(431) DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 2 and 7
[Docket No.: PTO-T-2007-0005]
RIN 0651-AC11
Correspondence With the Madrid Processing Unit of the
United States Patent and Trademark Office
Agency: United States Patent and Trademark Office, Commerce
Action: Final Rule
SUMMARY: The United States Patent and Trademark Office
(Office) revises the rules of practice to change the address for
correspondence with the Madrid Processing Unit of the Office. The
Office relocated to Alexandria, Virginia, in 2004, and hereby changes
the address for correspondence with the Office relating to filings
pursuant to the Protocol Relating to the Madrid Agreement Concerning
the International Registration of Marks to an Alexandria, Virginia
address.
EFEFFECTIVE DATE: The changes in this final rule are effective April 16,
2007.
FOR FURTHER INFORMATION CONTACT: Jennifer Chicoski, Office of the
Commissioner for Trademarks, (571) 272-8943, or via e-mail at
Jennifer.chicoski@uspto.gov.
SUPPLEMENTARY INFORMATION: In connection with the relocation of the Office
to Alexandria, Virginia, in 2004, the Office previously changed most of its
correspondence addresses so that correspondence has been routed through a
United States Postal Service (USPS) facility that is more conveniently
located to the Office. A post office box had been retained in Arlington,
Virginia, the previous location of the Office, for the acceptance of
certain correspondence, including submissions to the Madrid Processing Unit
(MPU) of the Office.
The Office has now made arrangements so that correspondence to
the MPU may be routed to the Office at its current location. In
connection with the address change, the USPS has provided a separate
routing +4 zip code to distinguish mail for the MPU from other Office
mail, and all correspondence to the MPU should now be sent to the
Office's main headquarters, addressed with the separate routing +4 zip
code.
The Office appreciates that it will take some period of time
for all persons filing correspondence with the MPU to become accustomed
to the address change. Although the address change is effective
immediately, the Office plans to arrange for continued delivery of
correspondence addressed to the MPU's former Arlington, Virginia 22215
address as a courtesy for a limited period of time. The Office
cannot ensure the availability of the Arlington, Virginia Post Office
Box for receipt of MPU correspondence after October 31, 2007.
The Office also is adding reference to a particular type of
correspondence, requests to note replacements under Sec. 7.28, that are
presently not identified in the rule as being accepted by mail or via
hand delivery, in order to clarify that the Office does accept such
requests by mail or by hand during the hours the Office is open to
receive correspondence.
Discussion of Specific Rules
The Office is amending Secs. 2.190(e) and 7.4(b) to provide that
international applications under Sec. 7.11, subsequent designations
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under Sec. 7.21, responses to notices of irregularity under Sec. 7.14,
requests to record changes in the International Register under Sec. 7.23
and Sec. 7.24, requests to note replacement under Sec. 7.28, requests for
transformation under Sec. 7.31, and petitions to the Director to review
an action of the Office's MPU, when filed by mail, must be addressed
to: Madrid Processing Unit, 600 Dulany Street, MDE-7B87, Alexandria, VA
22314-5793. The Office is amending Sec. 7.4(b)(2) to add that requests to
note replacement under Sec. 7.28, when filed by mail, will be accorded
the date of receipt in the Office. The Office is amending Sec. 7.4(c) to
add requests to note replacement under Sec. 7.28 to the list of
correspondence that may be hand-delivered to the Office.
Rule Making Requirements
Administrative Procedure Act: Since this final rule is
directed to changing the address for filing certain correspondence with
the Office, this final rule merely involves rules of agency
organization, procedure, or practice within the meaning of 5 U.S.C.
553(b)(A). Accordingly, this final rule may be adopted without prior
notice and opportunity for public comment under 5 U.S.C. 553(b) and
(c), or thirty-day advance publication under 5 U.S.C. 553(d).
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), a regulatory flexibility analysis under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is not
required. See 5 U.S.C. 603.
Executive Order 13132: This rule making does not
contain policies with federalism implications sufficient to warrant
preparation of a Federalism Assessment under Executive Order 13132
(Aug. 4, 1999).
Executive Order 12866: This rule making has been
determined to be not significant for purposes of Executive Order 12866
(Sept. 30, 1993).
Paperwork Reduction Act: This rule making does not
create any new information collection requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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. The
collection of this information has been approved by OMB under control
number 0651-0055.
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 Office is
amending parts 2 and 7 of Title 37 of the Code of Federal Regulations,
as follows:
PART 2 - RULES OF PRACTICE IN TRADEMARK CASES
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1. The authority citation for part 2 continues to read:
Authority: 15 U.S.C. 1123, 35 U.S.C. 2, unless otherwise noted.
2. Amend Sec. 2.190 by revising paragraph (e) to read as follows:
Sec. 2.190 Addresses for trademark correspondence with the United States
Patent and Trademark Office.
* * * * *
(e) Certain Documents Relating to International Applications and
Registrations. International applications under Sec. 7.11, subsequent
designations under Sec. 7.21, responses to notices of
irregularity under Sec. 7.14, requests to record changes in the
International Register under Sec. 7.23 and Sec. 7.24, requests to note
replacements under Sec. 7.28, requests for transformation under Sec. 7.31,
and petitions to the Director to review an action of the Office's
Madrid Processing Unit, when filed by mail, must be mailed to: Madrid
Processing Unit, 600 Dulany Street, MDE-7B87, Alexandria, VA 22314-5793.
PART 7 - RULES OF PRACTICE IN FILINGS PURSUANT TO THE PROTOCOL RELATING
TO THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS
3. The authority citation for part 7 continues to read:
Authority: 15 U.S.C. 1135, 35 U.S.C. 2, unless otherwise noted.
4. Amend Sec. 7.4 by revising paragraphs (b), (b)(2) and (c) to
read as follows:
Sec. 7.4 Receipt of Correspondence.
* * * * *
(b) Correspondence Filed By Mail. International applications under
Sec. 7.11, subsequent designations under Sec. 7.21, responses to notices of
irregularity under Sec. 7.14, requests to record changes in the
International Register under Sec. 7.23 and Sec. 7.24, requests to note
replacement under Sec. 7.28, requests for transformation
under Sec. 7.31, and petitions to the Director to review an action of the
Office's Madrid Processing Unit, when filed by mail, must be addressed
to: Madrid Processing Unit, 600 Dulany Street, MDE-7B87, Alexandria, VA
22314-5793.
(1) * * *
(2) Responses to notices of irregularity under Sec. 7.14,
requests to note replacement under Sec. 7.28, and requests for
transformation under Sec. 7.31, when filed by mail, will be accorded the
date of receipt in the Office.
(c) Hand-Delivered Correspondence. International applications under
Sec. 7.11, subsequent designations under Sec. 7.21,
responses to notices of irregularity under Sec. 7.14, requests to record
changes in the International Register under Sec. 7.23 and Sec. 7.24,
requests to note replacement under 7.28, requests for transformation
under Sec. 7.31, and petitions to the Director to review an action of the
Office's Madrid Processing Unit, may be delivered by hand during the
hours the Office is open to receive correspondence. Madrid-related
hand-delivered correspondence must be delivered to the Trademark
Assistance Center, James Madison Building - East Wing, Concourse Level,
600 Dulany Street, Alexandria, VA 22314, Attention: MPU.
* * * * *
April 9, 2007 JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
[1318 TMOG 115]