(191) THE RETENTION SCHEDULE FOR TRADEMARK RECORDS
As with most government agencies, the Patent and Trademark Office disposes
of old files, papers and records pursuant to a specific schedule. In an
effort to clarify any questions concerning the procedures for disposing
of Trademark records and in response to public inquiries, the present
Retention Schedule for Trademark Records and other records including
trademark matters which may be of interest to the public is set forth as
follows:
International Intellectual Property Activities Case Files. Project case
files showing Patent and Trademark Office activity relating to problems
concerning the protection of intellectual property throughout the world.
Includes correspondence with private individuals, the Department of State
and other countries; reports, records of international meetings
concerning patents; trademarks and other matters pertaining to the
protection of intellectual property throughout the world; and other
materials relating to international affairs.
PERMANENT. Transfer to FRC 5 years after close of case. Offer to
National Archives when 25 years old.
Proposed Intellectual Property Legislation Files. Documents accumulated
in the preparation and processing of legislation proposed by or in the
interests of the Patent and Trademark Office. Includes drafts of
legislation, reports to committees on introduced legislation, and
comments on legislative proposals.
PERMANENT. Transfer to FRC after 5 years. Offer to National
Archives when 25 years old.
Trademark Adversary Proceedings Files. Consists of Trademark Opposition,
Cancellation, Interference, and Concurrent-Use proceedings files.
The past schedule to destroy after 10 years is in the process of
being changed. At this time, these records are not being disposed
of pending the new amendment to this section.
Canceled Trademark Registration Files. Consists of original application
and all related correspondence.
Destroy 2 years after the date of cancellation.
Expired Trademark Registration Files. Consists of original application
and all related correspondence.
Destroy 2 years after expiration of registration.
Abandoned Trademark Application Files. Consists of original application
and all related correspondence.
Destroy 2 years after date of abandonment.
Trademark Renewal Index. Index to trademark registration that are renewed.
PERMANENT. Offer to National Archives when no longer needed for
reference.
Indexes to Trademark Applications. Index shows applicant's name, serial
number of application, filing date, name of mark description of goods,
attorney's name, and final disposition of the application.
A. Applicant's Index.
PERMANENT. Offer to National Archives when no longer needed for
reference.
B. Serial Index.
PERMANENT. Offer to National Archives when no longer needed for
reference.
Proceedings Index to Trademark Adversary Proceedings. Index arranged by
type of proceeding. Shows status of proceeding prior to and immediately
after a decision by the Board.
Destroy 3 years after termination of the proceeding.
Trademark Adversary Proceeding Records. Card file showing records of
Trademark Adversary Proceedings.
PERMANENT. Offer to National Archives when no longer needed for
reference.
Trademarks Published in Official Gazette. Clippings of marks from Official
Gazette.
a. Those which have been opposed.
Retain in agency until no longer needed for reference.
b. All others.
Destroy when mark is registered.
Trademark Registrant's Index. Index to Trademark registrant's name,
includes serial and registration numbers, date of registration, line of
goods and other related information.
PERMANENT. Offer to National Archives when no longer needed for
reference.
Class of Goods Index. Card index used to indicate into what class any
conceivable goods may fall.
Destroy after information transferred to magnetic media.
Index to Trademark Trial and Appeal Board Cases. Record of trademark
trial and appeal board cases.
PERMANENT. Offer to National Archives when no longer needed for
reference.
Public Advisory Committee for Trademark Affairs Files.
a. Agenda, minutes, correspondence, reports and related supporting files.
PERMANENT. Transfer to Federal Records when 10 years old. Offer
to National Archives when 25 years old.
b. Paper and reference materials.
Destroy when 10 years old or no longer needed for reference,
whichever is sooner.
Seminar in Trademark Practice and Procedure Files. Record set of training
materials used in training trademark examiners.
PERMANENT. Transfer to Federal Records Center when 10 years old.
Offer to National Archives when 25 years old.
Trademark Petitions Files. Petitions to the Commissioner relating to
trademarks with related materials.
a. Original Petitions in trademark case file.
Dispose of with related case file.
b. Other copies.
Destroy when 2 years old.
Trademark Protest Letters. Letters of protest to the Commissioner related
to trademarks.
Destroy when no longer needed or when three years old, whichever
is earlier.
International Patent and Trademark Activities Case Files. Project case
files showing Patent and Trademark Office activity relating to
international patent and trademark programs.
PERMANENT. Transfer to office responsible for international
affairs after case is closed.
a. Records that supplement the International Property Activities Case
Files (Item 103).
Destroy 5 years after close of case or sooner if no longer needed.
b. Other materials.
PERMANENT. Transfer to FRC 5 years after close of case. Offer to
National Archives when 25 years old.
International Intellectual Property Activities Case Files. Project case
files showing Patent and Trademark Office activity relating to problems
concerning the protection of intellectual property throughout the world.
Includes correspondence with private individuals, the Department of State
and other countries; reports; records of international meetings
concerning patents, trademarks and other matters pertaining to the
protection of intellectual property throughout the world; and other
materials relating to international affairs.
PERMANENT. Transfer to FRC after 5 years. Offer to National
Archives when 25 years old.
Proposed Intellectual Property Legislation Files. Documents accumulated
in the preparation and processing of legislation proposed by or in the
interest of the Patent and Trademark Office. Includes drafts or
legislation, reports to committees on introduced legislation, and
comments on legislative proposals.
Destroy 30 days after applicant is notified that the specimens
are unacceptable, unless picked up sooner by the applicant.
Bulky Trademark Specimens. Trademark applications specimens which do not
strictly meet the basic requirements for physical form of specimens which
state:
1. That they be made of material suitable for being placed inside a
manila file wrapper.
2. That they be capable of being arranged flat, such as being folded.
3. That they be of a size not to exceed 8 1/2 inches wide by 13 inches
long. (Rule 2.56).
These requirements provide for specimens which will fit inside the
application file wrapper, which is 9 x 14 inches in size and which will
conveniently expand to about one inch thickness.
Specimens which do not meet the above requirements are referred to as
"bulky" specimens and the Examiner must require that they be replaced by
specimens of acceptable size and shape.
February 28, 1979 SAUL LEFKOWITZ
Acting Assistant Commissioner
for Trademarks
[980 TMOG 16]