751,320 78/053,533 08/12/2003
2,751,328 78/058,813 08/12/2003
2,751,333 78/061,257 08/12/2003
2,750,237 78/069,172 08/12/2003
2,751,345 78/070,524 08/12/2003
2,751,364 78/085,227 08/12/2003
2,750,252 78/087,780 08/12/2003
2,751,367 78/089,567 08/12/2003
2,751,369 78/090,000 08/12/2003
2,751,373 78/090,705 08/12/2003
2,751,374 78/091,405 08/12/2003
2,751,397 78/102,400 08/12/2003
2,751,407 78/105,993 08/12/2003
2,751,513 78/107,727 08/12/2003
2,751,414 78/107,754 08/12/2003
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US PATENT AND TRADEMARK OFFICE |
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2,750,274 78/107,918 08/12/2003
2,750,276 78/109,702 08/12/2003
2,751,421 78/109,758 08/12/2003
2,750,284 78/112,345 08/12/2003
2,750,294 78/116,611 08/12/2003
2,750,295 78/117,337 08/12/2003
2,750,307 78/118,690 08/12/2003
2,750,309 78/119,104 08/12/2003
2,750,320 78/121,982 08/12/2003
2,750,340 78/126,874 08/12/2003
2,750,351 78/128,686 08/12/2003
2,750,363 78/131,733 08/12/2003
2,751,455 78/131,986 08/12/2003
2,751,457 78/133,982 08/12/2003
2,750,372 78/134,543 08/12/2003
2,750,382 78/140,356 08/12/2003
2,751,463 78/145,299 08/12/2003
2,750,397 78/146,453 08/12/2003
2,750,398 78/146,606 08/12/2003
2,750,404 78/148,465 08/12/2003
2,751,521 78/150,110 08/12/2003
2,750,414 78/150,415 08/12/2003
2,750,416 78/150,553 08/12/2003
2,750,423 78/153,179 08/12/2003
2,750,424 78/153,246 08/12/2003
2,750,425 78/153,356 08/12/2003
2,750,433 78/154,617 08/12/2003
2,750,437 78/156,827 08/12/2003
2,750,442 78/157,562 08/12/2003
2,750,451 78/162,775 08/12/2003
2,750,454 78/162,983 08/12/2003
2,750,456 78/163,398 08/12/2003
2,750,464 78/165,459 08/12/2003
2,750,465 78/165,846 08/12/2003
2,750,469 78/166,617 08/12/2003
2,751,525 78/166,982 08/12/2003
2,750,470 78/167,851 08/12/2003
2,750,474 78/168,439 08/12/2003
2,750,477 78/168,933 08/12/2003
2,750,488 78/169,615 08/12/2003
2,750,491 78/170,002 08/12/2003
2,750,502 78/170,806 08/12/2003
2,750,517 78/171,921 08/12/2003
2,750,519 78/172,031 08/12/2003
2,750,525 78/172,108 08/12/2003
2,750,526 78/172,155 08/12/2003
2,750,529 78/172,217 08/12/2003
2,750,541 78/172,996 08/12/2003
2,750,544 78/173,090 08/12/2003
2,750,547 78/173,142 08/12/2003
2,750,550 78/173,459 08/12/2003
2,750,553 78/174,069 08/12/2003
2,750,557 78/174,323 08/12/2003
2,750,566 78/175,581 08/12/2003
2,750,590 78/178,522 08/12/2003
2,750,602 78/181,494 08/12/2003
2,750,617 78/184,834 08/12/2003
2,750,621 78/197,736 08/12/2003
1,731,959 74/099,572 11/10/1992
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.
Wil. Saint, Las Vegas, Nevada, Registration No. 3625015 for the mark
"PARFUM FOR MANKIND", Cancellation No. 92058469.
CoffeeWorks, Charlotte, North Carolina, Registration No. 1754404 for the
mark "COFFEEWORKS", Cancellation No. 92058569.
NICOLE M. THIER
Trademark Trial and Appeal Board, for
DEBORAH S. COHN
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 an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of all the inventors. 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 (Zen Yuan GUAN) 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/IB2010/053613
and was filed 10 August 2010 in the names of Haibo QIAO, Zhen Yuan GUAN,
Chao PENG, Jianhong KONG, Tianyi WEI, and Andrew JIANG for the invention
entitled ACTIVE DAMPING FOR DIMMABLE DRIVER FOR LIGHTING UNIT. The national
stage number is 13/809,284 and has a 35 U.S.C. 371(c) date of 06 March 2014.
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 (Russell P. Rother) 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/US2011/034598 and was
filed on 29 April 2011, in the names of Russell P. Rother and Paul P.
Tamburini for the invention entitled ANTIBODIES HAVING REDUCED
IMMUNOGENICITY IN A HUMAN. The national stage application number is
13/813,040 and has a 35 U.S.C. §371(c)(1), (c)(2) and (c)(4) date of 21
August 2013.
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 all inventors. The petition has been granted. A notice has
been sent to the last known address of the non-signing inventors. The
inventors whose signatures are missing (Pentti PAUROLA) 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/EP2011/060847
and was filed on 28 June 2011 in the name of Pentti PAUROLA, Harald
VINDSPOLL, Knut Vebjorn GRANDE and Karina Heitnes HOFSTAD for the invention
entitled In Situ Combustion Process with Reduced CO2 Emmissions. The
national stage application number is 13/807,227.
37 CFR 1.47 Notice of 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 all the inventors. 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 (Mo-Han FONG) 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/US2011/038554
and was filed 31 May 2011 in the names of Chondra S. BONTU, Zhijun S. CAI,
Yi YU, Yi SONG, Mo-Han FONG, and Rose HU for the invention entitled UE
MEASUREMENT PROCEDURE IN A HETEROGENEOUS MOBILE NETWORK. The national stage
number is 13/985,764 and has a 35 U.S.C. 371(c) date of 26 February 2014.
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 April 27, 2014 at the following address: Mail Stop OED United
States Patent and Trademark Office P.O. Box 1450 Alexandria VA 22314
Chen, Joanna Ying, 1050 Wilshire Boulevard, #319, Los Angeles, CA 90017
deGrasse, Ian Isaac, 2474 E. Prescott Street, Gilbert, AZ 85298
DeVries, Gretchen Anne, Fish & Richardson P.C., One Marina Park Drive,
Boston, MA 02210
Dharamsi, Tasneem Amin, 694 Fern Mill Ct., Virginia Beach, VA 23464
Fenske, Elizabeth Ann, Brooks, Cameron & Huebsch, PLLC, 1221 Nicollet
Avenue, Suite 500, Minneapolis, MN 55403
Hoelzer, Karin, 180 Montague Street, Apartment 4E, Brooklyn, NY 11201
Kaufman, Brian Matthew, Patent Law Group Atkins and Associates, P.C.,
605 West Knox Road, Suite 104, Tempe, AZ 85284
Kim, Ha Young, 1350 Beverly Road, #404, McLean, VA 22101
Lee, Hyesook, 3961 Persimmon Drive, Apartment 2, Fairfax, VA 22031-4161
Liu, Dawei, Alfred University, 2 Pine Street, Alfred, NY 14802
Liu, Yang, 7 Maplewood Street #9, West Roxbury, MA 02132
Murgulescu, Mihai Horia, 6276 Hopi Circle, San Jose, CA 95123
Nguyen, Tinh T., 90 N. Spring Street, Apartment 4, Concord, NH 03301
Qian, Chen, 2006 Byrd Road, Vienna, VA 22182
Qiu, Lejian, FutureWei Technologies Inc., 2330 Central Expressway,
Santa Clara, CA 95050
Riviello, Jordan Tyler, 3388 Lindstrom Drive, Columbus, OH 43228
Rothwell III, William Paul, Baker Botts, LLP, One Shell Plaza, 910 Lousiana
Street, Houston, TX 77002
Rudawitz, Joshua Ian, Nutter, McClennen & Fish, LLP, 155 Seaport Boulevard,
Boston, MA 02210
Sandel, Abraham Jorge, Memorial Sloan-Kettering Cancer Center, 1275 York
Avenue, M2030-B, New York, NY 10065
Schmid, Klaus Michael Johannes, PROI Patent & Trademark Attorneys,
8433 Cora Street, Sunland, CA 91040
Stroud, Jonathan Rudolph Kominek, Finnegan, Henderson, Farabow,Garrett &
Dunner LLP, 901 New York Avenue, NW, Washington, DC 20001
Tanabe, Junya, Stroock & Stroock & Lavan LLP, 180 Maiden Lane, New York,
NY 10038
Tsang, Cecilia Jiun Yi, 10305 Nolan Drive, Rockville, MD 20850
Zakem, Aaron Jacob, Kenyon & Kenyon LLP, 1 Broadway, New York, NY 10004
March 13, 2014 WILLIAM R. COVEY
Deputy General Counsel for Enrollment and Discipline and
Director of the Office of Enrollment and Discipline
Notice of Suspension
This notice concerns Darrell N. Fuller of Houston, Texas, a registered
patent attorney (Registration No. 63,092). The Director of the United
States Patent and Trademark Office ("USPTO" or "Office") has suspended
Mr. Fuller from practice before the Office in patent, trademark, and other
non-patent matters for twenty-four (24) months for violating 37 C.F.R.
§ 10.23(a).
In June 2013, Mr. Fuller pled guilty to the felony charge of Improper/
Photography/Visual Recording under Section 21.15 of Title 5 of the Texas
Penal Code in the case of The State of Texas v. Fuller, Darrell Nathan,
Case No. 136289601010 (182nd District Court, Harris County, Texas) for
having illegally photographed and/or visually recorded other persons in
September 2012. Mr. Fuller promptly reported his guilty plea in writing to
the Office of Enrollment and Discipline.
This action is the result of a settlement agreement between Mr. Fuller
and the OED Director pursuant to the provisions of 35 U.S.C. §§ 2(b)(2)(D)
and 32 and 37 C.F.R. §§11.26 and 11.59. Disciplinary decisions involving
practitioners are posted for public reading at the Office of Enrollment and
Discipline Reading Room, available at:
http://e-foia.uspto.gov/Foia/OEDReadingRoom.jsp.
March 12, 2014 JAMES O. PAYNE
Deputy General Counsel for General Law
United States Patent and Trademark Office
on behalf of
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
| Miscellaneous Changes to Trademark Rules of Practice and the Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks |
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Parts 2, 6, and 7
[Docket No. PTO-T-2013-0026]
RIN 0651-AC88
Miscellaneous Changes to
Trademark Rules of Practice and the
Rules of Practice in Filings Pursuant to the
Protocol Relating to the Madrid Agreement Concerning the
International Registration of Marks
AGENCY: United States Patent and Trademark Office, Commerce
ACTIONS: Notice of Proposed Rulemaking
SUMMARY: The United States Patent and Trademark Office ("Office") proposes
to amend the Trademark Rules of Practice and the Rules of Practice in
Filings Pursuant to the Protocol Relating to the Madrid Agreement
Concerning the International Registration of Marks to benefit the public by
providing greater clarity as to certain requirements relating to
representation before the Office, applications for registration,
examination procedures, amendment of applications, publication and post
publication procedures, appeals, petitions, post registration practice,
correspondence in trademark cases, classification of goods and services,
and procedures under the Madrid Protocol. For the most part, the proposed
rule changes are intended to codify existing practice.
DATES: Comments must be received by April 23, 2014 to ensure consideration.
ADDRESSES: The Office prefers that comments be submitted via electronic
mail message to TMFRNotices@uspto.gov. Written comments also may 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. Written comments will be
available for public inspection on the Office's Web site at
http://www.uspto.gov, on the Federal eRulemaking Portal, and at the Office
of the Commissioner for Trademarks, Madison East, Tenth Floor, 600 Dulany
Street, Alexandria, Virginia.
FOR FURTHER INFORMATION CONTACT: Cynthia C. Lynch, Office of the Deputy
Commissioner for Trademark Examination Policy, by email at
TMPolicy@uspto.gov, or by telephone at (571) 272-8742.
SUPPLEMENTARY INFORMATION
Executive Summary: Purpose: The proposed rules will benefit the public
by providing more comprehensive and specific guidance regarding certain
requirements relating to representation before the Office, applications for
registration, examination procedures, amendment of applications,
publication and post publication procedures, appeals, petitions, post
registration practice, correspondence in trademark cases, classification of
goods and services, and procedures under the Madrid Protocol. For the most
part, the proposed rule changes are intended to codify existing practice.
Summary of Major Provisions: As stated above, the Office proposes to
revise the rules in parts 2, 6, and 7 of title 37 of the Code of Federal
Regulations to codify current Office practice and provide sufficient detail
regarding miscellaneous requirements relating to representation before the
Office, applications for registration, examination procedures, amendment of
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 123 |
applications, publication and post publication procedures, appeals,
petitions, post registration practice, correspondence in trademark cases,
classification of goods and services, and procedures under the Madrid
Protocol.
Costs and Benefits: This rulemaking is not economically significant
under Executive Order 12866 (Sept. 30, 1993).
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 October 2013 edition.
Discussion of Proposed Rules Changes
Representation by Attorneys or Other Authorized Persons
The Office proposes to revise § 2.17(d)(1) to remove the reference to
the number of powers of attorney that can be filed via the Trademark
Electronic Application System ("TEAS") for existing applications or
registrations that have the identical owner and attorney. The TEAS
Revocation of Attorney/Domestic Representative and/or Appointment of
Attorney/Domestic Representative form currently indicates that up to 300
applications or registrations may be amended per request. The proposed
revision is intended to remove outdated information, and will allow more
flexibility for future enhancements to TEAS.
The Office proposes to revise § 2.19(b) to require compliance with
§ 11.116, rather than § 10.40, as part 10 of this chapter has been removed
and reserved (78 FR 20180 (April 3, 2013)) and § 11.116 now sets out the
requirements for terminating representation.
Applications for Registration
The Office proposes to revise § 2.22(a)(19) to indicate that if a TEAS
Plus applicant owns one or more registrations for the same mark shown in
the application, and the last listed owner of the prior registration(s)
differs from the owner of the application, the application must include a
claim of ownership for the prior registration(s) in order to be entitled to
the reduced filing fee under § 2.6(a)(1)(iii). This limits the
circumstances under which a TEAS Plus applicant is required to claim
ownership of a prior registration and is consistent with the proposed
revision to the claim of ownership requirements in § 2.36.
The Office proposes to revise § 2.36 to indicate that an applicant is
only required to claim ownership of prior registrations for the same or
similar marks if the owner listed in the application differs from the owner
last listed in the Office's database for such prior registrations. This is
consistent with existing practice.
The Office proposes to revise § 2.38(b) to remove the requirement that
an application indicate that, if the applied-for 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, such
fact must be indicated in the application.
The Office further proposes to redesignate § 2.38(c) as § 2.38(b), as
the requirement in current § 2.38(b) is being removed.
Examination of Application and Action by Applicants
The Office proposes to add new § 2.62(c) to specify that responses to
Office actions must be filed through TEAS, transmitted by facsimile,
mailed, or delivered by hand, and that responses sent by e-mail will not be
accorded a date of receipt. This is consistent with existing practice.
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 124 |
The Office proposes to amend the title of § 2.63 from "Reexamination" to
"Action after response," as revised § 2.63 incorporates a discussion of
reexamination, the filing of petitions and appeals, and abandonments.
The Office proposes to revise § 2.63(a) to clarify that after submission
of a response by the applicant, the examining attorney will review all
statutory refusal(s) and/or requirement(s) in light of the response. This
is consistent with TMEP section 713.
The Office proposes to add § 2.63(a)(1) to clarify that the applicant
may respond to a non-final action that maintains any requirement(s) or
substantive refusal(s) by filing a timely response to the examiner's
action. This is consistent with TMEP section 713.
The Office proposes to add § 2.63(a)(2) to clarify that the applicant
may respond to a non-final action that maintains any requirement(s) by
filing a petition to the Director under § 2.146 if the subject matter of
the requirement(s) is appropriate for petition, that if the petition is
denied, the applicant will have six months from the date of the Office
action which repeated the requirement(s), or thirty days from the date of
the decision on the petition, whichever is later, to comply with the
repeated requirement(s), and that a requirement which is the subject of a
petition to the Director subsequently may not be the subject of an appeal
to the Trademark Trial and Appeal Board ("TTAB"). This is consistent with
TMEP sections 713 and 1702.
The Office proposes to revise § 2.63(b) to clarify that the examining
attorney may make final a refusal or a requirement upon review of a
response or request for reconsideration. This is consistent with current
§ 2.64(a) and TMEP sections 713 and 714.03.
The Office proposes to add § 2.63(b)(1) to clarify that the applicant
may respond to a final action that maintains any substantive refusal(s)
under sections 2, 3, 4, 5, 6, or 23 of the Act by filing an appeal to the
TTAB under §§ 2.141 and 2.142. This is consistent with TMEP section
1501.01.
The Office proposes to add § 2.63(b)(2) to clarify that the applicant
may respond to a final action that withdraws all substantive refusals but
maintains any requirement(s) either by filing an appeal to the TTAB under
§§ 2.141 and 2.142, or by filing a petition to the Director under § 2.146,
if the subject matter of the requirement(s) is procedural, and therefore
appropriate for petition. This is consistent with current § 2.63(b) and
TMEP sections 1501.01 and 1704.
The Office proposes to add § 2.63(b)(3) to clarify that the applicant
may file a request for reconsideration of the final action prior to the
expiration of the time for filing an appeal to the TTAB or a petition to
the Director, that the request must be signed by a party authorized under
§ 2.193(e)(2), and that the request does not stay or extend the time for
filing an appeal or petition. This is consistent with current § 2.64(b) and
TMEP section 715.03.
The Office proposes to add § 2.63(b)(4) to clarify that the filing of a
request for reconsideration that does not result in the withdrawal of all
refusals and requirements, without the filing of a timely appeal or
petition, will result in abandonment of the application for incomplete
response. This is consistent with section 12(b) of the Act and current
§ 2.65(a).
The Office proposes to add § 2.63(c) to clarify both that if a petition
to the Director under § 2.146 is denied, the applicant will have until six
months from the date of issuance of the Office action that repeated the
requirement(s), or made it final, or thirty days from the date of the
decision on the petition, whichever date is later, to comply with the
requirement(s), and that a requirement that is the subject of a petition
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decided by the Director subsequently may not be the subject of an appeal to
the TTAB. This is consistent with current § 2.63(b) and TMEP section 1702.
The Office proposes to add § 2.63(d) to clarify that if an amendment to
allege use is filed during the six-month response period after issuance of
a final action, the examining attorney will examine the amendment, but the
filing of the amendment does not stay or extend the time for filing an
appeal to the TTAB or a petition to the Director. This is consistent with
current § 2.64(c)(1) and TMEP sections 711 and 1104.
The Office proposes to remove and reserve § 2.64 and incorporate updated
final action procedures into proposed revised § 2.63.
The Office proposes to revise § 2.65(a) both to clarify that an
application will be deemed abandoned if an applicant fails to respond, or
respond completely, to an Office action within six months of the issuance
date, but a timely petition to the Director or notice of appeal to the
TTAB, if appropriate, is considered to be a response that avoids
abandonment, and to revise the reference to § 2.63(b) so as to reference
§ 2.63(a) and (b). The clarification is consistent with TMEP section 718.03
and the revision to the reference accounts for the proposed amendment to
§ 2.63 which sets out the conditions for a petition under § 2.146 in
§ 2.63(a) and (b) instead of only § 2.63(b).
The Office proposes to add § 2.65(a)(1) to clarify that if an applicant
fails to timely respond to an Office action, but all refusals or
requirements are expressly limited to certain goods or services, the
application will be abandoned only as to those goods or services. This is
consistent with current § 2.65(a) and TMEP section 718.02(a).
The Office proposes to add § 2.65(a)(2) to clarify that an applicant
may, in certain situations, be granted thirty days, or to the end of the
response period set forth in the action, whichever is longer, to provide
information omitted from a response before the examining attorney considers
the issue of abandonment. This is consistent with current § 2.65(b) and
TMEP section 718.03(b).
The Office proposes to revise § 2.65(b) to clarify that an application
will be abandoned if an applicant expressly abandons the application
pursuant to § 2.68. This is consistent with TMEP section 718.01.
The Office proposes to revise § 2.65(c) to clarify that an application
under section 1(b) of the Act will be abandoned if the applicant fails to
file a timely statement of use under § 2.88 or a request for an extension
of time for filing a statement of use under § 2.89. This is consistent
with section 1(d)(4) of the Act and TMEP sections 1108.01 and 1109.04.
The Office proposes to revise § 2.68(a) to indicate that a request for
abandonment or withdrawal may not subsequently be withdrawn. This is
consistent with TMEP section 718.01, and is intended to provide applicants,
registration owners, and the public assurance of the accuracy of the status
of applications or registrations after filings are received by the Office.
The Office proposes to revise § 2.68(b) for clarity by moving the "in
any proceeding before the Office" clause to the end of the sentence.
Amendment of Application
The Office proposes to revise § 2.77(b) to indicate that amendments not
listed in § 2.77(a) may be entered in the application in the time period
between issuance of the notice of allowance and submission of a statement
of use only with the express permission of the Director, after
consideration on petition under § 2.146. This is consistent with TMEP
sections 1107 and 1505.01(d), which currently require a waiver of § 2.77 on
petition.
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Publication and Post Publication
The Office proposes to revise § 2.81(b) to remove the list of items that
will be included on the notice of allowance. The proposed change allows
greater flexibility in the format of notices of allowance, to allow for
changes that may occur in conjunction with the Office's "Trademarks Next
Generation" information technology initiative. As a matter of practice,
at this time, the Office plans to continue to maintain the current format
of the notice of allowance.
The Office proposes to revise § 2.84(b) to clarify that an application
that is not the subject of an inter partes proceeding before the TTAB may
be amended after the mark has been published for opposition, but before the
certificate of registration has been issued under section 1(a), 44, or
66(a) of the Act, or before the notice of allowance has been issued in an
application under section 1(b) of the Act, if the amendment meets the
requirements of §§ 2.71, 2.72, and 2.74. This is consistent with existing
practice.
Appeals
The Office proposes to revise § 2.142(f)(3) and (f)(6) to remove the
references to § 2.64, as the Office is proposing to remove and reserve
§ 2.64, with the sections of § 2.64 relevant to § 2.142(f)(3) and (f)(6)
incorporated into proposed revised § 2.63.
The Office proposes to revise § 2.145(a) to add registrants who have
filed an affidavit or declaration under section 71 of the Act and are
dissatisfied with a decision of the Director to the list of parties
eligible to appeal to the U.S. Court of Appeals for the Federal Circuit.
This is consistent with TMEP section 1613.18(d).
The Office proposes to revise § 2.146(a)(1) and (g) to replace
references to § 2.63(b) with references to § 2.63(a) and (b), as the Office
is proposing to list conditions for a petition under § 2.146 in § 2.63(a)
and (b) instead of only § 2.63(b).
Post Registration
The Office proposes to revise § 2.172 to clarify that a surrender for
cancellation may not subsequently be withdrawn. This is consistent with
existing practice.
The Office proposes to revise § 2.185(a) to indicate that deficiencies
in renewal applications may be corrected after notification from the
Office. This is consistent with existing practice.
General Information and Correspondence in Trademark Cases
The Office proposes to amend § 2.198(a)(1) by adding § 2.198(a)(1)(viii)
to include affidavits under section 71 of the Act in the list of documents
excluded from the Office's Express Mail procedure. This is consistent with
the handling of corresponding affidavits under section 8 of the Act. In
connection with this addition, the Office proposes to revise
§ 2.198(a)(1)(vi) and § 2.198(a)(1)(vii) for clarity.
Classification of Goods and Services
The Office proposes to revise § 6.1(5) to add the wording "or
veterinary" to the entry "dietetic food and substances adapted for medical
use" in the listing of goods for International Class 5. This is consistent
with the current heading for the international class as established by the
Committee of Experts of the Nice Union and set forth in the
International Classification of Goods and Services for the Purposes of the
Registration of Marks published annually by the World Intellectual Property
Organization ("WIPO") on its web site.
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Madrid Protocol
The Office proposes to revise § 7.11(a)(3)(ii) to clarify that if the
mark in the basic application or registration is depicted in
black-and-white and includes a color claim, an international application
filed on paper must include both black-and-white and color reproductions of
the mark, and an international application filed electronically must
include a color reproduction of the mark. This is consistent with existing
practice as the WIPO paper application form requires the applicant to
submit both black-and-white and color reproductions of the mark, while the
Office's electronic application form requires only that the applicant
submit a color reproduction of the mark.
The Office proposes to revise § 7.23(a)(5) to require that a request to
record an assignment of an international registration submitted through the
Office include a statement that, after making a good faith effort, the
assignee could not obtain the assignor's signature for the request to
record the assignment and be signed and verified or supported by
declaration under § 2.20. This revision is intended to ensure that
assignees make a good-faith effort to obtain the assignor's signature
before invoking this rule and requesting the Office to forward the
assignment document to the International Bureau ("IB") of WIPO.
The Office proposes to revise § 7.23(a)(6) to indicate that a request to
record an assignment of an international registration submitted through the
Office must include an indication that the assignment applies to the
designation to the United States or an international registration that was
originally based on a United States application or registration. This
revision is intended to ensure that an assignee of an international
registration based on a U.S. registration or application is treated the
same as an assignee of a designation to the U.S. Current practice is that
the owner of the international registration based on a U.S. registration or
application must file a petition to waive this subsection of the rule.
The Office proposes to revise § 7.24(b)(5)(ii) to require that a
request, submitted through the Office, to record a restriction, or the
release of a restriction, that is the result of an agreement between the
holder of the international registration and the party restricting the
holder's right of disposal must include a statement indicating that, after
making a good faith effort, the signature of the holder of the
international registration could not be obtained for the request to record
the restriction, or release of the restriction, and be signed and verified
or supported by declaration under § 2.20. This revision is intended to
ensure that assignees make a good faith effort to obtain the assignor's
signature before invoking this rule and requesting the Office to forward
the document to the IB.
The Office proposes to revise § 7.24(b)(7) to indicate that a request to
record a restriction, or the release of a restriction, must include an
indication that the restriction, or the release of the restriction, of the
holder's right of disposal of the international registration applies to the
designation to the United States or an international registration that was
originally based on a United States application or registration. This
revision is intended to ensure that an assignee of an international
registration based on a U.S. registration or application is treated the
same as an assignee of a designation to the U.S. Current practice is that
the owner of the international registration based on a U.S. registration or
application must file a petition to waive this subsection of the rule.
The Office proposes to revise § 7.25(a) to add §§ 2.21, 2.76, 2.88, and
2.89 to the list of sections in part 2 not applicable to an extension of
protection. This is consistent with existing practice as the section
relates to procedures only applicable to applications under sections 1 or
44 of the Act.
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The Office proposes to amend § 7.31 by revising the introductory text
and § 7.31(a)(3) to require that a request to transform an extension of
protection to the United States into a U.S. application specify the goods
and/or services to be transformed. This revision is intended to ensure that
the Office transforms an accurate listing of goods and/or services.
The Office further proposes to redesignate current § 7.31(a)(3) as
§ 7.31(a)(4) and current § 7.31(a)(4) as new § 7.31(a)(5) because current
§ 7.31(a)(3) is being revised to require that a request to transform an
extension of protection to the United States into a
U.S. application specify the goods and/or services to be transformed.
Rulemaking Considerations
Administrative Procedure Act: The changes proposed in this rulemaking
involve rules of agency practice and procedure, and/or interpretive rules.
See Nat'l Org. of Veterans' Advocates v. Sec'y of Veterans Affairs, 260
F.3d 1365, 1375 (Fed. Cir. 2001) (rule that clarifies interpretation of a
statute is interpretive); Bachow Commc'ns Inc. v. FCC, 237 F.3d 683, 690
(D.C. Cir. 2001) (rules governing an application process are procedural
under the Administrative Procedure Act); Inova Alexandria Hosp. v. Shalala,
244 F.3d 342, 350 (4th Cir. 2001) (rules for handling appeals were
procedural where they did not change the substantive standard for reviewing
claims).
Accordingly, prior notice and opportunity for public comment for the
proposed rule changes are not required pursuant to 5 U.S.C. 553(b) or (c),
or any other law. See Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336-37
(Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C.
2(b)(2)(B), does not require notice and comment rulemaking for
"interpretative rules, general statements of policy, or rules of agency
organization, procedure, or practice," quoting 5 U.S.C. 553(b)(A)).
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 Act analysis, nor a certification under
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), is required. See 5
U.S.C. 603.
In addition, for the reasons set forth herein, the Deputy General
Counsel for General Law of the United States Patent and Trademark Office
has certified to the Chief Counsel for Advocacy of the Small Business
Administration that rule changes proposed in this notice will not have a
significant economic impact on a substantial number of small entities. See
5 U.S.C. 605(b). This notice proposes changes to rules of agency practice
and procedure. The primary impact of the proposed rule changes is to
provide greater clarity as to certain requirements relating to
representation before the Office, applications for registration,
examination procedures, amendment of applications, publication and post
publication procedures, appeals, petitions, post registration practice,
correspondence in trademark cases, classification of goods and services,
and procedures under the Madrid Protocol. For the most part, the proposed
rule changes are intended to codify existing practice. The burdens, if any,
to all entities, including small entities, imposed by these proposed rule
changes would be minor. Additionally, in a number of instances, the
proposed rule changes would lessen the burdens on applicants. Therefore,
the proposed rule changes will not have a significant economic impact on a
substantial number of small entities.
Executive Order 12866: The proposed rulemaking has been determined to be
not significant for purposes of Executive Order 12866.
Executive Order 13563 (Improving Regulation and Regulatory Review):
The Office has complied with Executive Order 13563 (Jan. 18, 2011).
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Specifically, the Office has, to the extent feasible and applicable:
(1) made a reasoned determination that the benefits justify the costs of
the proposed rule changes; (2) tailored the proposed rules to impose the
least burden on society consistent with obtaining the regulatory
objectives; (3) selected a regulatory approach that maximizes net benefits;
(4) specified performance objectives; (5) identified and assessed available
alternatives; (6) provided the public with a meaningful opportunity to
participate in the regulatory process, including soliciting the views of
those likely affected prior to issuing a notice of proposed rulemaking, and
provided on-line access to the rulemaking docket; (7) attempted to promote
coordination, simplification, and harmonization across government agencies
and identified goals designed to promote innovation; (8) considered
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public; and (9) ensured the objectivity of scientific and
technological information and processes, to the extent applicable.
Executive Order 13132: The proposed rulemaking does not contain policies
with federalism implications sufficient to warrant preparation of a
Federalism Assessment under Executive Order 13132 (Aug. 4, 1999).
Congressional Review Act: Under the Congressional Review Act provisions
of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
801 et seq.), prior to issuing any final rule, the Office will submit a
report containing the final rule and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General of
the Government Accountability Office. The changes in this proposed
rulemaking are not expected to result in an annual effect on the economy of
100 million dollars or more, a major increase in costs or prices, or
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of United States-based enterprises
to compete with foreign-based enterprises in domestic and export markets.
Therefore, this notice is not expected to result in a "major rule" as
defined in 5 U.S.C. 804(2).
Unfunded Mandate Reform Act of 1995: The Unfunded Mandates Reform Act
(2 U.S.C. 1501 et seq.) requires 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 proposed rulemaking would have no such
effect on State, local, and tribal governments or the private sector.
Paperwork Reduction Act: This proposed rulemaking involves information
collection requirements which are subject to review by the U.S. Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). The Office has determined that there would be no new
information collection requirements or impacts to existing information
collection requirements associated with this proposed rulemaking. The
collections of information involved in this proposed rulemaking have been
reviewed and previously approved by OMB under control numbers 0651-0009,
0651-0050, 0651-0051, 0651-0054, 0651-0055, 0651-0056, and 0651-0061.
The Office is soliciting comments to: (1) evaluate whether the proposed
collection of information is necessary for the proper performance of the
functions of the agency, including whether the information will have
practical utility; (2) evaluate the accuracy of the agency's estimate of
the burden of the proposed collection of information, including the
validity of the methodology and assumptions used; (3) enhance the quality,
utility, and clarity of the information to be collected; and (4) minimize
the burden of information on those who are to respond, including through
the use of appropriate automated, electronic, mechanical, or other
technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
Interested persons are requested to send comments regarding this
information collection by April 23, 2014, to: (1) The Office of Information
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and Regulatory Affairs, Office of Management and Budget, New Executive
Office Building, Room 10202, 725 17th Street, NW, Washington, DC 20503,
Attention: Nicholas A. Fraser, the Desk Officer for the United States
Patent and Trademark Office; and (2) 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. All comments submitted
directly to the Office or provided on the Federal eRulemaking Portal
should include the docket number (PTO-T-2013-0026).
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 6
Administrative practice and procedure, Classification, Trademarks.
37 CFR Part 7
Administrative practice and procedure, International registration,
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
parts 2, 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 § 2.17(d)(1) to read as follows:
§ 2.17 Recognition for representation.
* * * * *
(d) * * *
(1) The owner of an application or registration may appoint a
practitioner(s) qualified to practice under § 11.14 of this chapter to
represent the owner for all existing applications or registrations that
have the identical owner name and attorney through TEAS.
* * * * *
3. Revise § 2.19(b) introductory text to read as follows:
§ 2.19 Revocation or withdrawal of attorney.
* * * * *
(b) Withdrawal of attorney. If the requirements of § 11.116 of this
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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 or, when applicable, upon
motion granted by the Trademark Trial and Appeal Board. 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:
* * * * *
4. Revise § 2.22(a)(19) to read as follows:
§ 2.22 Filing requirements for a TEAS Plus application
(a) * * *
(19) If the applicant owns one or more registrations for the same mark,
and the owner(s) last listed in Office records of the prior registration(s)
for the same mark differs from the owner(s) listed in the application, a
claim of ownership of the registration(s) identified by the registration
number(s), pursuant to § 2.36; and
* * * * *
5. Revise § 2.36 to read as follows:
§ 2.36 Identification of prior registrations.
Prior registrations of the same or similar marks owned by the applicant
should be identified in the application if the owner(s) last listed in
Office records of the prior registrations differs from the owner(s) listed
in the application.
6. Amend § 2.38 by revising paragraph (b) to read as follows, and
removing paragraph (c):
§ 2.38 Use by predecessor or by related companies.
* * * * *
(b) The Office may require such details concerning the nature of the
relationship and such proofs as may be necessary and appropriate for the
purpose of showing that the use by related companies inures to the benefit
of the applicant and does not affect the validity of the mark.
7. Amend § 2.62 by adding new paragraph (c), to read as follows:
§ 2.62 Procedure for filing response.
* * * * *
(c) Form. Responses must be filed through TEAS, transmitted by
facsimile, mailed or delivered by hand, as set out in § 2.190(a). Responses
sent via e-mail will not be accorded a date of receipt.
8. Revise § 2.63 to read as follows:
§ 2.63 Action after response.
(a) Repeated non-final refusal or requirement. After response by the
applicant, the examining attorney will review all statutory refusals and/or
requirement(s) in light of the response.
(1) If, after review of the applicant's response, the examining attorney
issues a non-final action that maintains any previously issued substantive
refusal(s) to register or repeats any requirement(s), the applicant may
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submit a timely response to the action.
(2) If, after review of the applicant's response, the examining attorney
issues a non-final action that contains no substantive refusals to
register, but maintains any requirement(s), the applicant may respond to
such repeated requirement(s) by filing a timely petition to the Director
for relief from the repeated requirement(s) if the subject matter of the
repeated requirement(s) is appropriate for petition to the Director (see
§ 2.146(b)). If the petition is denied, the applicant shall have until six
months from the date of the Office action which repeated the requirement(s)
or thirty days from the date of the decision on the petition, whichever
date is later, to comply with the repeated requirement(s). A requirement
which is the subject of a petition decided by the Director subsequently may
not be the subject of an appeal to the Trademark Trial and Appeal Board.
(b) Final refusal or requirement. Upon review of a response or request
for reconsideration, the examining attorney may state that the refusal(s)
to register, or the requirement(s), is final.
(1) If the examining attorney issues a final action that maintains any
substantive refusal(s) to register, the applicant may respond by filing a
timely appeal to the Trademark Trial and Appeal Board under §§ 2.141 and
2.142.
(2) If the examining attorney issues a final action that contains no
substantive refusals to register, but maintains any requirement(s), the
applicant may respond by filing: (i) a timely appeal of the requirement(s)
to the Trademark Trial and Appeal Board under §§ 2.141 and 2.142; or (ii)
a timely petition to the Director under § 2.146 to review the
requirement(s), if the subject matter of the requirement(s) is procedural,
and therefore appropriate for petition.
(3) Prior to the expiration of the time for filing an appeal or a
petition, the applicant may file a request for reconsideration of the final
action. The request must be signed by the applicant, someone with legal
authority to bind the applicant, or a practitioner qualified to practice
under § 11.14, in accordance with the requirements of § 2.193(e)(2).
Filing a request for reconsideration does not stay or extend the time for
filing an appeal or petition.
(4) Filing a request for reconsideration that does not result in the
withdrawal of all refusals and requirements, without the filing of a timely
appeal or petition, will result in abandonment of the application for
incomplete response, pursuant to § 2.65(a).
(c) If a petition to the Director under § 2.146 is denied, the applicant
will have until six months from the date of issuance of the Office action
that repeated the requirement(s), or made it final, or thirty days from the
date of the decision on the petition, whichever date is later, to comply
with the requirement(s). A requirement that is the subject of a petition
decided by the Director subsequently may not be the subject of an appeal to
the Trademark Trial and Appeal Board.
(d) 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 examining attorney will
examine the amendment. The filing of such an amendment does not stay or
extend the time for filing an appeal or petition.
§ 2.64 [Removed and Reserved]
9. Remove and reserve § 2.64.
10. Revise § 2.65 to read as follows:
§ 2.65 Abandonment.
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(a) An application will be abandoned if an applicant fails to respond to
an Office action, or to respond completely, within six months from the date
of issuance. A timely petition to the Director pursuant to §§ 2.63(a) and
(b) and 2.146 or notice of appeal to the Trademark Trial and Appeal Board
pursuant to § 2.142, if appropriate, is a response that avoids abandonment.
(1) If all refusals and/or requirements are expressly limited to certain
goods and/or services, the application will be abandoned only as to those
goods and/or services.
(2) When a timely response by the applicant is a bona fide attempt to
advance the examination of the application and is a substantially complete
response to the examining attorney's action, but consideration of some
matter or compliance with a requirement has been omitted, the applicant may
be granted thirty days, or to the end of the response period set forth in
the action to which the substantially complete response was submitted,
whichever is longer, to explain and supply the omission before considering
the question of abandonment.
(b) An application will be abandoned if an applicant expressly abandons
the application pursuant to § 2.68.
(c) An application will be abandoned if an applicant in an application
under section 1(b) of the Act fails to timely file either a statement of
use under § 2.88 or a request for an extension of time for filing a
statement of use under § 2.89.
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 the applicant (e.g., a corporate officer or general partner of a
partnership), or a practitioner qualified to practice under § 11.14 of this
chapter, in accordance with the requirements of § 2.193(e)(2). A request
for abandonment or withdrawal may not subsequently be withdrawn.
(b) Rights in the mark not affected. Except as provided in § 2.135, the
fact that an application has been expressly abandoned shall not affect any
rights that the applicant may have in the mark set forth in the abandoned
application in any proceeding before the Office.
12. Revise § 2.77(b) to read as follows:
§ 2.77 Amendments between notice of allowance and statement of use.
* * * * *
(b) Other amendments may be entered during this period only with the
express permission of the Director, after consideration on petition under
§ 2.146. If the Director determines that the amendment requires review by
the examining attorney, the petition will be denied and the amendment may
be resubmitted with the statement of use in order for the applicant to
preserve its right for review.
13. Revise § 2.81(b) to read as follows:
§ 2.81 Post publication.
* * * * *
(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
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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. Thereafter, the applicant must submit a statement of use as provided
in § 2.88.
14. 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 meets the requirements of §§ 2.71, 2.72 and 2.74. Otherwise,
an amendment to such an application may be submitted only upon petition to
the Director to restore jurisdiction over the application to the examining
attorney for consideration of the amendment and further examination. The
amendment of an application that is the subject of an inter partes
proceeding before the Trademark Trial and Appeal Board is governed by
§ 2.133.
15. Revise § 2.142(f)(3) and (6) to read as follows:
§ 2.142 Time and manner of ex parte appeals.
* * * * *
(f) * * *
(3) If the further examination does result in an additional ground for
refusal of registration, the examiner and appellant shall proceed as
provided by §§ 2.61, 2.62, and 2.63. If the ground for refusal is made
final, the examiner shall return the application to the Board, which shall
thereupon issue an order allowing the appellant sixty days from the date of
the order to file a supplemental brief limited to the additional ground for
the refusal of registration. If the supplemental brief is not filed by the
appellant within the time allowed, the appeal may be dismissed.
* * * * *
(6) If, during an appeal from a refusal of registration, it appears to
the examiner that an issue not involved in the appeal may render the mark
of the appellant unregistrable, the examiner may, by written request, ask
the Board to suspend the appeal and to remand the application to the
examiner for further examination. If the request is granted, the examiner
and appellant shall proceed as provided by §§ 2.61, 2.62, and 2.63. After
the additional ground for refusal of registration has been withdrawn or
made final, the examiner shall return the application to the Board, which
shall resume proceedings in the appeal and take further appropriate action
with respect thereto.
* * * * *
16. Revise § 2.145(a) to read as follows:
§ 2.145 Appeal to court and civil action.
(a) Appeal to U.S. Court of Appeals for the Federal Circuit. An
applicant for registration, or any party to an interference, opposition, or
cancellation proceeding, or any party to an application to register as a
concurrent user, hereinafter referred to as inter partes proceedings, who
is dissatisfied with the decision of the Trademark Trial and Appeal Board,
and any registrant who has filed an affidavit or declaration under section
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8 or section 71 of the Act or who has filed an application for renewal and
is dissatisfied with the decision of the Director (§§ 2.165, 2.184), may
appeal tothe U.S. Court of Appeals for the Federal Circuit. The appellant
must take the following steps in such an appeal:
* * * * *
17. Revise § 2.146(a)(1) and (g) to read as follows:
§ 2.146 Petitions to the Director.
(a) * * *
(1) From any repeated or final formal requirement of the examiner in the
ex parte prosecution of an application if permitted by § 2.63(a) and (b);
* * * * *
(g) The mere filing of a petition to the Director will not act as a stay
in any appeal or inter partes proceeding that is pending before the
Trademark Trial and Appeal Board nor stay the period for replying to an
Office action in an application except when a stay is specifically
requested and is granted or when §§ 2.63(a) and (b) and 2.65 are applicable
to an ex parte application.
* * * * *
18. 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 application for surrender must 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 qualified to practice under § 11.14 of this
chapter. 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 the registration as to that class (see § 2.173),
rather than surrender. A surrender for cancellation may not subsequently be
withdrawn.
19. Revise § 2.185(a) to read as follows:
§ 2.185 Correcting deficiencies in renewal application.
(a) If the renewal application is filed within the time periods set
forth in section 9(a) of the Act, deficiencies may be corrected after
notification from the Office, as follows:
* * * * *
20. Amend § 2.198(a)(1) by revising paragraphs (a)(1)(vi) and
(a)(1)(vii), and adding new paragraph (a)(1)(viii), to read as follows:
§ 2.198 Filing of correspondence by "Express Mail."
(a)(1) * * *
(vi) Renewal requests under section 9 of the Act;
(vii) Requests to change or correct addresses; and
(viii) Affidavits of use under section 71 of the Act.
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* * * * *
PART 6 - CLASSIFICATION OF GOODS AND SERVICES UNDER THE TRADEMARK ACT
21. The authority citation for 37 CFR Part 6 continues to read as
follows:
Authority: 15 U.S.C. 1123, 35 U.S.C. 2, unless otherwise noted.
22. Revise § 6.1, paragraph 5., to read as follows:
§ 6.1 International schedule of classes of goods and services.
* * * * *
5. Pharmaceutical and veterinary preparations; sanitary preparations
for medical purposes; dietetic food and substances adapted for medical or
veterinary use, food for babies; dietary supplements for humans and
animals; plasters, materials for dressings; material for stopping teeth,
dental wax; disinfectants; preparations for destroying vermin; fungicides,
herbicides.
* * * * *
PART 7 - RULES OF PRACTICE IN FILINGS PURSUANT TO THE PROTOCOL RELATING TO
THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS
23. 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.
24. Revise § 7.11(a)(3)(ii) to read as follows:
§ 7.11 Requirements for international application originating from the
United States.
(a) * * *
(3) * * *
(ii) If the mark in the basic application or registration is depicted in
black-and-white and includes a color claim, an international application
filed on paper must include both a black-and-white reproduction of the mark
and a color reproduction of the mark, and an international application
filed electronically must include a color reproduction of the mark.
* * * * *
25. Revise § 7.23(a)(5) and (6) to read as follows:
§ 7.23 Requests for recording assignments at the International Bureau.
* * * * *
(a) * * *
(5) A statement that, after a good faith effort, the assignee could not
obtain the assignor's signature for the request to record the assignment,
signed and verified (sworn to) or supported by a declaration under § 2.20
of this chapter;
(6) An indication that the assignment applies to the designation to the
United States or an international registration that is based on a U.S.
application or registration;
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* * * * *
26. Revise § 7.24(b)(5)(ii) and (b)(7) to read as follows:
§ 7.24 Requests to record security interest or other restriction of
holder's rights of disposal or release of such restriction submitted
through the Office.
* * * * *
(b) * * *
(5) * * *
(ii) Where the restriction is the result of an agreement between the
holder of the international registration and the party restricting the
holder's right of disposal, a statement that after a good faith effort,
the signature of the holder of the international registration could not be
obtained for the request to record the restriction, or release of the
restriction, signed and verified (sworn to) or supported by a declaration
under § 2.20 of this chapter;
* * * * *
(7) An indication that the restriction, or the release of the
restriction, of the holder's right of disposal of the international
registration applies to the designation to the United States or an
international registration that is based on a U.S. application or
registration; and
* * * * *
27. Revise § 7.25(a) to read as follows:
§ 7.25 Sections of part 2 applicable to extension of protection.
(a) Except for §§ 2.21 - 2.23, 2.76, 2.88, 2.89, 2.130 - 2.131,
2.160 - 2.166, 2.168, 2.173, 2.175, 2.181 - 2.186 and 2.197, all sections
in part 2 and all sections in part 11 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.
* * * * *
28. Amend § 7.31 by revising the introductory text and paragraphs
(a)(3) and (a)(4), and adding new paragraph (a)(5) to read as follows:
§ 7.31 Requirements for transformation of an extension of protection to
the United States into a U.S. application.
If the International Bureau cancels an international registration in
whole or in part, under Article 6(4) of the Madrid Protocol, the holder of
that international registration may file a request to transform the goods
and/or services to which the cancellation applies in the corresponding
pending or registered extension of protection to the United States into an
application under section 1 or 44 of the Act.
(a) * * *
(3) Identify the goods and/or services to be transformed, if other than
all the goods and/or services that have been cancelled;
(4) The application filing fee for at least one class of goods or
services required by § 2.6(a)(1) of this chapter; and
(5) An e-mail address for receipt of correspondence from the Office.
* * * * *
January 15, 2014 MICHELLE K. LEE
Deputy Under Secretary of Commerce for
Intellectual Property and Deputy Director
United States Patent and Trademark Office
| Changes in Requirements for Collective Trademarks and Service Marks, Collective Membership Marks, and Certification Marks |
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Parts 2 and 7
[Docket No. PTO-T-2013-0027]
RIN 0651-AC89
Changes in Requirements for Collective Trademarks and
Service Marks, Collective Membership Marks, and Certification Marks
AGENCY: United States Patent and Trademark Office, Commerce
ACTIONS: Notice of Proposed Rulemaking
SUMMARY: The United States Patent and Trademark Office ("USPTO") proposes
to amend the rules related to collective trademarks, collective service
marks, and collective membership marks (together "collective marks"), and
certification marks to clarify application requirements, allegations of use
requirements, multiple-class application requirements, and registration
maintenance requirements for such marks. These proposed rule changes will
codify current USPTO practice set forth in the USPTO's "Trademark Manual of
Examining Procedure" ("TMEP") and precedential case law. These changes also
will permit the USPTO to provide the public more detailed guidance
regarding registering and maintaining registrations for these types of
marks and will promote the efficient and consistent processing of such
marks. Further, the USPTO proposes to amend several rules beyond those
related to collective marks and certification marks to create consistency
with rule changes regarding such marks and to streamline the rules, by
consolidating text and incorporating headings, for easier use.
DATES: Written comments must be received on or before May 21, 2014 to
ensure consideration.
ADDRESSES: The USPTO prefers that comments be submitted via electronic mail
message to TMFRNotices@uspto.gov. Written comments also may be submitted by
mail to Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA
22313-1451, attention Cynthia Lynch; by hand delivery to the Trademark
Assistance Center, Concourse Level, James Madison Building-East Wing, 600
Dulany Street, Alexandria, Virginia, attention Cynthia 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. All
comments submitted directly to the USPTO or provided on the Federal
eRulemaking Portal should include the docket number (PTO-T-2013-0027).
Written comments will be available for public inspection on the USPTO's Web
site at http://www.uspto.gov as well as at the Federal eRulemaking Portal,
and at the Office of the Commissioner for Trademarks, Madison East, Tenth
Floor, 600 Dulany Street, Alexandria, Virginia. Because comments will be
made available for public inspection, information that is not desired to be
made public, such as an address or phone number, should not be included.
FOR FURTHER INFORMATION CONTACT: Cynthia Lynch, Office of the Deputy
Commissioner for Trademark Examination Policy, at (571) 272-8742 or
tmpolicy@uspto.gov.
SUPPLEMENTARY INFORMATION
Executive Summary: Purpose: The proposed rules will benefit the public
by providing more comprehensive and specific guidance regarding registering
collective marks and certification marks. The current rules incorporate by
reference the trademark and service mark application rules; however,
wording in the trademark and service mark application rules sometimes may
not be specifically suited to collective and certification mark
applications. Therefore, the USPTO proposes to revise the rules in parts 2
and 7 of title 37 of the Code of Federal Regulations to codify current
USPTO practice in TMEP sections 1302, 1303 et seq., 1304, and 1306, and to
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state clearly and provide sufficient detail regarding the requirements for
collective and certification mark applications. The USPTO also seeks to
harmonize registration maintenance requirements with application
requirements where appropriate.
Further, proposed rule changes beyond those related to collective marks
and certification marks will provide consistency with changes made
regarding those marks and streamline the rules, by consolidating text and
incorporating headings, for easier use.
To provide additional context for the ensuing discussion of the amended
and revised rules regarding collective marks and certification marks, the
following is a brief description of those types of marks.
There are two types of collective marks as defined by section 45 of the
Trademark Act of 1946, as amended ("the Act"): (1) collective trademarks
or collective service marks; and (2) collective membership marks. 15 U.S.C.
1127. A collective trademark or collective service mark is used by members
of a collective organization to identify and distinguish their goods or
services from those of nonmembers. TMEP section 1303. By contrast,
collective membership marks are used by members of a collective
organization to indicate membership in the collective membership
organization. TMEP section 1304.02.
Certification marks are used by authorized users to indicate the
following: (1) goods or services have been certified as to quality,
materials, or mode of manufacture; (2) goods or services have been
certified to originate in a specific geographic region; and/or (3) the work
labor on goods or for services was certified to have been performed by a
member of a union or other organization, or to certify that the performer
meets certain standards. TMEP section 1306.01. A certification mark is
similar to a collective trademark or collective service mark except that
the users are not members of a collective organization. See TMEP section
1306.09(a). That is, a collective trademark or collective service mark is
used by members of an organization who meet the collective organization's
standards of admission, while a certification mark is used by parties whose
products or services meet the certifying organization's established
standards.
Summary of Major Provisions: As stated above, the USPTO proposes to
revise the rules in parts 2 and 7 of title 37 of the Code of Federal
Regulations to codify current USPTO practice in TMEP sections 1302, 1303
et seq., 1304, and 1306, and to state clearly, and provide sufficient
detail regarding, the requirements for collective and certification mark
applications, as well as to harmonize registration maintenance requirements
with application requirements where appropriate. Further, the USPTO
proposes to revise additional rules within these parts for consistency and
clarity.
Costs and Benefits: This rulemaking is not economically significant
under Executive Order 12866 (Sept. 30, 1993).
Discussion of Specific Rules
The USPTO proposes to amend the following rules: §§ 2.2, 2.20,
2.32-.34, 2.41-2.42, 2.44-2.45, 2.56, 2.59, 2.71, 2.74, 2.76, 2.86,
2.88-2.89, 2.146, 2.161, 2.167, 2.173, 2.175, 2.183, 2.193, 7.1, and 7.37.
PART 2: RULES OF PRACTICE IN TRADEMARK CASES
Rules Applicable to Trademark Cases
The USPTO proposes to amend and add terms to § 2.2, regarding
definitions, to delete repetitious wording elsewhere in the rules wherever
possible. Specifically, the USPTO proposes to amend § 2.2(h) to clarify
that the definition of "international application" is limited to an
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application for international registration seeking an extension of
protection to the United States or a subsequent designation of an
international registration to the United States. The USPTO also proposes
to add § 2.2(i) through (n) to set forth the following new definitions
designation; holder; use in commerce; bona fide intention to use the mark
in commerce; bona fide intention, and is entitled, to exercise legitimate
control over the use of the mark in commerce; and verified statement,
verify, verified, or verification.
Declarations
The USPTO proposes to amend § 2.20, regarding declarations in lieu of
oaths, to delete from the introductory text the term "verification," to
correspond with the definition of that term in § 2.2(n), and to add the
term "declaration."
Application for Registration
The USPTO proposes to amend the rule title of § 2.32 to "Requirements
for a complete trademark or service mark application." In addition, the
USPTO proposes to add § 2.32(f) to cross-reference § 2.44 for the
requirements for collective mark applications, and to add § 2.32(g) to
cross-reference § 2.45 for the requirements for certification mark
applications.
The USPTO proposes to amend § 2.33, regarding verified statements for
trademarks or service marks, to ensure the language corresponds with other
proposed rules, including the proposed new definitions in § 2.2. Also, the
USPTO proposes to add § 2.33(f) to set forth the type of verified statement
required for concurrent use applications under § 2.42. Additionallythe
USPTO proposes to amend the title of § 2.33 to "Verified statement for a
trademark or service mark."
The USPTO proposes to amend § 2.34, regarding filing bases for trademark
or service mark applications, to ensure the language corresponds with other
proposed rules, including the proposed new definitions in § 2.2, to delete
the definition of "commerce" provided in § 2.34(c) as redundant of section
45 of the Act, and to correct a typographical error. The USPTO further
proposes to amend the title to "Bases for filing a trademark or service
mark application." Additionally, the USPTO proposes to amend
§ 2.34(a)(1)(iv) to delete "actually" as a redundant term for consistency
with proposed amendments to § 2.56(b)(2) and (c) regarding specimens,
§ 2.76(b)(2) regarding amendments to allege use, § 2.88(b)(2) regarding
statements of use, and § 2.161(g)(1) regarding affidavits or declarations
of use in commerce or excusable nonuse under section 8 of the Act. Lastly,
the USPTO proposes to revise current § 2.34(b)(1)-(3) by condensing the
text in § 2.34(b), and add the title "More than one basis."
The USPTO proposes to revise § 2.41, regarding proof of distinctiveness
under section 2(f) of the Act, to specify the type of proof required to
establish such a claim for trademarks, service marks, collective marks, and
certification marks, and to make other changes consistent with current
USPTO practice. Specifically, the USPTO proposes to revise § 2.41 as
follows: in § 2.41(a), add the title "For a trademark or service mark" and
set forth in § 2.41(a)(1)-(3) the current text in existing § 2.41; in
§ 2.41(b), add the title "For a collective trademark or collective service
mark" and set forth in § 2.41(b)(1)-(3) the requirements for collective
trademarks or collective service marks. The USPTO also proposes to add the
following to § 2.41: in § 2.41(c), set forth the requirements for
collective membership marks; and in § 2.41(d), set forth the requirements
for certification marks. Further, the USPTO proposes additional revisions
to correspond with the proposed new definitions in § 2.2 and include
subsections with subheadings that set forth the three types of proof that
can be submitted to establish distinctiveness under 15 U.S.C. 1052(f). In
addition, proposed § 2.41(a)(1), (c)(1), and (d)(1) add the term "active"
to clarify and codify current USPTO practice, see TMEP section 1212.04(d),
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that evidence of distinctiveness must be based on ownership of an active
prior registration on the Principal Register or under the Trademark Act of
1905. Further, proposed § 2.41(a)(1) and (d)(1) clarify that such
registration must be for goods or services sufficiently similar to those in
the application, and proposed § 2.41(c)(1) adds that the nature of the
collective membership organization must be sufficiently similar to the prior
registration, and such requirement in proposed § 2.41(a)(1), (d)(1), and
(c)(1) codifies precedential case law and current USPTO practice, see In
re Dial-A-Mattress Operating Corp., 240 F.3d 1341, 1347, 57 USPQ2d 1807,
1812 (Fed. Cir. 2001), In re Rogers, 53 USPQ2d 1741, 1744 (TTAB 1999), TMEP
sections 1212.04(c), 1212.09(a). Lastly, proposed § 2.41(e) excludes from
§ 2.41(d) geographic matter in certification marks that indicate regional
origin, because 15 U.S.C. 1052(e)(2) explicitly excepts such terms in
certification marks including indications of regional origin. See TMEP
section 1306.02.
The USPTO proposes to revise § 2.42, regarding concurrent use
requirements, to incorporate requirements for collective marks and
certification marks, as well as to make other changes consistent with
current USPTO practice. Specifically, the USPTO proposes to revise § 2.42
as follows: add § 2.42(a), to require an application for registration as a
lawful concurrent user to assert use in commerce in accordance with current
USPTO practice, see TMEP section 1207.04(b), and the USPTO's "Trademark
Trial and Appeal Board Manual of Procedure" section 1101.01, to require an
application for concurrent use be for a mark seeking registration on the
Principal Register under the Act, in accordance with current § 2.99(g), and
to include all relevant application requirements, including § 2.44 for
collective marks or § 2.45 for certification marks, if applicable. In
addition, the USPTO proposes to add § 2.42(b) to enumerate the additional
requirements for concurrent use applications set forth in the existing
second sentence of current § 2.42 and to modify such text to incorporate
the requirements for collective marks and certification marks. Further, the
USPTO proposes to add § 2.42(c) to cross-reference current § 2.73,
pertaining to amending an application to recite concurrent use, and to add
§ 2.42(d) to cross-reference current § 2.99, pertaining to concurrent use
proceedings at the Trademark Trial and Appeal Board.
The USPTO proposes to revise § 2.44, regarding collective marks, to
include all requirements for a collective mark application in one rule.
Specifically, the USPTO proposes to revise § 2.44 as follows: in § 2.44(a),
enumerate the application requirements for a collective mark, incorporating
the relevant application requirements from current § 2.32, regarding the
requirements for a complete trademark or service mark application, current
§ 2.44, and current USPTO practice, see TMEP sections 1303.02 et seq. for
collective trademarks and collective service marks, and TMEP section
1304.08(c)-(f) for collective membership marks; and in § 2.44(b), specify
the requirements for a verified statement that was not filed within a
reasonable time after signing or was omitted from the application to
correspond with proposed § 2.33(c) and § 2.34(a)(1)(i), (a)(2), (a)(3)(i),
and (a)(4)(ii). The USPTO also proposes to add the following to § 2.44:
in proposed § 2.44(c), specify the requirements for claiming more than one
filing basis in the application to correspond with proposed § 2.34(b); in
proposed § 2.44(d), specify the requirements for the verification in a
concurrent use application to correspond with proposed § 2.33(f); and in
proposed § 2.44(e), cross-reference the multiple-class application
requirements rule in proposed § 2.86 for consistency with proposed
§ 2.32(e). Further, the USPTO proposes additional revisions to correspond
with the proposed new definitions in § 2.2. Also, the USPTO proposes to
amend the title to "Requirements for a complete collective mark
application" for consistency with the title in proposed § 2.32 regarding
trademark and service mark application requirements.
The USPTO proposes to revise § 2.45, regarding certification marks, to
include all requirements for a certification mark application in one rule,
and to be consistent with the formatting of proposed § 2.44 for collective
mark application requirements. Specifically, the USPTO proposes to revise
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§ 2.45 as follows: in § 2.45(a), enumerate the application requirements
for a certification mark, incorporating the relevant application
requirements from current § 2.32, regarding the requirements for a complete
trademark or service mark application, current § 2.45, and current USPTO
practice, see TMEP sections 1306.06 et seq.; and in § 2.45(b), specify the
requirements for a verified statement that was not filed within a
reasonable time after signing or was omitted from the application to
correspond with proposed § 2.33(c) and § 2.34(a)(1)(i), (a)(2), (a)(3)(i),
and (a)(4)(ii) and proposed § 2.44(b). The USPTO also proposes to add the
following to § 2.45: in proposed § 2.45(c), specify the requirements for
claiming more than one filing basis in the application to correspond with
proposed § 2.34(b) and proposed § 2.44(c); in proposed § 2.45(d), specify
the requirements for the verification in a concurrent use application to
correspond with proposed § 2.33(f) and proposed § 2.44(d); in proposed
§ 2.45(e), cross-reference the multiple-class application requirements rule
in proposed § 2.86 for consistency with proposed § 2.32(e) and proposed
§ 2.44(e); and in proposed § 2.45(f), prohibit a single application from
including both a certification mark and another type of mark, because the
USPTO's databases preclude capturing different legal requirements for
multiple types of marks in a single application, and also prohibit the
registration of the same mark for the same goods and/or services as both
a certification mark and another type of mark, in accordance with sections
4 and 14(5)(B) of the Act and current USPTO practice, see TMEP section
1306.05(a). Further, the USPTO proposes additional revisions to correspond
with the proposed new definitions in § 2.2. Also, the USPTO proposes to
amend the rule title to "Requirements for a complete certification mark
application; restriction on certification mark application" for consistency
with the title of proposed § 2.32 regarding trademark and service mark
application requirements and proposed § 2.44 regarding collective mark
application requirements.
Specimens
The USPTO proposes to amend § 2.56(b)(2) and (c), regarding specimens,
to delete the term "actually" as a redundant term and for consistency with
similar proposed amendments to § 2.34(a)(1)(iv), § 2.76(b)(2),
§ 2.88(b)(2), and § 2.161(g). Additionally, the USPTO proposes to amend
§ 2.56(b)(5) to delete "to certify" and replace it with "to reflect
certification of." Lastly, the USPTO proposes to amend § 2.56(d)(3), to
delete "audio or video cassette tape recording, CD-ROM" and replace it with
"compact disc, digital video disc," in accordance with current practice,
see TMEP section 904.03(d), (f).
The USPTO proposes to amend § 2.59, regarding substitute specimens, to
change existing text to "verified statement" to correspond with § 2.2(n).
Additionally, the USPTO proposes to amend § 2.59(a) to reference substitute
specimens for a collective membership mark.
Amendment of Application
The USPTO proposes to amend § 2.71(a), regarding amendments to the
identification of goods and/or services, to reference amending the
description of the nature of a collective membership mark. In addition, the
USPTO proposes to amend § 2.71(b)-(d) to change existing text to correspond
with § 2.2(n). Further, the USPTO proposes to add § 2.71(e) to set forth
that an amendment that would materially alter a certification statement
pursuant to proposed § 2.45(a)(4)(i)(A) and (a)(4)(ii)(A), is not
permitted, which is consistent with proposed § 2.173(f) regarding such
amendments after registration.
The USPTO proposes to amend § 2.74(b), regarding the form and signature
of an amendment, to change existing text to "verification" to correspond
with § 2.2(n).
The USPTO proposes to amend § 2.76, regarding amendments to allege use,
to include the relevant requirements for collective marks and certification
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marks, and to be consistent with proposed § 2.88 for statements of use.
Specifically, the USPTO proposes to amend § 2.76 as follows: in § 2.76(a),
add the title "When to file an amendment to allege use;" in § 2.76(a)(1)
and (a)(2), include the text from existing § 2.76(a) and (c), except delete
the language regarding the USPTO returning an untimely filed amendment to
allege use because under current practice the USPTO will not return or
review such amendment; in § 2.76(b), add the title "A complete amendment to
allege use" and include in § 2.76(b)(1)-(5) the text from existing
§ 2.76(b) and (c) and the requirements for collective marks and
certification marks, in § 2.76(b)(6), require the title "Amendment to
Allege Use" on the first page of the document for those documents not filed
using the Trademark Electronic Application System (TEAS); in § 2.76(c), add
the title "Minimum filing requirements for a timely filed amendment to
allege use" and include the text from existing § 2.76(e) and change existing
text to "verified statement" to correspond with § 2.2(n); in § 2.76(d), add
the title "Deficiency notification" and include the text from existing
§ 2.76(g); in § 2.76(e), add the title "Notification of refusals and
requirements" and include the text from existing § 2.76(f), except the last
two sentences regarding the USPTO providing notification of acceptance of
an amendment to allege use because current practice is that a notice of
approval for publication provides such notice; in § 2.76(f), add the title
"Withdrawal" and include the text from existing § 2.76(h); in § 2.76(g),
add the title "Verification not filed within reasonable time," and include
the text from existing § 2.76(i) and change existing text to "verified
statement" to correspond with § 2.2(n); in § 2.76(h), add the title "An
amendment to allege use is not a response but may include amendments" and
include the text from the last sentence of existing § 2.76(f) and clarify
that an amendment to allege use may include amendments in accordance with
§ 2.59 and § 2.71 through § 2.75; in § 2.76(i), specify the requirements
for the verification in a concurrent use application under § 2.42; and in
§ 2.76(j), add the title "Multiple-class application."
Classification
The USPTO proposes to amend § 2.86, regarding multiple-class application
requirements, to include the requirements for collective marks and
certification marks, and to make other changes consistent with current
USPTO practice. Specifically, the USPTO proposes to amend § 2.86 as
follows: in § 2.86(a), set forth the requirements for a single trademark,
service mark, and/or collective mark application for multiple classes,
clarifying that such an application must satisfy either the trademark or
service mark application requirements in § 2.32 or the collective mark
application requirements in § 2.44, in addition to providing the applicable
goods, services, or nature of the collective membership organization in
each appropriate international or U.S. class, and providing a fee, dates of
use, and a specimen for each class based on use in commerce or a bona fide
intent statement for each class based on section 1(b), 44, or 66(a) of the
Act; in § 2.86(b), set forth the requirements for a single certification
mark application for goods and services, clarifying that such multiple
class application must satisfy the certification mark application
requirements in § 2.45, in addition to identifying the applicable goods and
services in each appropriate U.S. class for applications filed under
section 1 or 44 or in the international classes assigned by the World
Intellectual Property Organization's International Bureau for applications
filed under section 66(a) of the Act, and providing a fee, dates of use,
and a specimen for each class based on use in commerce or a bona fide
intent statement for each class based on section 1(b), 44, or 66(a) of the
Act; and in § 2.86(c), amend to include the text in the last sentence of
existing § 2.86(a)(3) regarding an applicant not claiming both section 1(a)
and 1(b) of the Act for identical goods or services in a single
application. The USPTO also proposes to add the following to § 2.86: in
proposed § 2.86(d), restrict a single application from including goods or
services in U.S. Classes A and/or B and either goods or services in any
international class or with a collective membership organization in U.S.
Class 200, for consistency with proposed § 2.45(f); in proposed § 2.86(e),
add the text from existing § 2.86(b) regarding multiple-class requirements
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for amendments to allege use and statements of use; and in § 2.86(f), add
the text in existing § 2.86(c) regarding issuing a single registration
certificate for multiple-class applications. Additionally, the USPTO
proposes to amend the rule title to "Multiple-class applications."
Post Notice of Allowance
The USPTO proposes to amend § 2.88, regarding statements of use, to
include the relevant requirements for collective marks and certification
marks, and to be consistent with proposed § 2.76 for amendments to allege
use. Specifically, the USPTO proposes to amend § 2.88 as follows: in
§ 2.88(a), add the title "When to file a statement of use;" in § 2.88(a)(1)
and (a)(2), include the text from existing § 2.88(a), except delete the
language regarding the USPTO returning a premature statement of use filed
prior to issuance of a notice of allowance because under current practice
the USPTO will not return or review such amendment, and include the text
from existing § 2.88(c), except for the last sentence; in § 2.88(b), add
the title "A complete statement of use," include in § 2.88 (b)(1)-(3) the
text from existing § 2.88(b), in § 2.88(b)(1)(iii) additionally include the
last sentence from existing § 2.88(c), in § 2.88(b)(1)(iv) additionally
include the text from existing § 2.88(i)(1)-(2), in § 2.88 (b)(6) require
the title "Statement of Use" on the first page of the document for those
documents not filed using the TEAS, and in § 2.88(b) incorporate the
requirements for collective marks and certification marks and change
existing text to "verified statement" to correspond with§ 2.2(n); in
§ 2.88(c), add the title "Minimum filing requirements for a timely filed
statement of use," include the text in § 2.88(c), change existing text to
"verified statement" to correspond with § 2.2(n); in § 2.88(d), add the
title "Deficiency notification" and include the text from existing
§ 2.88(g), except for the last sentence; in § 2.88(e), add the title
"Notification of refusals and requirements" and include the text from
existing § 2.88(f), except delete the language regarding the USPTO
providing notification of acceptance of a statement of use because the
registration certificate provides such notice; in § 2.88(f), add the title
"Statement of use may not be withdrawn" and include the text in the last
sentence of existing § 2.88(g); in § 2.88(g), add the title "Verification
not filed within reasonable time," include the text from existing
§ 2.88(k), and change existing text to "verified statement" to correspond
with § 2.2(n); in § 2.88(h), add the title "Amending the application,"
include the text from the second to last sentence of existing § 2.88(f),
and specify that statements of use may include amendments in accordance
with § 2.51, § 2.59, and § 2.71 through § 2.75, as the TEAS on-line
statement of use form will now accept such amendments within the same form;
in § 2.88(i), add the requirements for the verification in a concurrent use
application under § 2.42; in § 2.88(j), add the title "Multiple-class
application" and include the text from existing § 2.88(l); and in
§ 2.88(k), add the title "Abandonment" and include the text from existing
§ 2.88(h). Additionally, the USPTO proposes to amend the rule title to
"Statement of use after notice of allowance."
The USPTO proposes to amend § 2.89, regarding submitting a request for
an extension of time to file a statement of use ("extension request"), to
include the relevant requirements for collective marks and certification
marks as well as to make other changes consistent with current USPTO
practice. The USPTO proposes to amend § 2.89 as follows: in § 2.89(a), add
the title "First extension request after issuance of notice of allowance;"
in § 2.89(a)(3), change existing text to "verified statement" to correspond
with § 2.2(n), and incorporate the requirements for collective marks and
certification marks; in § 2.89(b), add the title "Subsequent extension
requests" and a cross-reference in proposed § 2.89(b)(2) to proposed
§ 2.89(a)(2), as the fee requirements are the same for first and subsequent
extension requests; in § 2.89(c), add the title "Four subsequent extension
requests permitted;" in § 2.89(d), add the title "Good cause," enumerate in
proposed § 2.89(d)(1)-(3) the requirements for showing good cause for all
marks, including collective marks and certification marks, and include the
text from existing § 2.89(d) in (d)(1); in § 2.89(e), add the title
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"Extension request filed in conjunction with or after a statement of use"
and amend the current text for clarity; in § 2.89(f), add the title "Goods
or services" and incorporate the requirements for collective marks and
certification marks; in § 2.89(g), add the title "Notice of grant or
denial;" and in § 2.89(h), add the title "Verification not filed within
reasonable time," incorporate the requirements for collective marks and
certification marks, and change existing text to "verified statement" to
correspond with § 2.2(n).
Petitions and Action by the Director
The USPTO proposes to amend § 2.146(c), regarding petitions to the
Director, to change existing text to "verified statements" to correspond
with § 2.2(n). Additionally, the USPTO proposes to amend § 2.146(d) to
specify that a petition regarding a cancelled or expired registration must
be submitted to the Office within two months of the date when Office
records are updated to show the registration as cancelled or expired, to
ensure that all interested parties will be able to accurately determine the
deadline for filing a petition under these circumstances.
Cancellation for Failure to File Affidavit or Declaration
The USPTO proposes to amend § 2.161, regarding affidavits or
declarations of use in commerce or excusable nonuse under section 8 of the
Act, to include the relevant requirements for collective marks and
certification marks, to change existing text to correspond with § 2.2, and
to make other changes consistent with current USPTO practice. The USPTO
proposes to amend § 2.161(g) to cross-reference current § 2.56 regarding
specimens and remove § 2.161(g)(1)-(3), as similar language appears in
current § 2.56. The USPTO proposes to add § 2.161(i) and (j), as follows,
to include requirements for collective marks and certification marks to
harmonize the USPTO's post registration practice with current examination
practice, and to be consistent with proposed § 7.37(i)-(j), regarding
affidavits or declarations of use in commerce or excusable nonuse under
section 71 of the Act: in § 2.161(i), add the title "Additional
requirements for a collective mark" and the additional requirements for
such marks, see TMEP sections 1303.01, 1303.02(c)(i), 1304.08(f)(i)-(ii);
in § 2.161(j), add the title "Additional requirements for a certification
mark" and the additional requirements for such marks, see TMEP section
1306.06(f)(i)-(iii), (f)(v). The USPTO also proposes to add § 2.161(k) to
cross-reference to § 7.37 regarding the requirements for a complete
affidavit or declaration of use in commerce or excusable nonuse for a
registration with an underlying application based on section 66(a). The
sunset provision in current § 2.161(h)(3), in which § 2.161(h)(2) will no
longer be applied after June 21, 2014, to affidavits or declarations filed
under section 8 of the Act, is not altered by this rulemaking.
Affidavit or Declaration Under Section 15
The USPTO proposes to amend § 2.167, regarding an affidavit or
declaration of incontestability under section 15 of the Act, to include the
relevant requirements for collective marks and certification marks, to
change existing text to "verified" to correspond with § 2.2(n), and to make
other changes consistent with current USPTO practice. Specifically, the
USPTO proposes to amend § 2.167(f) to delete the last sentence of the
existing rule because, under current USPTO practice, notification
acknowledging receipt of the affidavit or declaration only issues if the
requirements of § 2.167(a) through (g) have been satisfied, consistent with
proposed § 2.167(i). See TMEP section 1605. The USPTO also proposes to add
§ 2.167(h), (i), (j), and (k), as follows, to clarify current USPTO
practice: in § 2.167(h), clarify that notification will be provided to an
owner that an affidavit or declaration cannot be acknowledged if the
affidavit or declaration fails to satisfy any requirements in paragraphs
§ 2.167(a) through (g), that the affidavit or declaration will be abandoned
if a response is not received in the time specified in the notification;
in § 2.167(i), clarify that a notice of acknowledgement will only issue if
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an affidavit or declaration satisfies § 2.167(a) through (g); in
§ 2.167(j), clarify that an affidavit or declaration may be abandoned by
petitioning the Director under § 2.146 either before or after a notice of
acknowledgement issues; and in § 2.167(k), clarify that a new affidavit or
declaration with a new fee may be filed if an affidavit or declaration is
abandoned. See TMEP section 1605.
Correction, Disclaimer, Surrender, Etc.
The USPTO proposes to amend § 2.173, regarding an amendment to a
registration, to include the relevant requirements for collective marks and
certification marks, to change existing text to correspond with § 2.2, and
to make other changes consistent with current USPTO practice. The USPTO
proposes to make the following amendments to § 2.173: in § 2.173(b)(2),
cross-reference § 2.193(e)(6), regarding trademark signature requirements,
and delete the language in this subsection that is similar to wording in
current § 2.193(e)(6); in § 2.173(d), clarify that an amendment that would
materially alter the mark will not be permitted in accordance with section
7(e) of the Act; in § 2.173(e), amend the title to "Amendment of
identification of goods, services, or collective membership organization,"
and in the text of (e), add a reference to a description of the nature of
the collective membership organization; and in § 2.173(f), amend the title
to "Amendment of certification statement for certification marks" and set
forth the prohibition regarding amending a certification statement, as
specified in proposed § 2.45(a)(4)(i)(A) and (a)(4)(ii)(A), in accordance
with section 7(e) of the Act and for consistency with proposed § 2.71(e).
The USPTO proposes to redesignate current § 2.173(f) as § 2.173(g), and
redesignate current § 2.173(g) as § 2.173(h). The USPTO also proposes to
add § 2.173(i) with the heading "No amendment to add or delete a section
2(f) claim of acquired distinctiveness" to clarify that the USPTO will not
permit an amendment seeking the addition or elimination of a claim of
acquired distinctiveness, just as an owner cannot amend a registration
from the Supplemental to the Principal Register. See TMEP section 1609.09.
The USPTO proposes to amend § 2.175(b)(2), regarding correcting an
owner's mistake, to change existing text to "verified" to correspond with
§ 2.2(n).
Term and Renewal
The USPTO proposes to amend § 2.183(d), regarding requirements for a
renewal application, to specify that a renewal application may cover less
than all the classes in a registration, in addition to covering less than
all the goods or services in a registration.
General Information and Correspondence in Trademark Cases
The USPTO proposes to amend § 2.193, regarding trademark correspondence
and signature requirements, to correct a typographical error in
§ 2.193(c)(2), to change existing text in § 2.193(e)(1) to correspond with
§ 2.2(n), and to revise the final sentence of § 2.193(f) to delete
reference to § 10.23(c)(15) and instead refer to § 11.804, as part 10 of
this chapter has been removed and reserved and the content in § 11.804
corresponds with content previously set out in § 10.23.
PART 7: RULES OF PRACTICE IN FILINGS PURSUANT TO THE PROTOCOL RELATING
TO THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS
Subpart A - General Information
The USPTO proposes to amend § 7.1, regarding definitions, to add
§ 7.1(f), which incorporates by reference the definitions in proposed
§ 2.2(k) and (n), to apply to filings pursuant to the Protocol relating to
the Madrid Agreement concerning the international registration of marks.
Subpart F - Affidavit Under Section 71 of the Act for Extension of
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Protection to the United States
The USPTO proposes to amend § 7.37, regarding affidavits or declarations
of use in commerce or excusable nonuse under section 71 of the Act, to
include the relevant requirements for collective marks and certification
marks and to change existing text to correspond with § 2.2. Specifically,
the USPTO proposes to add § 7.37(i) and (j) as follows, to include
requirements for collective marks and certification marks so as to
harmonize the USPTO's post registration practice with current examination
practice, and to be consistent with proposed § 2.161(i)-(j), regarding
affidavits or declarations of use in commerce or excusable nonuse under
section 8 of the Act: in proposed § 7.37(i), add the title "Additional
requirements for a collective mark" and the additional requirements for
such marks, see TMEP sections 1303.01, 1303.02(c)(i), 1304.08(f)(i)-(ii),
1904.02(d); in proposed § 7.37(j), add the title "Additional requirements
for a certification mark" and additional requirements for such marks, see
TMEP sections 1306.06(f)(i)-(iii), (f)(v), 1904.02(d). The sunset provision
in current § 7.37(h)(3), in which § 7.37(h)(2) will no longer be applied
after June 21, 2014, to affidavits or declarations filed under section 71
of the Act, is not altered by this rulemaking.
Rulemaking Considerations
Administrative Procedure Act: The changes in this proposed rulemaking
involve rules of agency practice and procedure, and/or interpretive rules.
See Nat'l Org. of Veterans' Advocates v. Sec'y of Veterans Affairs, 260
F.3d 1365, 1375 (Fed. Cir. 2001) (rule that clarifies interpretation of a
statute is interpretive); Bachow Commc'ns Inc. v. FCC, 237 F.3d 683, 690
(D.C. Cir. 2001) (rules governing an application process are procedural
under the Administrative Procedure Act); Inova Alexandria Hosp. v. Shalala,
244 F.3d 342, 350 (4th Cir. 2001) (rules for handling appeals were
procedural where they did not change the substantive standard for reviewing
claims).
Accordingly, prior notice and opportunity for public comment for the
changes in this proposed rulemaking are not required pursuant to 5 U.S.C.
553(b) or (c), or any other law. See Cooper Techs. Co. v. Dudas, 536 F.3d
1330, 1336-37 (Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35
U.S.C. 2(b)(2)(B), does not require notice and comment rulemaking for
"interpretative rules, general statements of policy, or rules of agency
organization, procedure, or practice," quoting 5 U.S.C. 553(b)(A)). The
USPTO, however, is publishing these proposed rule changes for comment as it
seeks the benefit of the public's views regarding collective and
certification marks.
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 Act analysis, nor a certification under
the Regulatory Flexibility Act (5 U.S.C. 601, et seq.), is required. See 5
U.S.C. 603.
In addition, for the reasons set forth herein, the Deputy General
Counsel for General Law of the United States Patent and Trademark Office
(USPTO) has certified to the Chief Counsel for Advocacy of the Small
Business Administration that rule changes proposed in this document will
not have a significant economic impact on a substantial number of small
entities. See 5 U.S.C. 605(b).
To the extent the rule changes proposed in this document primarily
codify existing USPTO practice set forth in the TMEP and precedential case
law regarding collective marks and certification marks, those proposed
rule changes impose no new burdens on applicants and registration owners.
Some rule changes have been proposed to harmonize registration maintenance
requirements with current application requirements. The USPTO also has
proposed to change existing practice regarding maintenance requirements
regarding certification marks to require filers of the first affidavit of
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use after registration in registrations based on Trademark Act Sections 44
and 66(a) to submit certification standards, and to require that all filers
of such affidavits submit updated standards if the standards have changed
or a statement indicating they have not. The USPTO does not collect or
maintain statistics in trademark cases on small versus large entity
applicants, and this information would be required in order to precisely
calculate the number of small entities that would be affected. However,
these proposed rule changes will have no impact on the vast majority of
trademark owners, and only a slight effect on the very small subset of
certification mark registrations, where standards previously have not been
provided, or change post registration. Certification marks account for
approximately 0.2% of the total number of registered marks in the USPTO
database (approximately 4,000 registrations out of a total of approximately
2,000,000 registrations). For fiscal year 2013, affidavits of use for all
filers have totaled approximately 170,000 of which approximately 0.2%, or
340 affidavits, were submitted for certification mark registrations. Of
those 340 affidavits, only a small subset will be required to include
certification standards or revised standards. Even in the event that
standards must be submitted, the burden is quite minimal, as it merely
involves attaching an already existing document to a filing that must
otherwise be made to maintain the registration. For these reasons, the
proposed rule changes will not have a significant economic impact on a
substantial number of small entities.
Executive Order 12866 (Regulatory Planning and Review): The proposed
rulemaking has been determined to be not significant for purposes of
Executive Order 12866 (Sept. 30, 1993).
Executive Order 13563 (Improving Regulation and Regulatory Review): The
USPTO has complied with Executive Order 13563 (Jan. 18, 2011).
Specifically, the USPTO has, to the extent feasible and applicable: (1)
made a reasoned determination that the benefits justify the costs of the
proposed rule changes; (2) tailored the proposed rules to impose the least
burden on society consistent with obtaining the regulatory objectives;
(3) selected a regulatory approach that maximizes net benefits; (4)
specified performance objectives; (5) identified and assessed available
alternatives; (6) provided the public with a meaningful opportunity to
participate in the regulatory process, including soliciting the views of
those likely affected prior to issuing a notice of proposed rulemaking, and
provided on-line access to the rulemaking docket; (7) attempted to promote
coordination, simplification, and harmonization across government agencies
and identified goals designed to promote innovation; (8) considered
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public; and (9) ensured the objectivity of scientific and
technological information and processes, to the extent applicable.
Executive Order 13132 (Federalism): This proposed rulemaking does not
contain policies with federalism implications sufficient to warrant
preparation of a Federalism Assessment under Executive Order 13132 (Aug. 4,
1999).
Congressional Review Act: Under the Congressional Review Act provisions
of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
801 et seq.), prior to issuing any final rule, the USPTO will submit a
report containing the final rule and other required information to the
U.S. Senate, the U.S. House of Representatives, and the Comptroller General
of the Government Accountability Office. The changes proposed in this
document are not expected to result in an annual effect on the economy of
100 million dollars or more, a major increase in costs or prices, or
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of United States-based enterprises
to compete with foreign-based enterprises in domestic and export markets.
Therefore, this document is not expected to result in a "major rule" as
defined in 5 U.S.C. 804(2).
Unfunded Mandates Reform Act of 1995: The changes set forth in this
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proposed rulemaking do not involve a Federal intergovernmental mandate that
will result in the expenditure by State, local, and tribal governments, in
the aggregate, of 100 million dollars (as adjusted) or more in any one
year, or a Federal private sector mandate that will result in the
expenditure by the private sector of 100 million dollars (as adjusted) or
more in any one year, and will not significantly or uniquely affect small
governments. Therefore, no actions are necessary under the provisions of
the Unfunded Mandates Reform Act of 1995. See 2 U.S.C. 1501 et seq.
Paperwork Reduction Act: This proposed rulemaking involves information
collection requirements which are subject to review by the U.S. Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). The USPTO has determined that there would be no new
information collection requirements or impacts to existing information
collection requirements associated with this proposed rulemaking. The
collections of information involved in this proposed rulemaking have been
reviewed and previously approved by OMB under control numbers 0651-0009,
0651-0050, 0651-0051, 0651-0054, 0651-0055, 0651-0056, and 0651-0061.
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 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 USPTO proposes to amend
parts 2 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. Amend § 2.2 as follows:
a. Revise paragraphs (f) and (h).
b. Add paragraphs (i) through (n).
§ 2.2 Definitions.
* * * * *
(f) The acronym TEAS means the Trademark Electronic Application System,
available at http://www.uspto.gov.
* * * * *
(h) The term international application as used in this part means an
application seeking an extension of protection of an international
registration to the United States or a subsequent designation of the
international registration to the United States, and is filed under the
Protocol Relating to the Madrid Agreement Concerning the International
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Registration of Marks. See section 60 of the Act.
(i) The term subsequent designation as used in this part means a request
for extension of protection of an international registration to the United
States made after the International Bureau registers the mark.
(j) The term holder as used in this part means the natural or juristic
person in whose name an international registration seeking an extension of
protection to the United States is recorded on the International Register.
See section 60 of the Act.
(k) The term use in commerce as used in this part means, in addition to
the definition in section 45 of the Act:
(1) For a trademark or service mark, use of the mark in commerce by an
applicant or owner on or in connection with the goods or services specified
in a U.S. application, amendment to allege use, statement of use, or
affidavit or declaration of use or excusable nonuse;
(2) For a collective trademark or collective service mark, use of the
mark in commerce by members on or in connection with the goods or services
specified in a U.S. application, amendment to allege use, statement of use,
or affidavit or declaration of use or excusable nonuse;
(3) For a collective membership mark, use of the mark in commerce by
members to indicate membership in the collective organization as specified
in a U.S. application, amendment to allege use, statement of use, or
affidavit or declaration of use or excusable nonuse; and
(4) For a certification mark, use of the mark in commerce by authorized
users on or in connection with the goods or services specified in a U.S.
application, amendment to allege use, statement of use, or affidavit or
declaration of use or excusable nonuse.
(l) The term bona fide intention to use the mark in commerce as used in
this part means, for a trademark or service mark, that an applicant or
holder has a bona fide intention to use the mark in commerce on or in
connection with the goods or services specified in a U.S. application
or international application.
(m) The term bona fide intention, and is entitled, to exercise
legitimate control over the use of the mark in commerce as used in this
part means:
(1) For a collective trademark or collective service mark, that an
applicant or holder has a bona fide intention, and is entitled, to exercise
legitimate control over the use of the mark in commerce by members on or in
connection with the goods or services specified in a U.S. application or
international application;
(2) For a collective membership mark, that an applicant or holder has a
bona fide intention, and is entitled, to exercise legitimate control over
the use of the mark in commerce by members to indicate membership in the
collective organization as specified in a U.S. application or international
application; and
(3) For a certification mark, that an applicant or holder has a bona
fide intention, and is entitled, to exercise legitimate control over the
use of the mark in commerce by authorized users on or in connection with
the goods or services specified in a U.S. application or international
application.
(n) The term verified statement, and the terms verify, verified, or
verification as used in this part refers to a statement that is sworn to,
made under oath or in an affidavit, or supported by a declaration under
§ 2.20 or 28 U.S.C. 1746, and signed in accordance with the requirements
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of § 2.193.
3. Revise the introductory text to § 2.20 to read as follows:
§ 2.20 Declarations in lieu of oaths.
Instead of an oath, affidavit, or sworn statement, the language of 28
U.S.C. 1746, or the following declaration language, may be used:
* * * * *
4. Amend § 2.32 as follows:
a. Revise the section heading and paragraphs (a)(3)(ii), (a)(6), and (c).
b. Add paragraphs (f) and (g).
§ 2.32 Requirements for a complete trademark or service mark application.
(a) * * *
(3) * * *
(iii) If the applicant is a domestic partnership, the names and
citizenship of the general partners; or
* * * * *
(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 U.S. application
filed under section 44 of the Act, the scope of the goods or services
covered by the section 44 basis may not exceed the scope of the goods or
services in the foreign application or registration;
* * * * *
(c) The application must include a drawing that meets the requirements
of § 2.51 and § 2.52.
* * * * *
(e) For the requirements of a multiple-class application, see § 2.86.
(f) For the requirements of all collective mark applications, see § 2.44.
(g) For the requirements of a certification mark application, see § 2.45.
5. Revise § 2.33 to read as follows:
§ 2.33 Verified statement for a trademark or service mark.
(a) The application must include a verified statement.
(b)(1) In an application under section 1(a) of the Act, the verified
statement must allege:
That the applicant believes the applicant is the owner of the mark; that
the mark is in use in commerce; that to the best of the signatory'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 such 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.
(2) In an application under section 1(b) or 44 of the Act, the verified
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statement must allege:
That the applicant has a bona fide intention to use the mark in
commerce; that the applicant believes the applicant is entitled to use the
mark in commerce on or in connection with the goods or services specified
in the application; that to the best of the signatory'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 such other person, to cause confusion
or mistake, or to deceive; and that the facts set forth in the application
are true.
(c) If the verified statement in paragraph (b)(1) or (b)(2) of this
section is not filed within a reasonable time after it is signed, the
Office may require the applicant to submit a substitute verified statement
attesting, as of the filing date, that the mark has been in use in commerce
or the applicant has had a bona fide intention to use the mark in commerce.
(d) [Reserved]
(e) In an application under section 66(a) of the Act, the verified
statement, which is part of the international registration on file with the
International Bureau, must allege that:
(1) The applicant/holder has a bona fide intention to use the mark in
commerce;
(2) The signatory is properly authorized to execute the declaration on
behalf of the applicant/holder;
(3) The signatory believes the applicant/holder to be entitled to use
the mark in commerce that the U.S. Congress can regulate on or in
connection with the goods or services specified in the international
application/registration; and
(4) To the best of his/her knowledge and belief, no other person, firm,
corporation, association, or other legal entity has the right to use the
mark in commerce either in the identical form thereof or in such near
resemblance thereto as to be likely, when used on or in connection with the
goods or services of such other person, firm, corporation, association, or
other legal entity, to cause confusion, or to cause mistake, or to deceive.
(f) In an application for concurrent use under § 2.42, the verified
statement in paragraph (b)(1) of this section must be modified to indicate
that no other person except as specified in the application has the right
to use the mark in commerce.
6. Amend § 2.34 as follows:
a. Revise the section heading and paragraphs (a) introductory text,
(a)(1) introductory text, (a)(1)(i), (a)(1)(iii) through (a)(1)(v), (a)(2),
(a)(3) introductory text, (a)(3)(i), (a)(3)(iii), (a)(4) introductory text,
(a)(4)(i)(B), (a)(4)(ii), (a)(4)(iii), (a)(5), and (b); and
b. Remove paragraph (c).
§ 2.34 Bases for filing a trademark or service mark application.
(a) An application for a trademark or service mark must include one or
more of the following five filing bases:
(1) Use in commerce under section 1(a) of the Act. The requirements for
an application under section 1(a) of the Act are:
(i) The applicant's verified statement that the mark is in use in
commerce. If the verified statement is not filed with the initial
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application, the verified statement must also allege that the mark has been
in use in commerce as of the application filing date;
* * * * *
(iii) The date of the applicant's first use of the mark in commerce;
(iv) One specimen showing how the applicant uses the mark in commerce;
and
(v) If the application specifies more than one item of goods or services
in a class, the dates of use in paragraphs (a)(1)(ii) and (iii) of this
section are required for only one item of goods or services specified in
that class.
(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 the applicant has a
bona fide intention to use the mark in commerce. If the verified statement
is not filed with the initial application, the verified statement must also
allege that the applicant has had a bona fide intention to use the mark in
commerce as of the application filing date.
(3) Registration of a mark in a foreign applicant's country of origin
under section 44(e) of the Act. The requirements for an application under
section 44(e) of the Act are:
(i) The applicant's verified statement that the applicant has a bona
fide intention to use the mark in commerce. If the verified statement is
not filed with the initial application, the Office will require submission
of the verified statement, which must also allege that the applicant has
had a bona fide intention to use the mark in commerce as of the application
filing date.
* * * * *
(iii) If the record indicates that the foreign registration will expire
before the U.S. registration will issue, the applicant must submit a true
copy, a photocopy, a certification, or a certified copy of a proof of
renewal from the applicant's country of origin to establish that the
foreign registration has been renewed and will be in full force and effect
at the time the U.S. registration will issue. If the proof of renewal is
not in the English language, the applicant must submit a translation.
(4) Claim of priority, based upon an earlier-filed foreign application,
under section 44(d) of the Act. The requirements for an application under
section 44(d) of the Act are:
(i) * * *
(B) State that the application is based upon a subsequent regularly
filed application in the same foreign country, and that any prior-filed
application has been withdrawn, abandoned, or otherwise disposed of,
without having been laid open to public inspection and without having any
rights outstanding, and has not served as a basis for claiming a right of
priority.
(ii) The applicant's verified statement that the applicant has a bona
fide intention to use the mark in commerce. If the verified statement is
not filed with the initial application, the Office will require submission
of the verified statement, which must also allege that the applicant
has had a bona fide intention to use the mark in commerce as of the
application filing date.
(iii) Before the application can be approved for publication, or for
registration on the Supplemental Register, the applicant must establish
a basis under section 1 or 44 of the Act.
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(5) Extension of protection of an international registration under
section 66(a) of the Act. In an application under section 66(a) of the Act,
the international application or subsequent designation requesting an
extension of protection to the United States must contain a signed
declaration that meets the requirements of § 2.33(a), (e).
(b) More than one basis. In an application under section 1 or 44 of the
Act, an applicant may claim more than one basis, provided the applicant
satisfies all requirements for the bases claimed. In such case, the
applicant must specify each basis, followed by the goods or services to
which that basis applies. An applicant must specify the goods or services
covered by more than one basis. Section 1(a) and 1(b) of the Act may not
both be claimed for identical goods or services in the same application. A
basis under section 66(a) of the Act may not be combined with another
basis.
7. Revise § 2.41 to read as follows:
§ 2.41 Proof of distinctiveness under section 2(f).
(a) For a trademark or service mark - (1) Ownership of prior
registration(s). In appropriate cases, ownership of one or more prior
active registrations on the Principal Register or under the Trademark Act
of 1905 of the same mark may be accepted as prima facie evidence of
distinctiveness if the goods or services are sufficiently similar to the
goods or services in the application; however, further evidence may be
required.
(2) Five years substantially exclusive and continuous use in commerce.
In appropriate cases, if a trademark or service mark is said to have become
distinctive of the applicant's goods or services by reason of the
applicant's substantially exclusive and continuous use of the mark in
commerce for the five years before the date on which the claim of
distinctiveness is made, a showing by way of verified statements in the
application may be accepted as prima facie evidence of distinctiveness;
however, further evidence may be required.
(3) Other evidence. When registration is sought for a trademark or
service mark that would be unregistrable by reason of section 2(e) of the
Act, but which is said by the applicant to have become distinctive in
commerce of the applicant's goods or services, the applicant may, in
support of registrability, submit with the application, or in response to a
request for evidence or to a refusal to register, verified statements,
depositions, or other appropriate evidence showing duration, extent, and
nature of the use in commerce and advertising expenditures in connection
therewith (identifying types of media and attaching typical
advertisements), and verified statements, letters or statements from the
trade or public, or both, or other appropriate evidence of distinctiveness.
(b) For a collective trademark or collective service mark -
(1) Ownership of prior registration(s). See the requirements of paragraph
(a)(1) of this section.
(2) Five years substantially exclusive and continuous use in commerce.
In appropriate cases, if a collective trademark or collective service mark
is said to have become distinctive of the members' goods or services by
reason of the members' substantially exclusive and continuous use of the
mark in commerce for the five years before the date on which the claim of
distinctiveness is made, a showing by way of verified statements in the
application may be accepted as prima facie evidence of distinctiveness;
however, further evidence may be required.
(3) Other evidence. When registration is sought for a collective
trademark or service mark that would be unregistrable by reason of section
2(e) of the Act, but which is said by the applicant to have become
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distinctive in commerce of the members' goods or services, the applicant
may, in support of registrability, submit with the application, or in
response to a request for evidence or to a refusal to register, verified
statements, depositions, or other appropriate evidence showing duration,
extent, and nature of the use in commerce, and advertising expenditures in
connection therewith (identifying types of media and attaching typical
advertisements), and verified statements, letters or statements from the
trade or public, or both, or other appropriate evidence of distinctiveness.
(c) For a collective membership mark - (1) Ownership of prior
registration(s). In appropriate cases, ownership of one or more prior
active registrations on the Principal Register or under the Act of 1905 of
the same mark may be accepted as prima facie evidence of distinctiveness if
the goods, services, or nature of the collective membership organization
are sufficiently similar to the collective membership organization in the
application; however, further evidence may be required.
(2) Five years substantially exclusive and continuous use in commerce.
In appropriate cases, if a collective membership mark is said to have
become distinctive of indicating membership in the applicant's collective
membership organization by reason of the members' substantially exclusive
and continuous use of the mark in commerce for the five years before the
date on which the claim of distinctiveness is made, a showing by way of
verified statements in the application may be accepted as prima facie
evidence of distinctiveness; however, further evidence may be required.
(3) Other evidence. When registration is sought for a collective
membership mark that would be unregistrable by reason of section 2(e) of
the Act, but which is said by the applicant to have become distinctive in
commerce of indicating membership in the applicant's collective membership
organization, the applicant may, in support of registrability, submit with
the application, or in response to a request for evidence or to a refusal
to register, verified statements, depositions, or other appropriate
evidence showing duration, extent, and nature of the members' use in
commerce, and advertising expenditures in connection therewith (identifying
types of media and attaching typical advertisements), and verified
statements, letters or statements from the trade or public, or both, or
other appropriate evidence of distinctiveness.
(d) For a certification mark - (1) Ownership of prior certification mark
registration(s). In appropriate cases, ownership of one or more prior
active certification mark registrations on the Principal Register or under
the Act of 1905 of the same mark may be accepted as prima facie evidence of
distinctiveness if the authorized users' goods or services are sufficiently
similar to the goods or services certified in the application, subject to
the limitations of the statement set forth in § 2.45(a)(4)(i)(C); however,
further evidence may be required.
(2) Five years substantially exclusive and continuous use in commerce.
In appropriate cases, if a certification mark is said to have become
distinctive of the certified goods or services by reason of the authorized
users' substantially exclusive and continuous use of the mark in commerce
for the five years before the date on which the claim of distinctiveness is
made, a showing by way of verified statements in the application may be
accepted as prima facie evidence of distinctiveness; however, further
evidence may be required.
(3) Other evidence. When registration is sought for a certification mark
that would be unregistrable by reason of section 2(e) of the Act, but which
is said by the applicant to have become distinctive of the certified goods
or services program, the applicant may, in support of registrability,
submit with the application, or in response to a request for evidence or to
a refusal to register, verified statements, depositions, or other
appropriate evidence showing duration, extent, and nature of the authorized
users' use in commerce and advertising expenditures in connection therewith
(identifying types of media and attaching typical advertisements), and
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verified statements, letters or statements from the trade or public, or
both, or other appropriate evidence of distinctiveness.
(e) Paragraph (d) does not apply to geographical matter in a
certification mark pursuant to section 2(e)(2) of the Act.
8. Revise § 2.42 to read as follows:
§ 2.42 Concurrent use.
(a) Prior to seeking concurrent use, an application for registration on
the Principal Register under the Act must assert use in commerce and
include all the application elements required by the preceding sections, in
addition to § 2.44 or § 2.45, if applicable.
(b) The applicant must also include a verified statement that indicates
the following, to the extent of the applicant's knowledge:
(1) For a trademark or service mark, the geographic area in which the
applicant is using the mark in commerce; for a collective mark or
certification mark, the geographic area in which the applicant's members
or authorized users are using the mark in commerce;
(2) For a trademark or service mark, the applicant's goods or services;
for a collective trademark, collective service mark, or certification mark,
the applicant's members' or authorized users' goods or services; for a
collective membership mark, the nature of the applicant's collective
membership organization;
(3) The mode of use for which the applicant seeks registration;
(4) The concurrent users' names and addresses;
(5) The registrations issued to or applications filed by such concurrent
users, if any;
(6) For a trademark or service mark, the geographic areas in which the
concurrent user is using the mark in commerce; for a collective mark or
certification mark, the geographic areas in which the concurrent user's
members or authorized users are using the mark in commerce;
(7) For a trademark or service mark, the concurrent user's goods or
services; for a collective trademark, collective service mark, or
certification mark, the concurrent user's members' or authorized users'
goods or services; for a collective membership mark, the nature of
the concurrent user's collective membership organization;
(8) The mode of use by the concurrent users or the concurrent users'
members or authorized users; and
(9) The time periods of such use by the concurrent users or the
concurrent users' members or authorized users.
(c) For the requirements to amend an application to concurrent use, see
§ 2.73.
(d) For the requirements of a concurrent use proceeding, see § 2.99.
9. Revise § 2.44 to read as follows:
§ 2.44 Requirements for a complete collective mark application.
(a) A complete application to register a collective trademark,
collective service mark, or collective membership mark must include the
following:
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(1) The requirements specified in § 2.32 (a) introductory text-(a)(4),
(a)(8)-(10), (c)-(d);
(2)(i) For a collective trademark or collective service mark, a list of
the particular goods or services on or in connection with which the
applicant's members use or intend to use the mark; or
(ii) For a collective membership mark, a description of the nature of
the membership organization such as by type, purpose, or area of activity
of the members; and
(iii) In a U.S. application filed under section 44 of the Act, the scope
of the goods or services or the nature of the membership organization
covered by the section 44 basis may not exceed the scope of the goods or
services or nature of the membership organization in the foreign
application or registration.
(3)(i) For a collective trademark or collective service mark application,
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; or
(ii) For a collective membership mark application filed under sections
1 or 44 of the Act, classification in U.S. Class 200; and for a collective
membership mark application filed under section 66(a) of the Act, the
international class(es) assigned by the International Bureau in the
corresponding international registration.
(4) One or more of the following five filing bases:
(i) Use in commerce under section 1(a) of the Act. The requirements for
an application under section 1(a) of the Act are:
(A) A statement specifying the nature of the applicant's control over
the use of the mark by the members;
(B) For a collective trademark or collective service mark, the date of
the applicant's member's first use of the mark anywhere on or in connection
with the goods or services and the date of the applicant's member's first
use of the mark in commerce; or for a collective membership mark, the date
of the applicant's member's first use anywhere to indicate membership in
the collective organization and the date of the applicant's member's first
use in commerce. If the application specifies more than one item of goods
or services in a class, the dates of use are required for only one item of
goods or services specified in that class;
(C) One specimen showing how a member uses the mark in commerce; and
(D) A verified statement alleging:
That the applicant believes the applicant is the owner of the mark; that
the mark is in use in commerce; that the applicant is exercising legitimate
control over the use of the mark in commerce by members on or in connection
with the goods, services, or collective membership organization specified
in the application; that to the best of the signatory's knowledge and
belief, no other persons except members have the right to use the mark in
commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods, services, or
collective membership organization of such other persons to cause confusion
or mistake, or to deceive; that the specimen shows the mark as used in
commerce by the applicant's members; and that the facts set forth in the
application are true.
(ii) Intent-to-use under section 1(b) of the Act. The requirement for an
application based on section 1(b) of the Act is a verified statement
alleging:
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That the applicant has a bona fide intention, and is entitled, to
exercise legitimate control over the use in commerce of the mark; that to
the best of the signatory's knowledge and belief, no other persons, except
members, have the right to use the mark in commerce, either in the
identical form or in such near resemblance as to be likely, when used on or
in connection with the goods, services, or collective membership
organization of such other persons, to cause confusion or mistake, or to
deceive; and that the facts set forth in the application are true.
(iii) Registration of a mark in a foreign applicant's country of origin
under section 44(e) of the Act. The requirements for an application under
section 44(e) of the Act are:
(A) The requirements of § 2.34(a)(3)(ii)-(iii); and
(B) A verified statement in accordance with paragraph (a)(4)(ii) of this
section.
(iv) Claim of priority, based upon an earlier-filed foreign application,
under section 44(d) of the Act. The requirements for an application under
section 44(d) of the Act are:
(A) The requirements of § 2.34(a)(4)(i), (iii); and
(B) A verified statement in accordance with paragraph (a)(4)(ii) of this
section.
(v) Extension of protection of an international registration under
section 66(a) of the Act. The requirement for an application under section
66(a) of the Act is a verified statement, which is part of the
international registration on file with the International Bureau, alleging
that:
(A) The applicant/holder has a bona fide intention, and is entitled, to
exercise legitimate control over the use of the mark in commerce;
(B) The signatory is properly authorized to execute the declaration on
behalf of the applicant/holder; and
(C) to the best of his/her knowledge and belief, no other person, firm,
corporation, association, or other legal entity, except members, has the
right to use the mark in commerce either in the identical form thereof or
in such near resemblance thereto as to be likely, when used on or in
connection with the goods, services, or collective membership organization
of such other person, firm, corporation, association, or other legal
entity, to cause confusion, or to cause mistake, or to deceive.
(b) Verification not filed within reasonable time or omitted - (1) If
the verified statement in paragraph (a)(4)(i)(D), (a)(4)(ii),
(a)(4)(iii)(B), or (a)(4)(iv)(B) of this section is not filed within
a reasonable time after it is signed, the Office may require a substitute
verified statement attesting, as of the application filing date, that the
mark has been in use in commerce or the applicant has had a bona fide
intention, and is entitled, to exercise legitimate control over the use
of the mark in commerce; or
(2) If the verified statement in paragraph (a)(4)(i)(D), (a)(4)(ii),
(a)(4)(iii)(B), or (a)(4)(iv)(B) of this section is not filed with the
initial application, the verified statement must also allege that, as of
the application filing date, the mark has been in use in commerce, or the
applicant has had a bona fide intention, and is entitled, to exercise
legitimate control over the use of the mark in commerce.
(c) More than one basis. In an application under section 1 or 44 of the
Act, an applicant may claim more than one basis, provided the applicant
satisfies all requirements for the bases claimed. In such case, the
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applicant must specify each basis, followed by the goods or services to
which that basis applies. An applicant must specify the goods or services
covered by more than one basis. Section 1(a) and 1(b) of the Act may not
both be claimed for identical goods or services in the same application.
A basis under section 66(a) of the Act may not be combined with another
basis.
(d) In an application for concurrent use under § 2.42, the verified
statement in paragraph (a)(4)(i)(D) of this section must be modified to
indicate that no other persons except members and the concurrent users as
specified in the application have the right to use the mark in commerce.
(e) Multiple-class applications. For the requirements of a
multiple-class application, see § 2.86.
10. Revise § 2.45 to read as follows:
§ 2.45 Requirements for a complete certification mark application;
restriction on certification mark application.
(a) A complete application to register a certification mark must include
the following:
(1) The requirements specified in § 2.32 (a) introductory text-(a)(4),
(a)(8)-(10), (c)-(d);
(2) A list of the particular goods or services on or in connection with
which the applicant's authorized users use or intend to use the mark. In an
application filed under section 44 of the Act, the scope of the goods or
services covered by the section 44 basis may not exceed the scope of the
goods or services in the foreign application or registration;
(3) For applications filed under section 1 or 44 of the Act,
classification in U.S. Class A for an application certifying goods and U.S.
Class B for an application certifying services. For applications filed
under section 66(a) of the Act, the international class(es) of goods or
services assigned by the International Bureau in the corresponding
international registration;
(4) One or more of the following five filing bases:
(i) Use in commerce under section 1(a) of the Act. The requirements for
an application under section 1(a) of the Act are:
(A) A statement specifying what the applicant is certifying about the
goods or services in the application;
(B) A copy of the certification standards governing use of the
certification mark on or in connection with the goods or services specified
in the application;
(C) A statement that the applicant is not engaged in the production or
marketing of the goods or services to which the mark is applied, except to
advertise or promote recognition of the certification program or of the
goods or services that meet the certification standards of the applicant;
(D) The date of the applicant's authorized user's first use of the mark
anywhere on or in connection with the goods or services and the date of the
applicant's authorized user's first use of the mark in commerce. If the
application specifies more than one item of goods or services in a class,
the dates of use are required for only one item of goods or services
specified in that class;
(E) One specimen showing how an authorized user uses the mark in
commerce; and
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(F) A verified statement alleging: That the applicant believes the
applicant is the owner of the mark; that the mark is in use in commerce;
that the applicant is exercising legitimate control over the use of the
mark in commerce by authorized users on or in connection with the goods or
services specified in the application; that to the best of the signatory's
knowledge and belief, no other persons except authorized users have the
right to use the mark in commerce, either in the identical form or in such
near resemblance as to be likely, when used on or in connection with the
goods or services of such other persons, to cause confusion or mistake, or
to deceive; that the specimen shows the mark as used in commerce by the
applicant's authorized users; and that the facts set forth in the
application are true.
(ii) Intent-to-use under section 1(b) of the Act. The requirements for
an application based on section 1(b) of the Act are:
(A) A statement specifying what the applicant will be certifying about
the goods or services;
(B) A statement that the applicant will not engage in the production or
marketing of the goods or services to which the mark is applied, except to
advertise or promote recognition of the certification program or of the
goods or services that meet the certification standards of the applicant;
and
(C) A verified statement alleging: That the applicant has a bona fide
intention, and is entitled, to exercise legitimate control over the use of
the mark in commerce; that to the best of the signatory's knowledge and
belief, no other persons, except authorized users, have the right to use
the mark in commerce, either in the identical form or in such near
resemblance as to be likely, when used on or in connection with the goods
or services of such other persons, to cause confusion or mistake, or to
deceive; and that the facts set forth in the application are true.
(iii) Registration of a mark in a foreign applicant's country of origin
under section 44(e) of the Act. The requirements for an application under
section 44(e) of the Act are:
(A) The requirements of § 2.34(a)(3)(ii)-(iii);
(B) The requirements of § 2.45(a)(4)(ii)(A), (B); and
(C) A verified statement in accordance with § 2.45(a)(4)(ii)(C).
(iv) Claim of priority, based upon an earlier-filed foreign application,
under section 44(d) of the Act. The requirements for an application under
section 44(d) of the Act are:
(A) The requirements of § 2.34(a)(4)(i), (iii);
(B) The requirements of § 2.45(a)(4)(ii)(A), (B); and
(C) A verified statement in accordance with § 2.45(a)(4)(ii)(C).
(v) Extension of protection of an international registration under
section 66(a) of the Act.
The requirements for an application under section 66(a) of the Act are:
(A) The requirements of § 2.45(a)(4)(ii)(A), (B); and
(B) A verified statement, which is part of the international
registration on file with the International Bureau, alleging that:
(1) The applicant/holder has a bona fide intention, and is entitled,
to exercise legitimate control over the use of the mark in commerce;
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(2) The signatory is properly authorized to execute the declaration on
behalf of the applicant/holder; and
(3) To the best of his/her knowledge and belief, no other person, firm,
corporation, association, or other legal entity, except authorized users,
has the right to use the mark in commerce either in the identical form
thereof or in such near resemblance thereto as to be likely, when used on
or in connection with the goods or services of such other person, firm,
corporation, association, or other legal entity, to cause confusion, or to
cause mistake, or to deceive.
(b) Verification not filed within reasonable time or omitted - (1) If
the verified statement in paragraph (a)(4)(i)(F), (a)(4)(ii)(C),
(a)(4)(iii)(C), or (a)(4)(iv)(C) of this section is not filed within a
reasonable time after it is signed, the Office may require the applicant to
submit a substitute verified statement attesting that, as of the
application filing date, the mark has been in use in commerce or the
applicant has had a bona fide intention, and is entitled, to exercise
legitimate control over the use of the mark in commerce; or
(2) If the verified statement in paragraph (a)(4)(i)(F), (a)(4)(ii)(C),
(a)(4)(iii)(C), or (a)(4)(iv)(C) of this section is not filed with the
initial application, the verified statement must also allege that, as of
the application filing date, the mark has been in use in commerce, or
applicant has had a bona fide intention, and is entitled, to exercise
legitimate control over the use of the mark in commerce.
(c) More than one basis. In an application under section 1 or 44 of the
Act, an applicant may claim more than one basis, provided the applicant
satisfies all requirements for the bases claimed. In such case, the
applicant must specify each basis, followed by the goods or services to
which that basis applies. An applicant must specify the goods or services
covered by more than one basis. Section 1(a) and 1(b) of the Act may not
both be claimed for identical goods or services in the same application.
A basis under section 66(a) of the Act may not be combined with another
basis.
(d) Concurrent use. In an application for concurrent use under § 2.42,
the verified statement in paragraph (a)(4)(i)(F) of this section must be
modified to indicate that no other persons except authorized users and
concurrent users as specified in the application have the right to use the
mark in commerce.
(e) Multiple-class applications. For the requirements of a
multiple-class application, see § 2.86.
(f) Restriction on certification mark application. A single application
may not include a certification mark and another type of mark. The same
mark for the same goods or services is not registrable as both a
certification mark and another type of mark. See sections 4 and 14(5)(B) of
the Act.
11. Amend § 2.56 by revising paragraphs (b)(2), (b)(5), (c), and (d)(3) to
read as follows:
§ 2.56 Specimens.
* * * * *
(b) * * *
(2) A service mark specimen must show the mark as used in the sale or
advertising of the services.
* * * * *
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(5) A certification mark specimen must show how a person other than the
owner uses the mark to reflect certification of regional or other origin,
material, mode of manufacture, quality, accuracy, or other characteristics
of that person's goods or services; or that members of a union or other
organization performed the work or labor on the goods or services.
(c) A photocopy or other reproduction of a specimen of the mark as used
on or in connection with the goods, or in the sale or advertising of the
services, is acceptable. However, a photocopy of the drawing required by
§ 2.51 is not a proper specimen.
* * * * *
(d) * * *
(3) In the absence of non-bulky alternatives, the Office may accept a
compact disc, digital video disc, or other appropriate medium.
* * * * *
12. Amend § 2.59 by revising paragraphs (a), (b)(1), and (b)(2) to read as
follows:
§ 2.59 Filing substitute specimen(s).
(a) In an application under section 1(a) of the Act, the applicant may
submit substitute specimens of the mark as used on or in connection with
the goods or in the sale or advertising of the services, or as used to
indicate membership in the collective organization. The applicant must
submit a verified statement that the substitute specimen was in use in
commerce at least as early as the filing date of the application. The
verified statement is not required if the specimen is a duplicate or
facsimile of a specimen already of record in the application.
(b) * * *
(1) For an amendment to allege use under § 2.76, submit a verified
statement that the applicant used the substitute specimen(s) in commerce
prior to filing the amendment to allege use.
(2) For a statement of use under § 2.88, submit a verified statement
that the applicant used the substitute specimen(s) in commerce either prior
to filing the statement of use or prior to the expiration of the deadline
for filing the statement of use.
13. Amend § 2.71 as follows:
a. Revise paragraphs (a) through (b), the introductory text of paragraph
(c), and paragraph (d).
b. Add paragraph (e).
§ 2.71 Amendments to correct informalities.
* * * * *
(a) The applicant may amend the application to clarify or limit, but
not to broaden, the identification of goods and/or services or the
description of the nature of the collective membership organization.
(b)(1) If the verified statement in an application under § 2.33 is
unsigned or signed by the wrong party, the applicant may submit a
substitute verification.
(2) If the verified statement in a statement of use under § 2.88, or a
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request for extension of time to file a statement of use under § 2.89, is
unsigned or signed by the wrong party, the applicant must submit a
substitute verification before the expiration of the statutory deadline for
filing the statement of use.
(c) The applicant may amend the dates of use, provided that the
amendment is verified, except that the following amendments are not
permitted:
* * * * *
(d) The applicant may amend the application to correct the name of the
applicant, if there is a mistake in the manner in which the name of the
applicant is set out in the application. The amendment must be verified.
However, the application cannot be amended to set forth a different entity
as the applicant. An application filed in the name of an entity that did
not own the mark as of the filing date of the application is void.
(e) An amendment that would materially alter the certification statement
specified in § 2.45(a)(4)(i)(A) or § 2.45(a)(4)(ii)(A) will not be
permitted.
14. Revise § 2.74(b) to read as follows:
§ 2.74 Form and signature of amendment.
* * * * *
(b) Signature. A request for amendment of an application 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
qualified to practice under § 11.14 of this chapter, in accordance with
the requirements of § 2.193(e)(2). If the amendment requires verification,
see § 2.2(n).
15. Revise § 2.76 to read as follows:
§ 2.76 Amendment to allege use.
(a) When to file an amendment to allege use. (1) An application under
section 1(b) of the Act may be amended to allege use of the mark in
commerce under section 1(c) of the Act at any time between the filing of
the application and the date the examiner approves the mark for
publication. Thereafter, an allegation of use may be submitted only as a
statement of use under § 2.88 after the issuance of a notice of allowance
under section 13(b)(2) of the Act. An amendment to allege use filed outside
the time period specified in this paragraph will not be reviewed.
(2)(i) For a trademark, service mark, collective trademark, collective
service mark, and certification mark, an amendment to allege use may be
filed only when the mark has been in use in commerce on or in connection
with all the goods or services specified in the application, for which the
applicant will seek registration. For a collective membership mark, an
amendment to allege use may be filed only when the mark has been in use in
commerce to indicate membership in the collective organization specified in
the application, for which the applicant will seek registration.
(ii) An amendment to allege use may be accompanied by a request in
accordance with § 2.87 to divide out from the application the goods,
services, or classes not yet in use in commerce.
(b) A complete amendment to allege use. A complete amendment to allege
use must include the following:
(1) A verified statement alleging:
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(i) The applicant believes the applicant is the owner of the mark;
(ii) The mark is in use in commerce;
(iii) The date of first use of the mark anywhere on or in connection
with the goods or services, and/or to indicate membership in the collective
organization specified in the application, and the date of first use of the
mark in commerce. If the amendment to allege use specifies more than one
item of goods or services in a class, the dates of use are required for
only one item of goods or services specified in that class;
(iv) The goods, services, and/or nature of the collective membership
organization specified in the application; and
(v) For a collective mark and certification mark, the applicant is
exercising legitimate control over the use in commerce of the mark.
(2) One specimen showing how the applicant, member, or authorized user
uses the mark in commerce. See § 2.56 of this chapter for the requirements
for specimens;
(3) The fee per class required by § 2.6;
(4) For a collective mark, the requirements of § 2.44(a)(4)(i)(A);
(5) For a certification mark, the requirements of
§ 2.45(a)(4)(i)(A)-(C); and
(6) The title "Amendment to Allege Use" should appear at the top of the
first page of the document, if not filed through TEAS.
(c) Minimum filing requirements for a timely filed amendment to allege
use. The Office will review a timely filed amendment to allege use to
determine whether it meets the following minimum requirements:
(1) The fee required by § 2.6 for at least one class;
(2) One specimen of the mark as used in commerce; and
(3) The verified statement in paragraph (b)(1)(ii) of this section.
(d) Deficiency notification. If the amendment to allege use is filed
within the permitted time period but does not meet the minimum requirements
specified in paragraph (c) of this section, the Office will notify the
applicant of the deficiency. The deficiency may be corrected provided the
mark has not been approved for publication. If an acceptable amendment to
correct the deficiency is not filed prior to approval of the mark for
publication, the amendment will not be examined, and the applicant must
instead file a statement of use after the notice of allowance issues.
(e) Notification of refusals and requirements. A timely filed amendment
to allege use that meets the minimum requirements specified in paragraph
(c) of this section will be examined in accordance with § 2.61 through
§ 2.69. If, as a result of the examination of the amendment to allege use,
the applicant is found not entitled to registration for any reason not
previously stated, the applicant will be notified and advised of the
reasons and of any formal requirements or refusals. The notification shall
restate or incorporate by reference all unresolved refusals or requirements
previously stated. The amendment to allege use may be amended in accordance
with § 2.59 and § 2.71 through § 2.75.
(f) Withdrawal. An amendment to allege use may be withdrawn for any
reason prior to approval of a mark for publication.
(g) Verification not filed within reasonable time. If the verified
statement in paragraph (b)(1)(ii) of this section is not filed within a
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reasonable time after it is signed, the Office may require the applicant to
submit a substitute verified statement attesting that the mark is still in
use in commerce.
(h) An amendment to allege use is not a response but may include
amendments. The filing of an amendment to allege use does not constitute
a response to any outstanding action by the examiner. See § 2.62. The
amendment to allege use may include amendments in accordance with § 2.59
and § 2.71 through § 2.75.
(i) In an application for concurrent use under § 2.42, the amendment to
allege use must include a verified statement modified in accordance with
§ 2.33(f), § 2.44(d), or § 2.45(d).
(j) Multiple-class application. For the requirements of a multiple-class
application, see § 2.86.
16. Revise § 2.86 to read as follows:
§ 2.86 Multiple-class applications.
(a) In a single application for a trademark, service mark, and/or
collective mark, an applicant may apply to register the same mark for
goods, services, and/or a collective membership organization in multiple
classes. In a multiple-class application, the applicant must satisfy the
following, in addition to the application requirements of § 2.32 for a
trademark or service mark, and § 2.44 for collective marks:
(1) For an application filed under section 1 or 44 of the Act, identify
the goods or services in each international class and/or the nature of the
collective membership organization in U.S. Class 200; for applications
filed under section 66(a) of the Act, identify the goods, services, and/or
the nature of the collective membership organization in each international
class assigned by the International Bureau in the corresponding
international registration;
(2) Submit the application filing fee required by § 2.6 for each class;
and
(3) Include either dates of use and one specimen for each class based
on section 1(a) of the Act; or a statement that the applicant has a bona
fide intention to use the mark in commerce, for a trademark or service
mark, or a statement that the applicant has a bona fide intention, and is
entitled, to exercise legitimate control over the use of the mark in
commerce, for collective marks, for each class based on section 1(b), 44,
or 66(a) of the Act. When requested by the Office, additional specimens
must be provided.
(b) In a single application for a certification mark, an applicant may
apply to register the same mark for goods and services. In such case, the
applicant must satisfy the following, in addition to the application
requirements of § 2.45:
(1) For an application filed under section 1 or 44 of the Act, identify
the goods in U.S. Class A and the services in U.S. Class B; for
applications filed under section 66(a) of the Act, identify the goods and
services in each international class assigned by the International Bureau
in the corresponding international registration;
(2) Submit the application filing fee required by § 2.6 for both
classes; and
(3) Include either dates of use and one specimen for each class based
on section 1(a) of the Act; or a statement that the applicant has a bona
fide intention, and is entitled, to exercise legitimate control over the
use of the mark in commerce for each class based on section 1(b), 44,
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or 66(a) of the Act. When requested by the Office, additional specimens
must be provided.
(c) In a single application, both section 1(a) and 1(b) of the Act may
not be claimed for identical goods or services.
(d) In a single application, goods or services in U.S. Classes A and/or
B may not be combined with either goods or services in any international
class or with a collective membership organization in U.S. Class 200.
See § 2.45(f).
(e) An amendment to allege use under § 2.76 or a statement of use under
§ 2.88 for multiple classes must include, for each class, the required fee,
dates of use, and one specimen. When requested by the Office, additional
specimens must be provided. The applicant may not file an amendment to
allege use or a statement of use until the applicant has used the mark on
or in connection with all the goods, services, or classes, unless the
applicant also files a request to divide under § 2.87.
(f) The Office will issue a single certificate of registration for the
mark, unless the applicant files a request to divide under § 2.87.
17. Revise § 2.88 to read as follows:
§ 2.88 Statement of use after notice of allowance.
(a) When to file a statement of use. (1) In an application under section
1(b) of the Act, a statement of use, required 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 filed prior to issuance of a
notice of allowance is premature and will not be reviewed.
(2)(i) For a trademark, service mark, collective trademark, collective
service mark, and certification mark, a statement of use may be filed only
when the mark has been in use in commerce on or in connection with all the
goods or services specified in the notice of allowance, for which the
applicant will seek registration in that application. For a collective
membership mark, a statement of use may be filed only when the mark has
been in use in commerce to indicate membership in the collective membership
organization specified in the notice of allowance, for which the applicant
will seek registration in that application.
(ii) A statement of use may be accompanied by a request in accordance
with § 2.87 to divide out from the application the goods, services, or
classes not yet in use in commerce.
(b) A complete statement of use. A complete statement of use must
include the following:
(1) A verified statement alleging:
(i) The applicant believes the applicant is the owner of the mark;
(ii) The mark is in use in commerce;
(iii) The date of first use of the mark anywhere on or in connection
with the goods, services, and/or to indicate membership in the collective
organization specified in the application, and the date of first use of
the mark in commerce. If the statement of use specifies more than one item
of goods or services in a class, the dates of use are required for only one
item of goods or services specified in that class;
(iv) The goods, services, and/or nature of the collective membership
organization specified in the notice of allowance. The goods or services
specified in a statement of use must conform to those goods or services
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specified in the notice of allowance for trademark, service mark,
collective trademark, collective service mark, or certification mark
applications. Any goods or services specified in the notice of allowance
that are omitted from the identification of goods or services in the
statement of use will be presumed to be deleted and the deleted goods or
services may not be reinserted in the application. For collective
membership mark applications, the description of the nature of the
collective membership organization in the statement of use must conform to
that specified in the notice of allowance; and
(v) For a collective mark and certification mark, the applicant is
exercising legitimate control over the use in commerce of the mark;
(2) One specimen showing how the applicant, member, or authorized user
uses the mark in commerce. See § 2.56 for the requirements for specimens;
(3) Fee(s). The fee required by § 2.6 per class. 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 should specify the classes to be
abandoned. 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 be abandoned, the Office will
issue a notice granting the applicant additional time to submit the fee(s)
for the remaining class(es) or to 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, beginning with the lowest numbered class(es), in ascending
order. The Office will delete the goods or services not covered by the fees
submitted;
(4) For a collective mark, the requirements of § 2.44(a)(4)(i)(A);
(5) For a certification mark, the requirements of
§ 2.45(a)(4)(i)(A)-(C); and
(6) The title "Statement of Use" should appear at the top of the first
page of the document, if not filed through TEAS.
(c) Minimum filing requirements for a timely filed statement of use.
The Office will review a timely filed statement of use to determine whether
it meets the following minimum requirements:
(1) The fee required by § 2.6 for at least one class;
(2) One specimen of the mark as used in commerce; and
(3) The verified statement in paragraph (b)(1) of this section. If this
verified statement is unsigned or signed by the wrong party, the applicant
must submit a substitute verified statement on or before the statutory
deadline for filing the statement of use.
(d) Deficiency notification. If the statement of use is filed within the
permitted time period but does not meet the minimum requirements specified
in paragraph (c) of this section, the Office will notify the applicant of
the deficiency. If the time permitted for the applicant to file a statement
of use has not expired, the applicant may correct the deficiency.
(e) Notification of refusals and requirements. A timely filed statement
of use that meets the minimum requirements specified in paragraph (c) of
this section will be examined in accordance with § 2.61 through § 2.69. If,
as a result of the examination of the statement of use, the applicant is
found not entitled to registration, the applicant will be notified and
advised of the reasons and of any formal requirements or refusals. The
statement of use may be amended in accordance with § 2.59 and § 2.71
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through § 2.75.
(f) Statement of use may not be withdrawn. The applicant may not
withdraw a timely filed statement of use to return to the previous status
of awaiting submission of a statement of use, regardless of whether it is
in compliance with paragraph (c) of this section.
(g) Verification not filed within reasonable time. If the verified
statement in paragraph (b)(1) of this section is not filed within a
reasonable time after it is signed, the Office may require the applicant to
submit a substitute verified statement attesting that the mark is still in
use in commerce.
(h) Amending the application. The statement of use may include
amendments in accordance with § 2.51, § 2.59, and § 2.71 through § 2.75.
(i) In an application for concurrent use under § 2.42, the statement of
use must include a verified statement modified in accordance with
§ 2.33(f), § 2.44(d), or § 2.45(d).
(j) Multiple-class application. For the requirements of a multiple-class
application, see § 2.86.
(k) Abandonment. The failure to timely file a statement of use which
meets the minimum requirements specified in paragraph (c) of this section
shall result in the abandonment of the application.
18. Revise § 2.89 to read as follows:
§ 2.89 Extensions of time for filing a statement of use.
(a) First extension request after issuance of notice of allowance. 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) A written request for an extension of time to file the statement of
use;
(2) The fee required by § 2.6 per class. 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 should specify the classes to be
abandoned. 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 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, beginning with the lowest numbered class(es), in ascending order. The
Office will delete the goods or services not covered by the fees submitted;
and
(3) A verified statement that the applicant continues to have a bona
fide intention to use the mark in commerce, for trademarks or service
marks, or that the applicant continues to have a bona fide intention, and
is entitled, to exercise legitimate control over the use of the mark
commerce, for collective marks or certification marks. If this verified
statement is unsigned or signed by the wrong party, the applicant must
submit a substitute verified statement within six months of the date of
issuance of the notice of allowance.
(b) Subsequent extension requests. Before the expiration of the
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previously granted extension of time, the applicant may request further
six-month extensions of time to file the statement of use by submitting
the following:
(1) A written request for an extension of time to file the statement
of use;
(2) The requirements of paragraph (a)(2) of this section for a fee;
(3) A verified statement that the applicant continues to have a bona
fide intention to use the mark in commerce, for trademarks or service
marks, or that the applicant continues to have a bona fide intention, and
is entitled, to exercise legitimate control over the use of the mark in
commerce, for collective marks or certification marks. If this verified
statement is unsigned or signed by the wrong party, the applicant must
submit a substitute verified statement before the expiration of the
previously granted extension; and
(4) A showing of good cause, as specified in paragraph (d) of this
section.
(c) Four subsequent extension requests permitted. Extension requests
specified in paragraph (b) of this section will be granted only in
six-month increments and may not aggregate more than 24 months total.
(d) Good cause. A showing of good cause must include:
(1) For a trademark or service mark, a statement of the applicant's
ongoing efforts to make use of the mark in commerce on or in connection
with each of the relevant goods or services. Those efforts may include
product or service research or development, market research, manufacturing
activities, promotional activities, steps to acquire distributors, steps to
obtain governmental approval, or other similar activities. In the
alternative, the applicant must submit a satisfactory explanation for the
failure to make efforts to use the mark in commerce.
(2) For a collective mark, a statement of ongoing efforts to make use of
the mark in commerce by members on or in connection with each of the
relevant goods or services or in connection with the applicant's collective
membership organization. Those efforts may include the development of
standards, the steps taken to acquire members such as marketing and
promotional activities targeted to potential members, training members
regarding the standards,or other similar activities. In the alternative,
the applicant must submit a satisfactory explanation for the failure to
make efforts for applicant's members to use the mark in commerce.
(3) For a certification mark, a statement of ongoing efforts to make use
of the mark in commerce by authorized users on or in connection with each
of the relevant goods or services. Those efforts may include the development
of certification standards, steps taken to obtain governmental approval or
acquire authorized users, marketing and promoting the recognition of the
certification program or of the goods or services that meet the
certification standards of the applicant, training authorized users
regarding the standards, or other similar activities. In the alternative,
the applicant must submit a satisfactory explanation for the failure to
make efforts for applicant's authorized users to use the mark in commerce.
(ii) An amendment to allege use may be accompanied by a request in
accordance with § 2.87 to divide out from the application the goods,
services, or classes not yet in use in commerce.
(b) A complete amendment to allege use. A complete amendment to allege
use must include the following:
(1) A verified statement alleging:
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(i) The applicant believes the applicant is the owner of the mark;
(ii) The mark is in use in commerce;
(iii) The date of first use of the mark anywhere on or in connection
with the goods or services, and/or to indicate membership in the collective
organization specified in the application, and the date of first use of the
mark in commerce. If the amendment to allege use specifies more than one
item of goods or services in a class, the dates of use are required for
only one item of goods or services specified in that class;
(iv) The goods, services, and/or nature of the collective membership
organization specified in the application; and
(v) For a collective mark and certification mark, the applicant is
exercising legitimate control over the use in commerce of the mark.
(2) One specimen showing how the applicant, member, or authorized user
uses the mark in commerce. See § 2.56 of this chapter for the requirements
for specimens;
(3) The fee per class required by § 2.6;
(4) For a collective mark, the requirements of § 2.44(a)(4)(i)(A);
(5) For a certification mark, the requirements of
§ 2.45(a)(4)(i)(A)-(C); and
(6) The title "Amendment to Allege Use" should appear at the top of the
first page of the document, if not filed through TEAS.
(c) Minimum filing requirements for a timely filed amendment to allege
use. The Office will review a timely filed amendment to allege use to
determine whether it meets the following minimum requirements:
(1) The fee required by § 2.6 for at least one class;
(2) One specimen of the mark as used in commerce; and
(3) The verified statement in paragraph (b)(1)(ii) of this section.
(d) Deficiency notification. If the amendment to allege use is filed
within the permitted time period but does not meet the minimum requirements
specified in paragraph (c) of this section, the Office will notify the
applicant of the deficiency. The deficiency may be corrected provided the
mark has not been approved for publication. If an acceptable amendment to
correct the deficiency is not filed prior to approval of the mark for
publication, the amendment will not be examined, and the applicant must
instead file a statement of use after the notice of allowance issues.
(e) Notification of refusals and requirements. A timely filed amendment
to allege use that meets the minimum requirements specified in paragraph
(c) of this section will be examined in accordance with § 2.61 through
§ 2.69. If, as a result of the examination of the amendment to allege use,
the applicant is found not entitled to registration for any reason not
previously stated, the applicant will be notified and advised of the
reasons and of any formal requirements or refusals. The notification shall
restate or incorporate by reference all unresolved refusals or
requirements previously stated. The amendment to allege use may be amended
in accordance with § 2.59 and § 2.71 through § 2.75.
(f) Withdrawal. An amendment to allege use may be withdrawn for any
reason prior to approval of a mark for publication.
(g) Verification not filed within reasonable time. If the verified
statement in paragraph (b)(1)(ii) of this section is not filed within a
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reasonable time after it is signed, the Office may require the applicant
to submit a substitute verified statement attesting that the mark is still
in use in commerce.
(h) An amendment to allege use is not a response but may include
amendments. The filing of an amendment to allege use does not constitute a
response to any outstanding action by the examiner. See § 2.62. The
amendment to allege use may include amendments in accordance with § 2.59
and § 2.71 through § 2.75.
(i) In an application for concurrent use under § 2.42, the amendment to
allege use must include a verified statement modified in accordance with
§ 2.33(f), § 2.44(d), or § 2.45(d).
(j) Multiple-class application. For the requirements of a multiple-class
application, see § 2.86.
16. Revise § 2.86 to read as follows:
§ 2.86 Multiple-class applications.
(a) In a single application for a trademark, service mark, and/or
collective mark, an applicant may apply to register the same mark for
goods, services, and/or a collective membership organization in multiple
classes. In a multiple-class application, the applicant must satisfy the
following, in addition to the application requirements of § 2.32 for a
trademark or service mark, and § 2.44 for collective marks:
(1) For an application filed under section 1 or 44 of the Act, identify
the goods or services in each international class and/or the nature of the
collective membership organization in U.S. Class 200; for applications
filed under section 66(a) of the Act, identify the goods, services, and/or
the nature of the collective membership organization in each international
class assigned by the International Bureau in the corresponding
international registration;
(2) Submit the application filing fee required by § 2.6 for each class;
and
(3) Include either dates of use and one specimen for each class based
on section 1(a) of the Act; or a statement that the applicant has a bona
fide intention to use the mark in commerce,for a trademark or service mark,
or a statement that the applicant has a bona fide intention, and is
entitled, to exercise legitimate control over the use of the mark in
commerce, for collective marks, for each class based on section 1(b), 44,
or 66(a) of the Act. When requested by the Office, additional specimens must
be provided.
(b) In a single application for a certification mark, an applicant may
apply to register the same mark for goods and services. In such case, the
applicant must satisfy the following, in addition to the application
requirements of § 2.45:
(1) For an application filed under section 1 or 44 of the Act, identify
the goods in U.S. Class A and the services in U.S. Class B; for
applications filed under section 66(a) of the Act, identify the goods and
services in each international class assigned by the International Bureau
in the corresponding international registration;
(2) Submit the application filing fee required by § 2.6 for both
classes; and
(3) Include either dates of use and one specimen for each class based
on section 1(a) of the Act; or a statement that the applicant has a bona
fide intention, and is entitled, to exercise legitimate control over the
use of the mark in commerce for each class based on section 1(b), 44,
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or 66(a) of the Act. When requested by the Office, additional specimens
must be provided.
(c) In a single application, both section 1(a) and 1(b) of the Act may
not be claimed for identical goods or services.
(d) In a single application, goods or services in U.S. Classes A and/or
B may not be combined with either goods or services in any international
class or with a collective membership organization in U.S. Class 200.
See § 2.45(f).
(e) An amendment to allege use under § 2.76 or a statement of use under
§ 2.88 for multiple classes must include, for each class, the required fee,
dates of use, and one specimen. When requested by the Office, additional
specimens must be provided. The applicant may not file an amendment to
allege use or a statement of use until the applicant has used the mark on
or in connection with all the goods, services, or classes, unless the
applicant also files a request to divide under § 2.87.
(f) The Office will issue a single certificate of registration for the
mark, unless the applicant files a request to divide under § 2.87.
17. Revise § 2.88 to read as follows:
§ 2.88 Statement of use after notice of allowance.
(a) When to file a statement of use. (1) In an application under section
1(b) of the Act, a statement of use, required 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 filed prior to issuance of a
notice of allowance is premature and will not be reviewed.
(2)(i) For a trademark, service mark, collective trademark, collective
service mark, and certification mark, a statement of use may be filed only
when the mark has been in use in commerce on or in connection with all the
goods or services specified in the notice of allowance, for which the
applicant will seek registration in that application. For a collective
membership mark, a statement of use may be filed only when the mark has
been in use in commerce to indicate membership in the collective membership
organization specified in the notice of allowance, for which the applicant
will seek registration in that application.
(ii) A statement of use may be accompanied by a request in accordance
with § 2.87 to divide out from the application the goods, services, or
classes not yet in use in commerce.
(b) A complete statement of use. A complete statement of use must
include the following:
(1) A verified statement alleging:
(i) The applicant believes the applicant is the owner of the mark;
(ii) The mark is in use in commerce;
(iii) The date of first use of the mark anywhere on or in connection
with the goods, services, and/or to indicate membership in the collective
organization specified in the application, and the date of first use of the
mark in commerce. If the statement of use specifies more than one item of
goods or services in a class, the dates of use are required for only one
item of goods or services specified in that class;
(iv) The goods, services, and/or nature of the collective membership
organization specified in the notice of allowance. The goods or services
specified in a statement of use must conform to those goods or services
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specified in the notice of allowance for trademark, service mark,
collective trademark, collective service mark, or certification mark
applications. Any goods or services specified in the notice of allowance
that are omitted from the identification of goods or services in the
statement of use will be presumed to be deleted and the deleted goods or
services may not be reinserted in the application. For collective
membership mark applications, the description of the nature of the
collective membership organization in the statement of use must conform to
that specified in the notice of allowance; and
(v) For a collective mark and certification mark, the applicant is
exercising legitimate control over the use in commerce of the mark;
(2) One specimen showing how the applicant, member, or authorized user
uses the mark in commerce. See § 2.56 for the requirements for specimens;
(3) Fee(s). The fee required by § 2.6 per class. 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 should specify the classes to be
abandoned. 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 be abandoned, the Office will
issue a notice granting the applicant additional time to submit the fee(s)
for the remaining class(es) or to 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, beginning with the lowest numbered class(es), in ascending order. The
Office will delete the goods or services not covered by the fees submitted;
(4) For a collective mark, the requirements of § 2.44(a)(4)(i)(A);
(5) For a certification mark, the requirements of
§ 2.45(a)(4)(i)(A)-(C); and
(6) The title "Statement of Use" should appear at the top of the first
page of the document, if not filed through TEAS.
(c) Minimum filing requirements for a timely filed statement of use.
The Office will review a timely filed statement of use to determine whether
it meets the following minimum requirements:
(1) The fee required by § 2.6 for at least one class;
(2) One specimen of the mark as used in commerce; and
(3) The verified statement in paragraph (b)(1) of this section. If this
verified statement is unsigned or signed by the wrong party, the applicant
must submit a substitute verified statement on or before the statutory
deadline for filing the statement of use.
(d) Deficiency notification. If the statement of use is filed within
the permitted time period but does not meet the minimum requirements
specified in paragraph (c) of this section, the Office will notify the
applicant of the deficiency. If the time permitted for the applicant to
file a statement of use has not expired, the applicant may correct the
deficiency.
(e) Notification of refusals and requirements. A timely filed statement
of use that meets the minimum requirements specified in paragraph (c) of
this section will be examined in accordance with § 2.61 through § 2.69.
If, as a result of the examination of the statement of use, the applicant
is found not entitled to registration, the applicant will be notified and
advised of the reasons and of any formal requirements or refusals. The
statement of use may be amended in accordance with § 2.59 and § 2.71
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through § 2.75.
(f) Statement of use may not be withdrawn. The applicant may not
withdraw a timely filed statement of use to return to the previous status
of awaiting submission of a statement of use, regardless of whether it is
in compliance with paragraph (c) of this section.
(g) Verification not filed within reasonable time. If the verified
statement in paragraph (b)(1) of this section is not filed within a
reasonable time after it is signed, the Office may require the applicant to
submit a substitute verified statement attesting that the mark is still in
use in commerce.
(h) Amending the application. The statement of use may include
amendments in accordance with § 2.51, § 2.59, and § 2.71 through § 2.75.
(i) In an application for concurrent use under § 2.42, the statement of
use must include a verified statement modified in accordance with
§ 2.33(f), § 2.44(d), or § 2.45(d).
(j) Multiple-class application. For the requirements of a multiple-class
application, see § 2.86.
(k) Abandonment. The failure to timely file a statement of use which
meets the minimum requirements specified in paragraph (c) of this section
shall result in the abandonment of the application.
18. Revise § 2.89 to read as follows:
§ 2.89 Extensions of time for filing a statement of use.
(a) First extension request after issuance of notice of allowance. 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) A written request for an extension of time to file the statement of
use;
(2) The fee required by § 2.6 per class. 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 should specify the classes to be
abandoned. 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 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, beginning with the lowest numbered class(es), in ascending order. The
Office will delete the goods or services not covered by the fees submitted;
and
(3) A verified statement that the applicant continues to have a bona
fide intention to use the mark in commerce, for trademarks or service
marks, or that the applicant continues to have a bona fide intention, and
is entitled, to exercise legitimate control over the use of the mark in
commerce, for collective marks or certification marks. If this verified
statement is unsigned or signed by the wrong party, the applicant must
submit a substitute verified statement within six months of the date of
issuance of the notice of allowance.
(b) Subsequent extension requests. Before the expiration of the
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previously granted extension of time, the applicant may request further
six-month extensions of time to file the statement of use by submitting
the following:
(1) A written request for an extension of time to file the statement of
use;
(2) The requirements of paragraph (a)(2) of this section for a fee;
(3) A verified statement that the applicant continues to have a bona
fide intention to use the mark in commerce, for trademarks or service
marks, or that the applicant continues to have a bona fide intention, and
is entitled, to exercise legitimate control over the use of the mark in
commerce, for collective marks or certification marks. If this verified
statement is unsigned or signed by the wrong party, the applicant must
submit a substitute verified statement before the expiration of the
previously granted extension; and
(4) A showing of good cause, as specified in paragraph (d) of this
section.
(c) Four subsequent extension requests permitted. Extension requests
specified in paragraph (b) of this section will be granted only in
six-month increments and may not aggregate more than 24 months total.
(d) Good cause. A showing of good cause must include:
(1) For a trademark or service mark, a statement of the applicant's
ongoing efforts to make use of the mark in commerce on or in connection
with each of the relevant goods or services. Those efforts may include
product or service research or development, market research, manufacturing
activities, promotional activities, steps to acquire distributors, steps to
obtain governmental approval, or other similar activities. In the
alternative, the applicant must submit a satisfactory explanation for the
failure to make efforts to use the mark in commerce.
(2) For a collective mark, a statement of ongoing efforts to make use of
the mark in commerce by members on or in connection with each of the
relevant goods or services or in connection with the applicant's collective
membership organization. Those efforts may include the development of
standards, the steps taken to acquire members such as marketing and
promotional activities targeted to potential members, training members
regarding the standards, or other similar activities. In the alternative,
the applicant must submit a satisfactory explanation for the failure to
make efforts for applicant's members to use the mark in commerce.
(3) For a certification mark, a statement of ongoing efforts to make
use of the mark in commerce by authorized users on or in connection with
each of the relevant goods or services. Those efforts may include the
development of certification standards, steps taken to obtain governmental
approval or acquire authorized users, marketing and promoting the
recognition of the certification program or of the goods or services that
meet the certification standards of the applicant, training authorized
users regarding the standards, or other similar activities. In the
alternative, the applicant must submit a satisfactory explanation for the
failure to make efforts for applicant's authorized users to use the mark
in commerce.
(e) Extension request filed in conjunction with or after a statement of
use. (1) An applicant may file one request for a six-month extension of
time for filing a statement of use when filing a statement of use or after
filing a statement of use if time remains in the existing six-month period
in which the statement of use was filed, provided that the time requested
would not extend beyond 36 months from the date of issuance of the notice
of allowance. Thereafter, applicant may not request any further extensions
of time.
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(2) A request for an extension of time that is filed under paragraph
(e)(1) of this section, must comply with all the requirements of paragraph
(a) of this section, if it is an applicant's first extension request, or
paragraph (b) of this section, if it is a second or subsequent extension
request. However, in a request under paragraph (b) of this section, an
applicant may satisfy the requirement for a showing of good cause by
asserting the applicant believes the applicant has made valid use of the
mark in commerce, as evidenced by the submitted statement of use, but that
if the statement of use is found by the Office to be fatally defective, the
applicant will need additional time in which to file a new statement of
use.
(f) Goods or services. For trademark, service mark, collective
trademark, collective service mark, or certification mark applications,
the goods or services specified in a request for an extension of time for
filing a statement of use must conform to those goods or services specified
in the notice of allowance. Any goods or services specified in the notice
of allowance that are omitted from the identification of goods or services
in the request for extension of time will be presumed to be deleted and the
deleted goods or services may not thereafter be reinserted in the
application. For collective membership mark applications, the description
of the nature of the collective membership organization in the request for
extension of time must conform to that set forth in the notice of
allowance.
(g) Notice of grant or denial. 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 to correct the defects of the prior request. Otherwise,
the only recourse available after denial of a request for an extension of
time is to file 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 expiration of the
previously existing six-month period for filing a statement of use.
(h) Verification not filed within reasonable time. If the verified
statement is not filed within a reasonable time after it is signed, the
Office may require the applicant to submit a substitute verified statement
attesting that the applicant continues to have a bona fide intention to
use the mark in commerce, or the applicant continues to have a bona fide
intention, and is entitled, to exercise legitimate control over the use of
the mark in commerce.
19. Amend § 2.146 by revising paragraphs (c) and (d) 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 petition
must 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 practitioner qualified to practice under § 11.14 of this chapter, in
accordance with the requirements of § 2.193(e)(5). When facts are to be
proved on petition, the petitioner must submit proof in the form of
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verified statements 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, and no later than two months from
the date when Office records are updated to show that the registration has
been cancelled or has expired.
* * * * *
20. Amend § 2.161 as follows:
a. Revise paragraphs (b), (c), (d)(1), (d)(3), and (e) through (g).
b. Add paragraphs (i) through (k).
§ 2.161 Requirements for a complete affidavit or declaration of continued
use or excusable nonuse.
* * * * *
(b) Include a verified statement attesting to the use in commerce or
excusable nonuse of the mark within the period set forth in section 8 of
the Act. This verified statement must be executed on or after the beginning
of the filing period specified in § 2.160(a);
(c) Include the U.S. registration number;
(d)(1) Include the fee required by § 2.6 for each class that the
affidavit or declaration covers;
* * * * *
(3) If at least one fee is submitted for a multiple-class registration,
but the fee is insufficient to cover all the classes, and the class(es) to
which the fee(s) should be applied are not specified, the Office will issue
a notice requiring either submission of the additional fee(s) or
specification of the class(es) to which the initial fee(s) should be
applied. Additional fee(s) may be submitted if the requirements of § 2.164
are met. If the additional fee(s) are not submitted within the time period
set out in the Office action and the class(es) to which the original fee(s)
should be applied are not specified, the Office will presume that the
fee(s) cover the classes in ascending order, beginning with the lowest
numbered class;
(e)(1) Specify the goods, services, or nature of the collective
membership organization for which the mark is in use in commerce, and/or
the goods, services, or nature of the collective membership organization
for which excusable nonuse is claimed under paragraph (f)(2) of this
section; and
(2) Specify the goods, services, or classes being deleted from the
registration, if the affidavit or declaration covers fewer than all the
goods, services, or classes in the registration;
(f)(1) State that the registered mark is in use in commerce; or
(2) If the registered mark is not in use in commerce on or in connection
with all the goods, services, or classes specified in the registration, set
forth the date when such use of the mark in commerce stopped and the
approximate date when such use is expected to resume; and recite facts to
show that nonuse as to those goods, services, or classes is due to special
circumstances that excuse the nonuse and is not due to an intention to
abandon the mark; and
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(g) Include one specimen showing how the mark is in use in commerce for
each class in the registration, unless excusable nonuse is claimed under
paragraph (f)(2) of this section. When requested by the Office, additional
specimens must be provided. The specimen must meet the requirements of
§ 2.56 of this chapter.
* * * * *
(i) Additional requirements for a collective mark. In addition to the
above requirements, a complete affidavit or declaration pertaining to a
collective mark must:
(1) State that the owner is exercising legitimate control over the use
of the mark in commerce; and
(2) State the nature of the owner's control over the use of the mark by
the members in the first affidavit or declaration filed under paragraph
(a) of this section for registrations which issued from an application
based solely on section 44 of the Act.
(j) Additional requirements for a certification mark. In addition to the
above requirements, a complete affidavit or declaration pertaining to a
certification mark must:
(1) Include a copy of the certification standards specified in
§ 2.45(a)(4)(i)(B);
(i) Submitting certification standards for the first time. If the
registration issued from an application based solely on section 44 of the
Act, include a copy of the certification standards in the first affidavit
or declaration filed under paragraph (a) of this section; or
(ii) Certification standards submitted in prior filing. If the
certification standards in use at the time of filing the affidavit or
declaration have not changed since the date they were previously submitted
to the Office, include a statement to that effect; if the certification
standards in use at the time of filing the affidavit or declaration have
changed since the date they were previously submitted to the Office,
include a copy of the revised certification standards;
(2) State that the owner is exercising legitimate control over the use
of the mark in commerce; and
(3) Satisfy the requirements of § 2.45(a)(4)(i)(A), (C).
(k) For requirements of a complete affidavit or declaration of use in
commerce or excusable nonuse for a registration that issued from a section
66(a) basis application, see § 7.37.
21. Amend § 2.167 as follows:
a. Revise the introductory text and paragraphs (a), and (c) through (g).
b. Add paragraphs (h) through (k).
§ 2.167 Affidavit or declaration under section 15.
The affidavit or declaration in accordance with § 2.20 provided by
section 15 of the Act for acquiring incontestability for a mark registered
on the Principal Register or a mark registered under the Trademark Act of
1881 or 1905 and published under section 12(c) of the Act (see § 2.153 of
this chapter) must:
(a) Be verified;
* * * * *
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(c) For a trademark, service mark, collective trademark, collective
service mark, and certification mark, recite the goods or services stated
in the registration on or in connection with which the mark has been in
continuous use in commerce for a period of five years after the date of
registration or date of publication under section 12(c) of the Act, and is
still in use in commerce; for a collective membership mark, describe the
nature of the owner's collective membership organization specified in the
registration in connection with which the mark has been in continuous use
in commerce for a period of five years after the date of registration or
date of publication under section 12(c) of the Act, and is still in use in
commerce;
(d) Specify that there has been no final decision adverse to the owner's
claim of ownership of such mark for such goods, services, or collective
membership organization, or to the owner's right to register the same or to
keep the same on the register;
(e) Specify that there is no proceeding involving said rights pending in
court and not finally disposed of;
(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) of the Act; and
(g) Include the fee required by § 2.6 for each class to which the
affidavit or declaration pertains in the registration. If no fee, or a fee
insufficient to cover at least one class, is filed at an appropriate time,
the affidavit or declaration will not be refused if the required fee(s)
(see § 2.6) is filed in the Office within the time limit set forth in the
notification of this defect by the Office. If the submitted fees are
insufficient to cover all classes in the registration, the particular class
or classes to which the affidavit or declaration pertains should be
specified.
(h) If the affidavit or declaration fails to satisfy any of the
requirements in paragraphs (a) through (g) of this section, the owner will
be notified in an Office action that the affidavit or declaration cannot be
acknowledged. If a response is not received within the time period provided
or does not satisfy the requirements of the Office action, the affidavit or
declaration will be abandoned.
(i) If the affidavit or declaration satisfies paragraphs (a) through (g)
of this section, the Office will issue a notice of acknowledgement.
(j) An affidavit or declaration may be abandoned by the owner upon
petition to the Director under § 2.146 either before or after the notice of
acknowledgement has issued.
(k) If an affidavit or declaration is abandoned, the owner may file a
new affidavit or declaration with a new filing fee.
22. Amend § 2.173 as follows:
a. Revise paragraphs (b), and (d) through (g).
b. Add paragraphs (h) and (i).
§ 2.173 Amendment of registration.
* * * * *
(b) Requirements for request. A request for amendment or disclaimer
must:
(1) Include the fee required by § 2.6;
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(2) Be verified and signed in accordance with § 2.193(e)(6); and
(3) If the amendment involves a change in the mark: a specimen showing
the mark as used on or in connection with the goods, services, or
collective membership organization; a verified statement 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. When requested by the
Office, additional specimens must be provided.
(4) The Office may require the owner to furnish such specimens,
information, exhibits, and affidavits or declarations as may be reasonably
necessary to the proper examination of the amendment.
(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 that materially alters the character of the mark will not be
permitted, in accordance with section 7(e) of the Act.
(e) Amendment of identification of goods, services, or collective
membership organization. No amendment in the identification of goods or
services, or description of the nature of the collective membership
organization, 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) Amendment of certification statement for certification marks. An
amendment of the certification statement specified in § 2.45(a)(4)(i)(A) or
(a)(4)(ii)(A) that would materially alter the certification statement will
not be permitted, in accordance with section 7(e) of the Act.
(g) 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.
(h) 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.
(i) No amendment to add or delete section 2(f) claim of acquired
distinctiveness. An amendment seeking the addition or elimination of a
claim of acquired distinctiveness will not be permitted.
23. Revise § 2.175(b)(2) as follows:
§ 2.175 Correction of mistake by owner.
* * * * *
(b) * * *
(2) Be verified; and
* * * * *
24. Amend § 2.183 by revising paragraphs (d) and (e) to read as follows:
§ 2.183 Requirements for a complete renewal application.
* * * * *
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(d) If the renewal application covers less than all the goods, services,
or classes in the registration, then a list specifying the particular
goods, services, or classes to be renewed.
(e) If at least one fee is submitted for a multiple-class registration,
but the fee is insufficient to cover all the classes and the class(es) to
which the fee(s) should be applied are not specified, the Office will issue
a notice requiring either the submission of additional fee(s) or an
indication of the class(es) to which the original fee(s) should be applied.
Additional fee(s) may be submitted if the requirements of § 2.185 are met.
If the required fee(s) are not submitted and the class(es) to which the
original fee(s) should be applied are not specified, the Office will
presume that the fee(s) cover the classes in ascending order, beginning
with the lowest numbered class.
* * * * *
25. Amend § 2.193 by revising paragraphs (c)(2), (e) introductory text,
(e)(1), and (f).to read as follows:
§ 2.193 Trademark correspondence and signature requirements.
* * * * *
(c) * * *
(2) Sign the document using some other form of electronic signature
specified by the Director.
* * * * *
(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) Verified statement of facts. A verified statement in support of
an application for registration, amendment to an application for
registration, allegation of use under § 2.76 or § 2.88, request for
extension of time to file a statement of use under § 2.89, or an affidavit
under section 8, 12(c), 15, or 71 of the Act must satisfy the requirements
of § 2.2(n), and be signed by the owner or a person properly authorized to
sign on behalf of the owner. A person who is properly authorized to
verify facts on behalf of an owner is:
* * * * *
(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 § 11.18(b) of this chapter. Violations of § 11.18(b)
of this chapter may jeopardize the validity of the application or
registration, and may result in the imposition of sanctions under
§ 11.18(c) of this chapter. Any practitioner violating § 11.18(b) of
this chapter may also be subject to disciplinary action. See § 11.18(d)
and § 11.804 of this chapter.
* * * * *
PART 7 - RULES OF PRACTICE IN FILINGS PURSUANT TO THE PROTOCOL RELATING TO
THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS
26. 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.
27. Amend § 7.1 as follows:
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a. Revise paragraph (c).
b. Add paragraph (f).
§ 7.1 Definitions of terms as used in this part.
* * * * *
(c) The acronym TEAS means the Trademark Electronic Application System,
available at http://www.uspto.gov.
* * * * *
(f) The definitions specified in § 2.2(k) and (n) of this chapter are
incorporated in this part.
28. Amend § 7.37 as follows:
a. Revise paragraphs (b) introductory text, (b)(1), (d)(1), (d)(3), (e),
(f)(1), and (g).
b. Add paragraphs (i) and (j).
§ 7.37 Requirements for a complete affidavit or declaration of use in
commerce or excusable nonuse.
* * * * *
(b) Include a verified statement attesting to the use in commerce or
excusable nonuse of the mark within the period set forth in section 71 of
the Act. The verified statement must be executed on or after the beginning
of the filing period specified in § 7.36(b). A person who is properly
authorized to sign on behalf of the holder is:
(1) A person with legal authority to bind the holder;
* * * * *
(d)(1) Include the fee required by § 7.6 for each class that the
affidavit or declaration covers;
* * * * *
(3) If at least one fee is submitted for a multiple-class registration,
but the fee is insufficient to cover all the classes and the class(es) to
which the fee(s) should be applied are not specified, the Office will issue
a notice requiring either submission of the additional fee(s) or
specification of the class(es) to which the initial fee(s) should be
applied. Additional fees may be submitted if the requirements of § 7.39 are
met. If the additional fee(s) are not submitted within the time period set
out in the Office action and the class(es) to which the original fee(s)
should be applied are not specified, the Office will presume that the
fee(s) cover the classes in ascending order, beginning with the lowest
numbered class;
(e)(1) Specify the goods, services, or nature of the collective
membership organization for which the mark is in use in commerce, and/or
the goods, services, or nature of the collective membership organization
for which excusable nonuse is claimed under paragraph (f)(2) of this
section;
(2) Specify the goods, services, or classes being deleted from the
registration, if the affidavit or declaration covers fewer than all the
goods, services, or classes in the registration;
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(f)(1) State that the registered mark is in use in commerce; or
(2) If the registered mark is not in use in commerce on or in connection
with all the goods, services, or classes specified in the registration, set
forth the date when such use of the mark in commerce stopped and the
approximate date when such use is expected to resume and recite facts to
show that nonuse as to those goods, services, or classes is due to special
circumstances that excuse the nonuse and is not due to an intention to
abandon the mark;
(g) Include one specimen showing how the mark is used in commerce for
each class in the registration, unless excusable nonuse is claimed under
paragraph (f)(2) of this section. When requested by the Office, additional
specimens must be provided. The specimen must meet the requirements of
§ 2.56 of this chapter.
* * * * *
(i) Additional requirements for a collective mark. In addition to the
above requirements, a complete affidavit or declaration pertaining to a
collective mark must:
(1) State that the owner is exercising legitimate control over the use
of the mark in commerce; and
(2) State the nature of the owner's control over the use of the mark by
the members in the first affidavit or declaration filed under paragraph
(a) of this section.
(j) Additional requirements for a certification mark. In addition to the
above requirements, a complete affidavit or declaration pertaining to a
certification mark must:
(1) Include a copy of the certification standards specified in
§ 2.45(a)(4)(i)(B) of this chapter;
(i) Submitting certification standards for the first time. In the first
affidavit or declaration filed under paragraph (a) of this section, include
a copy of the certification standards; or
(ii) Certification standards submitted in prior filing. If the
certification standards in use at the time of filing the affidavit or
declaration have not changed since the date they were previously submitted
to the Office, include a statement to that effect; if the certification
standards in use at the time of filing the affidavit or declaration have
changed since the date they were previously submitted to the Office,
include a copy of the revised certification standards;
(2) State that the owner is exercising legitimate control over the use
of the mark in commerce; and
(3) Satisfy the requirements of § 2.45(a)(4)(i)(A) and (C) of this
chapter.
February 10, 2014 MICHELLE K. LEE
Deputy Under Secretary of Commerce for
Intellectual Property and Deputy Director
United States Patent and Trademark Office
| Notice Concerning Payment of the Appeal Forwarding Fee under 37 CFR 41.45 and Improper Use of Deposit Account General Authorizations under 37 CFR 1.25(b) |
Notice Concerning Payment of the Appeal Forwarding Fee under
37 CFR 41.45 and Improper Use of
Deposit Account General Authorizations under 37 CFR 1.25(b)
The Office has become aware that some applicants have relied upon a
general authorization to charge a deposit account under 37 CFR 1.25(b) to
pay fees associated with appeals to the Patent Trial and Appeal Board
(PTAB, formerly the Board of Patent Appeals and Interferences). The Office
notes that the rules of practice do not authorize payment of appeal fees
through general authorization. Nevertheless, the Office has been collecting
payment of appeal fees based on general authorizations. To avoid any
adverse consequences to applicants and patentees as a result of this
practice, the Office is taking the following measures to remedy this
situation.
As explained below, appeal fees (notice of appeal, appeal brief, and
petition fees) that were collected under a general authorization are being
treated sua sponte as timely paid. Applicants and patent owners do not need
to take any action if they currently have no fees due. Applicants and
patent owners that have attempted to pay appeal forwarding fees using a
general authorization are being given additional time to pay outstanding
fees in accordance with the current rules of practice to avoid dismissal of
the appeal. Additionally, the Office is providing notice herein that the
practice of collecting appeal fees under a general authorization will cease
as of May 1, 2014. The Office has corrected the notice of appeal form and
will provide a new appeal forwarding fee form to assist applicants and
patent owners in paying appeals fees in accordance with the current rules.
Past PTAB Fees (Notice of Appeal, Appeal Brief, and Petition) Paid under a
General Deposit Account Authorization are Treated as Timely Paid
To prevent undue hardship to those parties that mistakenly relied on
general deposit account authorizations to pay appeal fees (notice of
appeal, appeal brief and petition fees) under 37 CFR 41.20 in the past, the
Office is accepting the fees that were collected as timely paid nunc pro
tunc and will continue to collect fees paid by a general authorization
until April 30, 2014. The PTO Forms for Notice of Appeal (PTO/AIA/31 and
PTO/SB/31) erroneously included a check box stating "The Director has
already been authorized to charge fees in this application to a Deposit
Account" incorrectly implying that a previous general authorization would
be appropriate. However, as of May 1, 2014, only fees collected with a
general deposit account authorization identified in 37 CFR 1.25(b) under
37 CFR 1.16-1.18 will be considered timely paid.
To make payment more convenient in the future, the Office is considering
promulgating a new rule to permit general authorization of PTAB fees.
However, until such rule is finalized, PTAB petition and appeal fees under
37 CFR 41.20 must be paid separately when due. Payment may be made in
accordance with methods identified in 37 CFR 1.23 and 1.25(a) (specific
deposit account authorization).
Appeal Forwarding Fee - Temporary Waiver of 37 CFR 41.45(a)
Effective March 19, 2013, the appeal fees were restructured to require
an appeal forwarding fee to forward the appeal including the appellant's
brief and examiner's answer to the PTAB. See 37 CFR 41.45 and 78 Fed. Reg.
4212 (Jan. 18, 2013). The purpose of the rule change was to offer patent
prosecution options to applicants and to reduce fee charges where an
application in which an appeal brief is filed subsequently is allowed or
prosecution is reopened, rather than forwarded to the PTAB, after mailing
of an Examiner's answer. The current fees for applications and ex parte
reexamination proceedings include a notice of appeal fee of $800, an appeal
brief fee of $0, and an appeal forwarding fee of $2000 (37 CFR 41.20(b)).
Small and micro entity discounts are available for qualifying applications
and ex parte reexamination proceedings. These fees are not payable by a
| April 8, 2014 |
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general deposit account authorization under 37 CFR 1.25(b), which applies
only to fees under 37 CFR 1.16-1.118.
The appeal forwarding fee under 37 CFR 41.45 is due within the later of
two months from the date of either the examiner's answer or a decision
refusing to grant a petition to designate a new ground of rejection in an
examiner's answer. Failure to timely pay the appeal forwarding fee will
result in dismissal of the appeal. Extensions of time under 37 CFR 1.136(a)
are not applicable.
The Office notes that some parties have attempted to pay the appeal
forwarding fee under previously filed general authorizations to charge a
deposit account. As these fees are not payable under a general
authorization, the Office is temporarily waiving the timing requirement of
the Appeal Forwarding Fee under 37 CFR 41.45(a) to permit parties to pay
the fee and avoid dismissal of the appeal for any fee owed on or after
March 19, 2013. This waiver will be effective for any fee paid until
April 30, 2014, after which the appeal forwarding fee must be timely paid
using means other than the general authorization to prevent dismissal of
the appeal under 37 CFR 41.45(b).
To avoid inadvertent dismissal of appeals as a result of non-payment of
this new fee, as an interim measure, the Office will attempt to contact
parties with appeal forwarding fees due between March 19, 2013 and
April 30, 2014 that have not paid or have relied on a previous general
authorization for payment to obtain authorization to pay the fee. For those
parties not contacted, a notice will be mailed waiving the timing
requirement of 37 CFR 41.45(a) and resetting the time period to run two
months from the mail date of the notice. Failure to pay the fee within the
new time period will result in dismissal of the appeal.
As of May 1, 2014, the appeal forwarding fee must be timely paid in
accordance with 37 CFR 41.45 by the payment methods identified in 37 CFR
1.23 and 1.25(a)(specific deposit account authorization). To facilitate
payment, a new appeal forwarding fee transmittal form will be available
that will include a specific authorization to charge the deposit account
for the appeal forwarding fee. Additionally, a reminder that the appeal
forwarding fee is due is being included in the examiner's answer.
As of May 1, 2014, Appeal Fees Cannot be Paid Using a General Authorization
under 37 CFR 1.25(b)
Notice is also provided that as of May 1, 2014, PTAB petition and appeal
fees including (notice of appeal, petition, and appeal forwarding fees)
due under 37 CFR 41.20 cannot be paid using a general authorization to a
deposit account under 37 CFR 1.25(b), which only authorizes payment of fees
under 37 CFR 1.16 - 1.18. The public is advised to carefully review 37 CFR
1.25(b) for limitations on using a general deposit account authorization.
Any questions concerning this notice may be directed to Kery A. Fries,
Office of Patent Legal Administration, Office of Deputy Commissioner for
Patent Examination Policy, at 571-272-7757.
JAMES DONALD SMITH
Chief Administrative Patent Judge
Patent Trial and Appeal Board
| Patents and Serial Numbers Available for License or Sale |
Patents and Serial Numbers
Available for License or Sale
The following website provides information regarding the public
availability of technologies developed in federal research laboratories
available for licensing: http://www.federallabs.org/available_technologies/
7,459,006 ELECTROMAGNETIC PYROLYSIS METALLURGY
Attorney: Blake, Cassels & Graydon LLP
Contact: Peter Cork
99-1500 Bank St.
Unit 616
Ottawa, ON K1H 1B8, Canada
(Voice) 613-421-7298
(Fax) 613-701-4128
(Email) goldenwave@rogers.com
8,380,394 AUTOMOBILE MOTION SYSTEM
Contact: Gary B. Snodgrass
1421 Lucaccini Lane
Las Vegas, NV 89117
(Cell) 702-498-3528
(Home) 702-254-9708
(Email) garybsnodgrass@cox.net
6,738,751 CREDIT CARD RENTAL-COST PAYMENT METHOD
Attorney: Cook Alex Ltd
Contact: James Pristelski
200 W. Adams
(Voice) 312-236-8500
(Fax) 312-236-8176
(Email) JPristelski@cookalex.com
7,750,056 LOW-DENSITY, HIGH R-VALUE TRANSLUCENT
NANOCRYSTALLITES
Attorney: Sami Daoud
Contact: Sami Daoud
4091 N. San Simeon Road
Tucson, AZ 85718
(Voice) 520-529-5836
(Cell) 215-450-0027
(Fax) 520-529-5836
(Email) airllc@comcast.net
(Email) ldaoud@comcast.net
7,214,190 APPARATUS AND METHOD FOR NONINVASIVE MONITORING
OF ANALYTES IN BODY FLUIDS
Contact: Kitch Wilson, Ph.D.
415 Calle Las Caleras
Santa Barbara, CA 93109
(Voice) 805-448-5091
(Fax) 805-682-7247
(Email) Kitchcwilson@gmail.com
7,285,868 APPARATUS AND METHOD FOR ENERGY GENERATION
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
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WITHIN A TIRE
Contact: Kitch Wilson, Ph.D.
415 Calle Las Caleras
Santa Barbara, CA 93109
(Voice) 805-448-5091
(Fax) 805-682-7247
(Email) Kitchcwilson@gmail.com
8,109,884 DYNAMIC METABOLISM MONITORING SYSTEM
Contact: Kitch Wilson, Ph.D.
415 Calle Las Caleras
Santa Barbara, CA 93109
(Voice) 805-448-5091
(Fax) 805-682-7247
(Email) Kitchcwilson@gmail.com
12/808,962 PENDULAR ENGINE
Contact: Dr. Albert Cohen
2, rue Bonnet Street
F-92110, Clichy
France
(Voice) 01 47 39 69 43
(Voice) 92 1 19327 2 01 11 0 01
7,257,919 MAGAZINE LOADER
Contact: Scott A. Troy
406 South Boulder Ave.
Ste. 405 Tulsa, Oklahoma 74103
(Voice) 918-551-8996
(Voice) 918-585-3721
(Email) allen5769@att.net
8,070,198 MANUAL ARTICLE REMOVAL APPARATUS
Attorney: Roger Jackson
Contact: Patrick Burke
3594 S. Bannock St.
Englewood, Colorado 80110
(Voice) 303-912-4008
(Fax) 303-761-7694
(Email) patrick3594@msn.com
6,044,603 LOAD-BEARING LIGHTWEIGHT INSULATING PANEL
BUILDING COMPONENT
Contact: Harold Bader
P.O. Box 726
Hallandale, FL 33008
(Voice) 954-456-3700
(Fax) 954-455-9911
(Email) info@dynabilt.com
(Website) www.dynabilt.com
61/922,221 MULTIFUNCTION 3D CONDENSATION FREE MIRROR
Contact: Richard Seibel
| April 8, 2014 |
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3416 Guyton Lane
Leland, NC 28451
(910) 880-2377
(Email) rseibell@gmail.com
8,241,565 SHOE SOLE SANITIZING DEVICE AND ASSOCIATED METHOD
FOR ERADICATING MICROORGANISMS FROM AN EXTERIOR
SURFACE OF A SHOE SOLE
Contact: BIBI RABBIA ABDUL
123 15th Street,
Apt B-2
Garden City, NY 11530
(917) 971-4652
(Email) rabbia.abdul@yahoo.com
Disclaimers
8,623,616 B2 - Kenneth D. Smith, Colfax, WI (US); Nina Yazvenko,
Vancouver, WA (US); Mariya Smit, Vancouver, WA (US). METHODS AND MATERIALS
FOR DETECTING CONTAMINATED FOOD PRODUCTS. Patent dated January 7, 2014.
Disclaimer filed February 20, 2014, by the assignee, Cascade Biosystems,
Inc.
The term of this patent, subsequent to the term of patent numbers,
8,597,886 and 8,551,701 has been disclaimed.
8,611,547 B2 - Jeong-Il Seo, Daejon (KR); Seung-Kwon Beack, Daejon (KR);
In-Seon Jang, Gyeonggi-do (KR); Dae-Young Jang, Daejon (KR); Jin-Woo Hong,
Daejon (KR); Jin-Woong Kim, Daejon (KR). APPARATUS AND METHOD FOR RESTORING
MULTI-CHANNEL AUDIO SIGNAL USING HE-AAC DECODER AND MPEG SURROUND DECODER.
Patent dated December 17, 2013. Disclaimer filed February 19, 2014, by the
assignee, Electronics and Telecommunications Research Institute.
Hereby disclaim the complete claims 1-8 of said patent.
Errata
"All references to Patent No. 8,661,914 to MANUS P. HENRY, ET AL of
OXFORD, UNITED KINGDOM for CORRECTING FOR TWO-PHASE FLOW IN A DIGITAL
FLOWMETER appearing in the Official Gazette of March 04, 2014 should be
deleted since no patent was granted."
"All references to Patent No. 8,662,406 to LARS FINN SLOUTH LARSEN, ET
AL of SYDALS, DENMARK for CONTROL OF A SYSTEM WITH A LARGE THERMAL
CAPACITY appearing in the Official Gazette of March 04, 2014 should be
deleted since no patent was granted."
"All references to Patent No. 8,662,596 to SHAWN D. NELSON, ET AL of
STAMFORD, CT for MOUNTING PLATFORM FOR MODULAR FURNITURE ASSEMBLY appearing
in the Official Gazette of March 04, 2014 should be deleted since no
patent was granted."
"All references to Patent No. 8,662,628 to TETSUGO ISHIDA of
SHIOJIRI-SHI, JAPAN for TRANSPORTATION ROLLER CLEANING MECHANISM AND PRINTER
appearing in the Official Gazette of March 04, 2014 should be deleted since
no patent was granted."
"All references to Patent No. 8,662,653 to KOUSUKE YAMASAKI, ET AL of
KAWASAKI-SHI, JAPAN for INK JET INK, INK CARTRIDGE,AND INK JET RECORDING
METHOD appearing in the Official Gazette of March 04, 2014 should be
deleted since no patent was granted."
"All references to Patent No. 8,662,938 to TOMOHIKO SHIMIZU of
MAKINOHARA-SHI, JAPAN for JOINT CONNECTOR WITH A PLURALITY OF TERMINALS, A
HOUSING, AND A SPRING appearing in the Official Gazette of March 04, 2014
should be deleted since no patent was granted."
"All references to Patent No. 8,662,939 to JUERGEN BRAND, ET AL of
DETMOLD, GERMANY for TERMINAL BLOCK HAVING A BUS BAR WITH A METAL
COLLAR WITH A CONTACT SURFACE WITH RIBS appearing in the Official Gazette
of March 04, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,663,189 to V. BRYAN LAWLIS, ET AL of SAN
MATEO, CA for PRESERVATIVE-FREE FOLLICLE STIMULATING HORMONE SOLUTION
DELIVERY DEVICE appearing in the Official Gazette of March 04, 2014 should
be deleted since no patent was granted."
"All references to Patent No. 8,663,276 to JEFFREY C. LEUNG, ET AL of
RALEIGH, NC for BARBED SUTURES appearing in the Official Gazette of
March 04, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,663,345 to JOHN P. JACKAM, ET AL of
BUTTE, MONTANA for PRODUCTION OF BIODIESEL AND GLYCERIN FROM HIGH
FREE FATTY ACID FEEDSTOCKS appearing in the Official Gazette of March 04,
2014 should be deleted since no patent was granted."
"All references to Patent No. 8,663,601 to GREGORY LEYER, ET AL of
MADISON, WI for PROBIOTICS FOR USE IN RELIEVING SYMPTOMS ASSOCIATED WITH
GASTROINTESTINAL DISORDERS appearing in the Official Gazette of March 04,
2014 should be deleted since no patent was granted."
"All references to Patent No. 8,663,816 to HIROKI NAKAMARU, ET AL of
FUKUYAMA-SHI, JAPAN for HOT-PRESSED MEMBER appearing in the Official
Gazette of March 04, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,663,853 to NAK HYUN KWON of YONGIN-SI
KOREA, REPUBLIC OF for METHOD OF MANUFACTURING MULTILAYER ELECTROLYTE
REINFORCED COMPOSITE MEMBRANE appearing in the Official Gazette of
March 04, 2014 should be deleted since no patent was granted."
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
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"All references to Patent No. 8,663,961 to LEE HONIGBERG, ET AL of SAN
FRANCISCO, CA for INHIBITORS OF BRUTON'S TYROSINE KINASE appearing in the
Official Gazette of March 04, 2014 should be deleted since no patent was
granted."
"All references to Patent No. 8,664,074 to SERGEY PIDIN of YOKOHAMA,
JAPAN for MOS TRANSISTOR, MANUFACTURING METHOD THEREOF, AND SEMICONDUCTOR
DEVICE appearing in the Official Gazette of March 04, 2014 should be
deleted since no patent was granted."
"All references to Patent No. 8,664,107 to KAZUMASA IKUSHIMA of
MITAKA-SHI, JAPAN for METHOD FOR APPLYING LIQUID MATERIAL, APPLICATION
DEVICE AND PROGRAM appearing in the Official Gazette of March 04, 2014
should be deleted since no patent was granted."
"All references to Patent No. 8,664,121 to TSUYOSHI KANKI, ET AL of
ATSUGI, JAPAN for MANUFACTURING METHOD OF SEMICONDUCTOR DEVICE AND
SEMICONDUCTOR DEVICE appearing in the Official Gazette of March 04, 2014
should be deleted since no patent was granted."
"All references to Patent No. 8,664,378 to CHRIS SUH, ET AL of SAN JOSE,
CA for PURIFICATION OF NUCLEIC ACIDS appearing in the Official Gazette of
March 04, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,664,565 to JAMES FRNACIS RAPPL, ET AL of
NEENAH, WI for REMOTE WELDING SYSTEM AND METHOD appearing in the Official
Gazette of March 04, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,664,597 to MICHAEL MORIARTY, ET AL of
PORTLAND,OR for METHODS FOR PREPARING THIN SAMPLES FOR TEM IMAGING
appearing in the Official Gazette of March 04, 2014 should be deleted since
no patent was granted."
"All references to Patent No. 8,664,600 to YUFFENG YAO, ET AL of
SINGAPORE, SINGAPORE for COMPACT OPTICAL PROXIMITY SENSOR WITH BALL
GRID ARRAY AND WINDOWED SUBSTRATE appearing in the Official Gazette of
March 04, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,664,770 to TOSHIYA AKAMATSU of KAWASAKI,
JAPAN for SEMICONDUCTOR DEVICE,METHOD OF MANUFACTURING SEMICONDUCTOR
DEVICE, AND ELECTRONIC DEVICE appearing in the Official Gazette of
March 04, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,665,197 to MUNEHIRO AZAMI, ET AL of
ATSUGI, JAPAN for PULSE OUTPUT CIRCUIT,SHIFT REGISTER AND DISPLAY DEVICE
appearing in the Official Gazette of March 04, 2014 should be deleted since
no patent was granted."
"All references to Patent No. 8,665,242 to YOSHIYUKI KUROKAWA of
SAGAMIHARA, JAPAN for TOUCH PANEL,DISPLAY DEVICE,AND ELECTRONIC DEVICE
appearing in the Official Gazette of March 04, 2014 should be deleted since
no patent was granted."
"All references to Patent No. 8,665,356 to KOJI TSUDUKI, ET AL of
KAWASAKI-SHI, JAPAN for SOLID-STATE IMAGING APPARATUS, METHOD OF
MANUFACTURING SAME, AND CAMERA appearing in the Official Gazette of
March 04, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,665,534 to AKIRA KOGA, ET AL of OSAKA,
JAPAN for LENS BARREL AND IMAGING DEVICE appearing in the Official Gazette
of March 04, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,665,604 to GERALD KLOIBER, ET AL of
FELDKIRCHEN, AUSTRIA for SENSOR DEVICE AND METHOD FOR MANUFACTURE
appearing in the Official Gazette of March 04, 2014 should be deleted
since no patent was granted."
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 192 |
"All references to Patent No. 8,665,701 to SHINYA KONO, ET AL of
HACHIOJI-SHI, JAPAN for DOUBLE RING NETWORK SYSTEM AND COMMUNICATION CONTROL
METHOD THEREOF, AND TRANSMISSION STATION, AND PROGRAM FOR TRANSMISSION
STATIONS appearing in the Official Gazette of March 04, 2014 should be
deleted since no patent was granted."
"All references to Patent No. 8,665,786 to JOHN GORDON, ET AL of
ALAMEDA, CA for SYSTEMS AND METHODS FOR OBTAINING NETWORK CREDENTIALS
appearing in the Official Gazette of March 04, 2014 should be deleted
since no patent was granted."
"All references to Patent No. 8,665,939 to LAWRENCE D. WOLCOTT, ET AL of
DENVER, CO for MODULATION ANALYSIS AND DISTORTION IDENTIFICATION appearing
in the Official Gazette of March 04, 2014 should be deleted since no patent
was granted."
"All references to Patent No. 8,666,100 to PETER SIEGUMFELDT of
FREDERIKSBERG, DENMARK for HEARING DEVICE WITH ANALOG FILTERING AND
ASSOCIATED METHOD appearing in the Official Gazette of March 04, 2014
should be deleted since no patent was granted."
"All references to Patent No. 8,666,240 to AKIRA KOGA of OSAKA, JAPAN
for LENS BARREL AND IMAGING DEVICE appearing in the Official Gazette of
March 04, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,666,290 to KEISUKE ENDOH of NUMAZU-SHI,
JAPAN for IMAGE FORMING APPARATUS appearing in the Official Gazette of
March 04, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,666,365 to GREGORY G. RALEIGH of
WOODSIDE, CA for AUTOMATED DEVICE PROVISIONING AND ACTIVATION appearing
in the Official Gazette of March 04, 2014 should be deleted since no
patent was granted."
"All references to Patent No. 8,666,564 to MISTSUHISA SHIDA of FUJI-SHI,
JAPAN for VEHICLE CONTROL DEVICE appearing in the Official Gazette of
March 04, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,666,565 to MANABU MATSUBARA of KORE-SHI,
JAPAN for VEHICLE CONTROL SYSTEM appearing in the Official Gazette of
March 04, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,666,658 to YUSUKE KOJIMA, ET AL of
EBETSU, JAPAN for TRAVEL GUIDANCE DEVICE,TRAVEL GUIDANCE METHOD,AND COMPUTER
PROGRAM appearing in the Official Gazette of March 04, 2014 should be
deleted since no patent was granted."
"All references to Patent No. 8,666,803 to MELVIN L. BARNES, JR. of
HENDERSON, NV for LOCATING A PRODUCT OR A VENDER USING A MOBILE
COMMUNICATION DEVICE appearing in the Official Gazette of March 04, 2014
should be deleted since no patent was granted."
"All references to Patent No. 8,666,830 to LOGAN DILLARD, ET AL of
SEATTLE, WA for IDENTIFYING TOP RATED PRODUCTS appearing in the Official
Gazette of March 04, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,667,131 to GREGORY G. RALEIGH, ET AL of
WOODSIDE, CA for SERVICE OFFER SET PUBLISHING TO DEVICE AGENT WITH
ON-DEVICE SERVICE SELECTION appearing in the Official Gazette of
March 04, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,667,208 to TROY A. MANNING of MERIDIAN,
ID for LOGICAL UNIT OPERATION appearing in the Official Gazette of
March 04, 2014 should be deleted since no patent was granted."
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 193 |
"All references to Patent No. 8,667,572 to GREGORY G. RALEIGH of
WOODSIDE, CA for AUTOMATED DEVICE PROVISIONING AND ACTIVATION appearing in
the Official Gazette of March 04, 2014 should be deleted since no patent
was granted."
"All references to Patent No. 8,667,778 to MASAHIRO KACHI of Susono-shi,
JP for CATALYST OVERHEAT PREVENTION APPARATUS appearing in the Official
Gazette of March 11, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,667,918 to SEOK-SOON LEE of Jinju-si, KR
for APPARATUS FOR REDUCING PITCHING AND ROLLING MOTION appearing in the
Official Gazette of March 11, 2014 should be deleted since no patent was
granted."
"All references to Patent No. 8,668,264 to HYUN KI LEE, ET AL of ULSAN
KOREA, REPUBLIC OF for APPARATUS FOR PREVENTING NECK INJURY FOR USE
IN VEHICLE SEAT appearing in the Official Gazette of March 11, 2014 should
be deleted since no patent was granted."
"All references to Patent No. 8,668,322 to KOJI YASUDA of Kanagawa, JP
for INK COMPOSITION,INK SET AND IMAGE FORMING METHOD appearing in the
Official Gazette of March 11, 2014 should be deleted since no patent was
granted."
"All references to Patent No. 8,668,471 to MOTOO NAKAMURA of
OKAZAKI-SHI, JAPAN for FLUID PUMP appearing in the Official Gazette of
March 11, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,668,505 to JONATHAN E. BUCK, ET AL of
HERSHEY, PA for CROSS TALK REDUCTION FOR HIGH SPEED ELECTRICAL CONNECTORS
appearing in the Official Gazette of March 11, 2014 should be deleted
since no patent was granted."
"All references to Patent No. 8,668,544 to MOSHIE COHEN, ET AL of
TEL-AVIV, ISRAEL for INTERACTIVE TOYS appearing in the Official Gazette
of March 11, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,668,662 to ANDY H. LEVINE, ET AL of
NEWTON, MA for ANTI-OBESITY DEVICES appearing in the Official Gazette of
March 11, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,668,669 to JOSE HERRERA CEDEÑO of
Nueva Esparta, VE for METHOD AND A CATHETER DEVICE FOR THE DYNAMIC REGUL
appearing in the Official Gazette of March 11, 2014 should be deleted
since no patent was granted."
"All references to Patent No. 8,668,714 to EDWARD H. CULLY, ET AL of
FLAGGSTAFF, AZ for METHODS OF MANUFACTURE AND USE OF ENDOLUMINAL
DEVICES appearing in the Official Gazette of March 11, 2014 should be
deleted since no patent was granted."
"All references to Patent No. 8,668,809 to ARI JUPPO, ET AL of VAASA,
FINLAND for PROCESS FOR PRODUCTION OF PAPER appearing in the Official
Gazette of March 11, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,668,917 to JENS ESKIL TRUDSOE, ET AL of
ROSKILDE, DENMARK for PERSONAL CARE COMPOSITIONS WITH ACIDIFIED
PECTINS appearing in the Official Gazette of March 11, 2014 should be
deleted since no patent was granted."
"All references to Patent No. 8,669,482 to SATOSHI YAMAMOTO, ET AL of
SAKURA-SHI, JAPAN for THROUGH WIRING SUBSTRATE AND MANUFACTURING METHOD
THEREOF appearing in the Official Gazette of March 11, 2014 should be
deleted since no patent was granted."
"All references to Patent No. 8,669,566 to SUNG MIN KONG, ET AL of
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 194 |
GWANGJU KOREA, REPUBLIC OF for LIGHT EMITTING DEVICE PACKAGE AND LIGHT UNIT
HAVING THE SAME appearing in the Official Gazette of March 11, 2014 should
be deleted since no patent was granted."
"All references to Patent No. 8,669,636 to HUA-QUEN TSERNG, ET AL of
DALLAS, TX for FIELD EFFECT TRANSISTOR HAVING A PLURALITY OF FIELD PLATES
appearing in the Official Gazette of March 11, 2014 should be deleted since
no patent was granted."
"All references to Patent No. 8,669,693 to ANTTI JAAKKOLA, ET AL of
ESPOO, FINLAND for MICROMECHANICAL RESONATOR ARRAY AND METHOD FOR
MANUFACTURING THEREOF appearing in the Official Gazette of March 11, 2014
should be deleted since no patent was granted."
"All references to Patent No. 8,670,094 to YOSHIHISA SHINYA of Tochigi,
JP for RESIN COMPOSITION AND IMAGE DISPLAY APPARATUS appearing in the
Official Gazette of March 11, 2014 should be deleted since no patent was
granted."
"All references to Patent No. 8,670,125 to ONUR KILIC, ET AL of
MOUNTAIN VIEW, CA for GYROSCOPE UTILIZING TORSIONAL SPRINGS AND OPTICAL
SENSING appearing in the Official Gazette of March 11, 2014 should be
deleted since no patent was granted."
"All references to Patent No. 8,670,131 to KENNETH STEFFEY, ET AL of
LONGWOOD, FL for AUTOMATIC MEASUREMENT OF DIMENSIONAL DATA WITH A
LASER TRACKER appearing in the Official Gazette of March 11, 2014 should be
deleted since no patent was granted."
"All references to Patent No. 8,670,147 to TAKETOSHI YAMAHATA of
Toyokawa-shi, JP for IMAGE FORMING APPARATUS, COMPUTER-READABLE STORAGE
appearing in the Official Gazette of March 11, 2014 should be deleted
since no patent was granted."
"All references to Patent No. 8,670,159 to DANIAN ZHENG, ET AL of
BEIJING, CHINA for IMAGE PROCESSING METHOD, IMAGE PROCESSING DEVICE AND
SCANNER appearing in the Official Gazette of March 11, 2014 should be
deleted since no patent was granted."
"All references to Patent No. 8,670,208 to KATSUJI TAKAHASHI of TOKYO,
JAPAN for LIBRARY DEVICE appearing in the Official Gazette of March 11,
2014 should be deleted since no patent was granted."
"All references to Patent No. 8,670,301 to SHINYA KONO of Hachioji-shi,
JP for DOUBLE RING NETWORK SYSTEM AND COMMUNICATION CONTR appearing in the
Official Gazette of March 11, 2014 should be deleted since no patent was
granted."
"All references to Patent No. 8,670,317 to EIICHI MURAMOTO of KANAGAWA,
JAPAN for TRANSMITTER AND RECEIVER FOR STREAMING MEDIA INCLUDING PACKET
PADDING appearing in the Official Gazette of March 11, 2014 should be
deleted since no patent was granted."
"All references to Patent No. 8,670,353 to SCOTT SWANBURG of Coral
Springs, FL for SYSTEMS AND METHODS FOR DELAYED MESSAGE DELIVERY appearing
in the Official Gazette of March 11, 2014 should be deleted since no patent
was granted."
"All references to Patent No. 8,670,412 to YOSHIAKI OHTA, ET AL of
KAWASAKI, JAPAN for METHOD FOR DROPPING PACKET DATA, RADIO COMMUNICATION
DEVICE, AND MOBILE COMMUNICATION SYSTEM appearing in the Official Gazette
of March 11, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,670,558 to TAIZO SHIRAI of Kanagawa, JP
for CRYPTOGRAPHIC PROCESSING APPARATUS, CRYPTOGRAPHIC appearing in the
Official Gazette of March 11, 2014 should be deleted since no patent was
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 195 |
granted."
"All references to Patent No. 8,670,589 to HYEONG-BAEK JEON of
GWANGJU-SI KOREA, REPUBLIC OF for MOBILE TERMINAL AND METHOD FOR FORMING
HUMAN NETWORK USING THE SAME appearing in the Official Gazette of March 11,
2014 should be deleted since no patent was granted."
"All references to Patent No. 8,670,923 to MOE KHOSRAVY of Bellevue, WA
for MOBILE COMPUTING DEVICES, ARCHITECTURE AND USER IN appearing in the
Official Gazette of March 11, 2014 should be deleted since no patent was
granted."
"All references to Patent No. 8,671,177 to GREGORY G. RALEIGH, ET AL of
WOODSIDE, CA for SYSTEM AND METHOD FOR PROVIDING USER NOTIFICATIONS
appearing in the Official Gazette of March 11, 2014 should be deleted
since no patent was granted."
"All references to Patent No. 8,671,217 to YAO KO of SAN JOSE, CA for
SYSTEM AND METHOD FOR LOAD BALANCING MULTIPLE FILE TRANSFER PROTOCOL (FTP)
SERVERS TO SERVICE FTP CONNECTIONS FOR A CLOUD-BASED SERVICE
appearing in the Official Gazette of March 11, 2014 should be deleted since
no patent was granted."
"All references to Patent No. 8,671,419 to TAKASHI YOSHIDA, ET AL of
OMITAMA, JAPAN for DISC CHANGER WITH DETACHABLE OPTICAL DISC STORAGE
MAGAZINE FOR STORING MULTIPLE OPTICAL DISCS appearing in the Official
Gazette of March 11, 2014 should be deleted since no patent was granted."
Erratum
In the notice of Certificate of Correction appearing in March 11, 2014
Official Gazette, issue of February 18, 2014, the reference, Patent
No. 8,382,144 should correctly read as 8,381,244. The certificate of
correction was granted for this patent and considered valid. Patent number
8,382,144 was erroneously mentioned and should have been entered on the
February 18, 2014 Certificate of Correction issue list as 8,381,244.
| Certificates of Correction |
Certificates of Correction
for March 18, 2014
6,961,131 8,357,840 8,506,380 8,578,221
7,047,308 8,359,443 8,506,991 8,578,240
7,084,762 8,365,372 8,507,775 8,578,347
7,166,459 8,369,420 8,508,498 8,578,756
7,228,289 8,370,404 8,510,505 8,578,855
7,249,931 8,370,457 8,511,323 8,579,395
7,341,930 8,374,204 8,512,006 8,580,507
7,642,856 8,378,363 8,513,505 8,580,780
7,745,606 8,378,974 8,515,605 8,581,237
7,748,553 8,379,478 8,518,899 8,582,081
7,826,477 8,381,253 8,519,170 8,582,668
7,851,338 8,381,616 8,521,951 8,583,515
7,899,511 8,382,694 8,522,245 8,584,436
7,928,105 8,391,777 8,524,128 8,584,756
7,933,003 8,391,851 8,524,914 8,585,076
7,941,329 8,396,079 8,527,504 8,585,715
7,942,828 8,396,710 8,527,640 8,585,955
7,943,384 8,396,824 8,528,779 8,586,060
7,957,465 8,398,473 8,531,850 8,586,091
7,968,544 8,401,386 8,532,653 8,586,720
7,971,635 8,403,972 8,532,740 8,589,466
7,977,359 8,405,726 8,532,873 8,589,475
7,993,282 8,411,584 8,534,022 8,591,727
8,003,681 8,411,898 8,534,551 8,591,745
8,007,999 8,411,936 8,537,332 8,592,025
8,012,486 8,416,974 8,538,596 8,592,581
8,012,865 8,417,740 8,539,472 8,593,377
8,016,546 8,419,773 8,540,409 8,593,630
8,027,915 8,423,477 8,541,906 8,593,954
8,031,745 8,423,496 8,541,907 8,595,191
8,032,285 8,425,408 8,542,760 8,596,608
8,041,774 8,429,224 8,543,616 8,597,244
8,053,065 8,431,037 8,543,841 8,597,373
8,073,714 8,431,319 8,544,503 8,597,551
8,084,483 8,431,906 8,546,161 8,597,965
8,097,685 8,432,187 8,546,225 8,598,217
8,110,122 8,432,322 8,546,268 8,598,332
8,119,629 8,432,965 8,546,437 8,599,306
8,141,473 8,440,484 8,547,516 8,599,326
8,143,243 8,440,857 8,547,771 8,599,810
8,159,038 8,441,315 8,548,727 8,600,931
8,162,925 8,441,522 8,548,862 8,601,102
8,163,276 8,444,075 8,549,374 8,602,201
8,167,279 8,446,665 8,549,403 8,605,219
8,167,711 8,447,064 8,549,470 8,605,255
8,171,133 8,447,686 8,550,208 8,605,811
8,175,329 8,447,993 8,551,425 8,606,229
8,176,536 8,449,509 8,551,637 8,606,703
8,179,057 8,451,560 8,551,796 8,608,032
8,185,461 8,451,627 8,552,020 8,608,114
8,187,962 8,452,082 8,553,200 8,610,725
8,189,551 8,457,304 8,553,400 8,611,646
8,192,711 8,457,346 8,554,245 8,613,092
8,195,602 8,457,991 8,554,665 8,614,370
8,212,019 8,458,285 8,557,255 8,614,862
8,217,514 8,459,212 8,557,600 8,614,953
8,219,316 8,460,094 8,557,824 8,615,242
8,237,172 8,461,012 8,557,918 8,616,136
8,239,169 8,461,128 8,558,931 8,616,267
8,248,175 8,461,586 8,559,505 8,616,281
8,255,407 8,463,116 8,560,493 8,616,402
8,256,068 8,467,132 8,561,192 8,616,748
| April 8, 2014 |
US PATENT AND TRADEMARK OFFICE |
1401 OG 198 |
8,256,664 8,467,232 8,561,915 8,617,237
8,258,443 8,468,904 8,561,942 8,618,844
8,258,614 8,469,802 8,562,167 8,619,216
8,260,234 8,470,416 8,562,879 8,619,590
8,263,071 8,473,104 8,562,968 8,619,754
8,267,126 8,475,220 8,563,512 8,620,079
8,268,345 8,476,055 8,563,694 8,620,642
8,269,953 8,476,057 8,563,979 8,620,643
8,277,666 8,476,282 8,564,035 8,621,224
8,278,692 8,476,431 8,564,288 8,621,685
8,280,144 8,476,864 8,564,741 8,621,821
8,284,551 8,478,823 8,564,785 8,622,041
8,286,295 8,479,610 8,565,755 8,623,802
8,286,382 8,480,412 8,565,833 8,624,974
8,293,971 8,480,510 8,566,487 8,625,477
8,295,341 8,480,717 8,566,493 8,626,427
8,295,772 8,482,001 8,566,624 8,627,202
8,296,386 8,482,349 8,567,016 8,629,201
8,296,644 8,482,905 8,567,405 8,629,446
8,299,054 8,483,791 8,567,455 8,629,560
8,303,800 8,484,209 8,567,612 8,629,675
8,311,530 8,484,605 8,567,946 8,630,605
8,315,152 8,486,043 8,568,162 8,630,880
8,318,122 8,486,143 8,568,211 8,633,645
8,318,423 8,487,082 8,568,218 8,638,839
8,320,859 8,487,571 8,569,210 8,640,758
8,321,373 8,487,866 8,569,423 8,647,475
8,321,499 8,490,011 8,569,754 D. 660,456
8,334,096 8,490,870 8,571,878 D. 675,940
8,334,489 8,490,956 8,572,337 D. 679,587
8,339,446 8,492,073 8,572,676 D. 693,382
8,342,929 8,497,393 8,574,379 D. 693,383
8,345,350 8,498,743 8,574,846 D. 693,384
8,346,511 8,499,898 8,574,934 D. 694,755
8,350,928 8,500,985 8,575,696 D. 695,342
8,354,432 8,501,243 8,576,978 RE. 43,525
8,355,525 8,502,775 8,577,166
8,357,713 8,503,664 8,577,368
8,357,795 8,504,417 8,578,163
| Summary of Final Decisions Issued by the Trademark Trial and Appeal Board |
SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
March 3, 2014 – March 7, 2014
| Date Issued |
Type of Case(1) |
Proceeding or Appn. Number |
Party or Parties |
TTAB Panel (2) |
Issue(s) |
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 or services cited by Examining Attorney |
Issued as Precedent of TTAB |
| 3-4 |
EX |
85593576 |
Chicken Pickers, LLC |
Bucher*
Wellington
Ritchie |
2(d), 2(e)(1), 6(a) |
Both Refusals Affirmed |
|
ROCKY'S HOT CHICKEN SHACK [Restaurant services] |
ROCKY’S [restaurant and bar services] |
No |
| 3-4 |
EX |
85473807 |
Renkara Media Group |
Seeherman
Wellington
Ritchie* |
2(e)(1), Rule 2.61(b) |
Both Refusals Affirmed |
|
SCANCARDS [software for organizing and managing projects and tasks that allows the user to enter project and task information directly into a mobile device or computer and store the information locally on the device or computer and in the network so that any data entered on one device or computer is automatically synced to all other devices and computers] |
|
No |
| 3-4 |
EX |
76710461 |
NGAM Advisors L.P. |
Quinn*
Bucher
Hightower |
2(f) |
Refusal Affirmed |
|
ACTIVE INVESTMENT ADVISORS [Investment management services; investment advisory services] |
|
No |
| 3-4 |
EX |
76710462 |
NGAM Advisors L.P. |
Quinn*
Bucher
Hightower |
2(f) |
Refusal Affirmed |
|
MANAGED PORTFOLIO ADVISORS [Investment management services] |
|
No |
| 3-7 |
EX |
79100971 |
Siemens Aktiengesellschaft |
Bucher
Mermelstein
Bergsman* |
2(e)(1) |
Refusal Reversed |
|
ISCM [business management of the monitoring and analysis of the condition of assets that are components of electric energy supply networks to maximize performance and component life and reduce costs and downtimes of those components, namely, business management of programs for monitoring and analyzing the condition of individual pieces of equipment used in electrical power supply plants to determine if the equipment requires repair or replacement] |
|
No |
| 3-7 |
EX |
85267349 |
U.S. Tsubaki, Inc. |
Rogers
Kuhlke
Bergsman* |
1 & 45 (specimen) |
|
|
TSUBAKI: THE CHOICE FOR CHAIN [Industrial machine parts, namely, chains and sprockets] |
|
Yes |
| 3-7 |
EX |
77839055 |
Delta T Corporation |
Quinn
Ritchie
Hightower* |
1 & 45, 2(e)(5), Rule 2.61(b) |
Refusal on 2.61(b) Reversed; Both other Refusals Affirmed |
|
"yellow triangular shape with two curved sides and rounded corners" [Ventilating fans for commercial and industrial use] |
|
No |
| 3-7 |
EX |
85578775 |
Nuclear Care Partners, LLC |
Bucher*
Mermelstein
Hightower |
2(e)(1), 6(a) |
Refusal Affirmed in absence of disclaimer |
|
NCP NUCLEAR CARE PARTNERS (and design) [Health care; Holistic health services; Home health care services; Home nursing aid services; Home-visit nursing care; Providing assistance, fitness evaluation and consultation to individuals to help them make health, wellness and nutritional changes in their daily living to improve health; Providing health information; Providing in-person holistic health care services; Providing limited in-home personal medical services for individuals including checking vital signs, medication compliance and individual hygiene, scheduling doctor appointments, picking up prescriptions, checking medical equipment and supplies, and providing on-line information related to these personal medical services] |
|
No |
(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (MD)=Motion to Dismiss; (R)=Request for Reconsideration; (REM)=Decision on Remand (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 "Mail to be Directed to the
Director of the Patent And Trademark Office" 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.
Most correspondence may be submitted electronically. See the USPTO's
Electronic Filing System (EFS-Web) internet page
http://www.uspto.gov/patents/process/file/efs/index.jsp 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: Effective September 16, 2012, the Mail Stop description for Mail
Stop Ex Parte Reexam is being revised and a new Mail Stop for supplemental
examination requests is being added as Mail Stop Supplemental Examination.
Except correspondence for Maintenance Fee payments, Deposit Account
Replenishments (see 37 CFR 1.25(c)(4)), and Licensing and Review (see 37 CFR
5.1(c) and 5.2(c)), please address patent-related correspondence to be
delivered by other delivery services (Federal Express (Fed Ex), UPS, DHL,
Laser, Action, Purolator, 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-Patent 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 EBC Mail for the Electronic Business Center including:
Certificate Action Forms, Request for Customer
Number, 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.
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 OPAP 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 a non-publication request, corrected
patent application publication, and 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 as
attorney or agent 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 Original requests for Ex Parte Reexamination
Reexam and all subsequent correspondence other
than correspondence to the Office of the Solicitor
(see 37 CFR 1.1(a)(3) and 1.302(c)). Effective
September 16, 2012, this mail stop is also to be
used for any papers to be filed in an ex parte
reexamination proceeding ordered as a result of
a supplemental examination proceeding.
Mail Stop Inter Original requests for Inter Partes Reexamination
Partes Reexam and all subsequent correspondence other than
correspondence to the Office of the Solicitor
(see 37 CFR 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 Stop Supplemental (Effective September 16, 2012). Requests for
Examination Supplemental Examination, including original
request papers and any other correspondence, other
than correspondence to the Office of the
Solicitor (see 37 CFR Secs. 1.1(a)(3) AND 1.302(c)).
This mail stop is limited to original request papers
and any other papers that are to be filed in a
supplemental examination proceeding. For any papers
to be filed in an ex parte reexamination proceeding
ordered as a result of a supplemental examination
proceeding, use "Mail Stop Ex Parte Reexam".
Information for addressing patent-related correspondence may also be found
on the USPTO's web site at http://www.uspto.gov/patents/mail.jsp.
MAIL TO BE DIRECTED TO THE COMMISSIONER FOR TRADEMARKS
Please address trademark-related correspondence 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 Dulany Street
MDE-7B87
Alexandria, VA 22314-5796
Mail to be delivered by the USPS to the Office's Deputy Commissioner for
Trademark Policy regarding Letters of Protest must be mailed to:
Letter of Protest
ATTN: Deputy Commissioner for Trademark Policy
600 Dulany Street
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 Dulany 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:
Native American Tribal Insignia
ATTN: Commissioner for Trademarks
600 Dulany Street
MDE-10A71
Alexandria, VA 22314-5793
Do NOT send any of the following via USPS certified mail or with a
"signature required" option: submissions to the Madrid Processing Unit,
Letters of Protest, applications for recordal of insignia under the
Fastener Quality Act, notifications of Native American Tribal Insignia.
Trademark-related mail to be delivered by hand or other private courier
or delivery service (e.g., UPS, Federal Express) to the Trademark Operation,
the Trademark Trial and Appeal Board, or the Office's Madrid Processing Unit,
must be delivered to:
Trademark Assistance Center
Madison East, Concourse Level Room C 55
600 Dulany Street
Alexandria, VA 22314
Information for addressing trademark-related correspondence may also be found
on the USPTO's web site at http://www.uspto.gov/trademarks/mail.jsp.
MAIL TO BE DIRECTED TO THE DIRECTOR OF THE UNITED STATES
PATENT AND TRADEMARK OFFICE
Please address correspondence 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 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 External Mail for the Office of External Affairs.
Affairs
Mail Stop Interference Communications relating to interferences and
applications and patents involved in interference.
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 may be made to:
Director of the U.S. 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 U.S. Patent and Trademark Office
Attn: Deposit Accounts
2051 Jamieson Avenue, Suite 300
Alexandria, VA 22314
Information abount deposit account replenishments may also be found on
the USPTO's web site at
http://www.uspto.gov/about/offices/cfo/finance/Deposit_Account_
Replenishments.jsp
Top of Notices
| Reference Collections of U.S. Patents Available for Public Use in Patent and Trademark Resource Centers |
Reference Collections of U.S. Patents Available for
Public Use in Patent and Trademark Resource Centers
The following libraries, designated as Patent and Trademark Resource Centers
(PTRCs), 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 PTRC 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 Fairbanks: Keith B. Mather Library,
Geophysical Institute,
University of Alaska, Fairbanks (907) 474-2636
Arizona Phoenix, Arizona
State Library of Arizona
Arizona State Library Archives
and Public Records (602) 926-3870
Arkansas Little Rock: Arkansas State
Library (501) 682-2053
California Los Angeles Public Library (213) 228-7220
Riverside: University of
California, Riverside, Orbach
Science Library (951) 827-3316
Sacramento: California State
Library (916) 654-0261
San Diego Public Library (619) 236-5800
San Francisco Public Library (415) 557-4500
Sunnyvale Public Library (408) 730-7300
Colorado Denver Public Library (720) 865-1711
Connecticut Fairfield: Ryan-Matura Library
Sacred Heart University (203) 371-7726
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: Library and Information
Center, Georgia Institute of
Technology (404) 385-7185
Hawaii Honolulu: Hawaii State Library (808) 586-3477
Illinois Chicago Public Library (312) 747-4450
Macomb: Western Illinois
University Libraries (309) 298-2722
Indiana Indianapolis-Marion County Public
Library (317) 269-1741
West Lafayette Siegesmund
Engineering Library,
Purdue University (765) 494-2872
Iowa Davenport: Davenport Public Library (563) 326-7832
Kansas Wichita: Ablah Library, Wichita
State University 1 (800) 572-8368
Kentucky Louisville Free Public Library (502) 574-1611
W. Frank Steely Library
Northern Kentucky University
Highland Heights, Kentucky (859) 572-5457
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: Art, Architecture &
Engineering Library,
University of Michigan (734) 647-5735
Big Rapids: Ferris Library for
Information, Technology &
Education, Ferris State
University (231) 592-3602
Detroit: Public Library (313) 481-1391
Michigan Technological
University, Van Pelt and
Opie Library, Houghton (906) 487-2500
Minnesota Hennepin County Library
Minneapolis Central Library (612) 543-8000
Mississippi Jackson: Mississippi Library
Commission (601) 961-4111
Missouri Kansas City: Linda Hall Library (816) 363-4600
Ext. 724
St. Louis Public Library (314) 352-2900
Montana Butte: Montana Tech Library of
the University of Montana (406) 496-4281
Nebraska Lincoln: Engineering Library,
University of Nebraska-Lincoln (402) 472-3411
New Hampshire Concord: University of New
Hampshire School of Law (603) 513-5130
Nevada Reno: University of Nevada, Reno,
Mathewson-IGT Knowledge Center (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 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: New York Public Library,
Science Industry & Business Library (212) 592-7000
North Carolina J. Murrey Atkins Library, University
of North Carolina at Charlotte (704) 687-0494
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
Dayton: Paul Laurence Dunbar
Library, Wright State University (937) 775-3521
Toledo/Lucas County Public Library (419) 259-5209
Oklahoma Stillwater: Oklahoma State
University Edmon Low Library (405) 744-6546
Pennsylvania Philadelphia, The Free Library of (215) 686-5394
Pittsburgh, Carnegie Library of (412) 622-3138
University Park: PAMS Library,
Pennsylvania State University (814) 865-7617
Puerto Rico Bayamon: Learning Resources Center,
University of Puerto Rico (787) 993-0000
Ext. 3222
Mayaquez General Library,
University of Puerto Rico (787) 832-4040
Ext. 2023
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 and
Engineering Library, Vanderbilt
University (615) 322-2717
Texas Austin: McKinney Engineering
Library, University of Texas at
Austin (512) 495-4511
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
Washington Seattle: Engineering Library,
University of Washington (206) 543-0740
West Virginia Morgantown: Evansdale Library,
West Virginia University (304) 293-4695
Wisconsin Wendt Commons Library,
University of Wisconsin-Madison (608) 262-0696
Milwaukee Public Library (414) 286-3051
Wyoming Cheyenne: Wyoming State Library (307) 777-7281
Top of Notices
| Patent Technology Centers |
| PATENT TECHNOLOGY CENTERS |
| AVERAGE FILING DATE OF APPLICATIONS RECEIVING A FIRST OFFICE ACTION IN THE LAST 3 MONTHS1
|
Technology
Center |
GAU |
Avg Filing Date |
| 1600 |
BIOTECHNOLOGY, AND ORGANIC CHEMISTRY |
| |
1610 |
03/15/2013 |
| |
1620 |
02/18/2013 |
| |
1630 |
10/17/2012 |
| |
1640 |
01/28/2013 |
| |
1650 |
01/16/2013 |
| |
1660 |
10/08/2012 |
| |
1670 |
01/04/2013 |
| |
TOTAL |
01/13/2013 |
| |
|
|
| 1700 |
CHEMICAL AND MATERIALS ENGINEERING AND DESIGNS |
| |
1710 |
06/08/2012 |
| |
1720 |
08/02/2012 |
| |
1730 |
09/28/2012 |
| |
1740 |
08/17/2012 |
| |
1750 |
05/30/2012 |
| |
1760 |
11/22/2012 |
| |
1770 |
07/11/2012 |
| |
1780 |
08/29/2012 |
| |
1790 |
12/01/2012 |
| |
TOTAL |
08/20/2012 |
| |
|
|
| 2100 |
COMPUTER ARCHITECTURE AND SOFTWARE |
| |
2110 |
06/08/2012 |
| |
2120 |
02/16/2012 |
| |
2140 |
05/05/2012 |
| |
2150 |
09/22/2012 |
| |
2160 |
09/28/2012 |
| |
2170 |
06/05/2012 |
| |
2180 |
07/14/2012 |
| |
2190 |
05/21/2012 |
| |
TOTAL |
06/20/2012 |
| |
|
|
| 2400 |
NETWORKING, MULTIPLEXING, CABLE AND SECURITY |
| |
2410 |
08/02/2012 |
| |
2420 |
02/28/2013 |
| |
2430 |
10/17/2012 |
| |
2440 |
07/14/2012 |
| |
2450 |
07/02/2012 |
| |
2460 |
06/26/2012 |
| |
2470 |
06/11/2012 |
| |
2480 |
03/12/2012 |
| |
2490 |
09/28/2012 |
| |
TOTAL |
07/24/2012 |
| |
|
|
| 2600 |
COMMUNICATIONS |
| |
2610 |
03/03/2012 |
| |
2620 |
05/05/2012 |
| |
2630 |
09/07/2012 |
| |
2640 |
08/23/2012 |
| |
2650 |
07/08/2012 |
| |
2660 |
07/24/2012 |
| |
2670 |
09/07/2012 |
| |
2680 |
09/16/2012 |
| |
2690 |
05/27/2012 |
| |
TOTAL |
07/20/2012 |
| |
|
|
| 2800
|
SEMICONDUCTORS/MEMORY, CIRCUITS/MEASURING AND TESTING, OPTICS/PHOTOCOPYING |
| |
2810 |
12/01/2012 |
| |
2820 |
12/07/2012 |
| |
2830 |
06/17/2012 |
| |
2840 |
08/29/2012 |
| |
2850 |
08/11/2012 |
| |
2860 |
01/17/2012 |
| |
2870 |
08/11/2012 |
| |
2880 |
09/16/2012 |
| |
2890 |
01/10/2013 |
| |
TOTAL |
09/04/2012 |
| |
|
|
| 2900
|
|
| |
2910 |
03/21/2013 |
| |
TOTAL |
03/21/2013 |
| |
|
|
| 3600
|
TRANSPORTATION, CONSTRUCTION, ELECTRONIC COMMERCE, AGRICULTURE, NATIONAL SECURITY AND LICENSE AND REVIEW
|
| |
3610 |
12/26/2012 |
| |
3620 |
11/22/2012 |
| |
3630 |
12/29/2012 |
| |
3640 |
08/02/2012 |
| |
3650 |
09/04/2012 |
| |
3660 |
10/26/2012 |
| |
3670 |
10/20/2012 |
| |
3680 |
12/26/2012 |
| |
3690 |
05/21/2013 |
| |
TOTAL |
11/10/2012 |
| |
|
|
| 3700
|
MECHANICAL ENGINEERING, MANUFACTURING AND PRODUCTS |
| |
3710 |
09/22/2012 |
| |
3720 |
05/12/2012 |
| |
3730 |
08/14/2012 |
| |
3740 |
01/02/2012 |
| |
3750 |
05/02/2012 |
| |
3760 |
09/28/2012 |
| |
3770 |
08/17/2012 |
| |
3780 |
10/01/2012 |
| |
TOTAL |
06/08/2012 |
| |
|
|
| |
1 Report last updated on 2-28-2014. |
Top of Notices
Top of Notices April 8, 2014