Filing and service of trial testimony. 2.125 Filing date, effective, after amendment of sec. 1(b) application to Supplemental Register 2.75(b) Filing requests for extensions of time for filing statement of use 2.89 Final refusal of application..... 2.64(a) Filing amendment to allege use during final action response pe riod...... 2.64(c) Reconsideration of........ 2.64(a) Final hearing, briefs at (inter partes proceeding).. 2.128 2.39 Multiple goods or services comprised in single class or multiple class es..... Required in amendment to allege use Required in request for extension of time to file statement of use .2.88(b)(1), (c), (i) Good cause, showing necessary for extension of time to file statement of Identification of goods and/or services: See Goods and/or services identification of. Identification of pending application or registered mark in correspond Inquiries directed to Patent and Trademark Office...... Intent-to-use applications under sec. 1(b): .....1.4 Abandonment for failure to timely file a statement of use 2.65(c) Amendments between notice of allowance and statement of use. ....2.76 2.77 Adding Party to interference Specimens filed with amendment to allege use or statement of use ... Statement of use When eligible for concurrent use.... When eligible for amendment to Supplemental Register. Interlocutory motions, inter partes proceeding Interference... Burden of proof..... Conflicting marks, co-pending applications for Declaration of interference ..... Declared only on petition to Commissioner Issue ... Marks must otherwise be deemed registrable Preliminary to interference Registrations and applications on the Supplemental Register, registrations under the Act of 1920, and registrations of incontestable marks not subject to interference. Revival of application abandoned for failure to timely file a statement of use 2.33 2.66 .... 2.91(b) 2.116-2.136 2.91-2.136 2.111–2.115 .....2.99 2.129(d) 2.128(a)(3) .2.132 Interference.. 2.91–2.93, 2.96, 2.98 When to file copy of interrogatories and answers there to with Trade mark Trial and Appeal Board............ 2.120(j)(8) Interruptions or emergencies in United States Postal Service 1.6(e) 2.81(b) J Judgment by default: Failure by plaintiff to file brief at final hearing Failure to answer cancellation..... Failure to answer notice of concurrent use proceeding Failure to answer opposition....... Failure to take testimony or offer other evidence Jurisdiction over published applications Amendment after publication of mark Remand to Examiner by Trademark Trial and Appeal Board....... L 2.128(a)(3) 2.114(a) 2.99(d)(3) 2.106(a) ..2.132 ...2.84 2.84(b) .2.142(f) Label approval, compliance with other laws.... ....2.69 Lawyers. See Attorneys. Letter, separate for each distinct subject of inquiry.... 1.4(c) Letters, address for mailing to Patent and Trademark Office......... .1.1 M Mailing, certificate of....... 1.8 Mailing address for correspondence with Patent and Trademark Office... ..1.1 Marks on Supplemental Register published only upon registration 2.82 2.153-2.156 Marks under sec. 12(c) not subject to opposition; subject to cancellation 2.156 Matters in evidence in inter partes cases Mistake in registration incurred through fault of applicant... Mistake in registration incurred through fault of Patent and Trademark To extend times for taking testimony upon written questions To suspend .... 2.124(d)(2) 2.121(a)(1), (c) 2.117 To take oral deposition abroad.. 2.120(c)(1), 2.123(a)(2) To use testimony from another proceeding between parties Multiple class applications Multiple goods or services comprised in single class or multiple classes... Issue date of ........... Notice of appeal to court and civil action Notice of concurrent use proceeding. 2.81(b) 2.145 Notice of appeal to Trademark Trial and Appeal Board. 2.142(a) 2.99(c), (d) Notice of claim of benefits of 1946 Act... 2.153-2.156 Notice of election by appellee to proceed by civil action after appeal to Notice of reliance on printed publications and official records. 2.122(e) 2.145(c)(4) Notice, where address of registrant in cancellation proceeding is unknown .2.118 Notification of acceptance of or deficiency in amendment to allege use .2.76(f), (g) Notification of acceptance of or deficiency in statement of use .2.88(f), (g) 2.113 Notification of grant or denial of request for an extension of time to file Oaths, before whom and when made in testimonial deposition. 2.123(e)(5) Claim of benefits under sec. 12(c) for marks registered under 1905 .2.154 First filed of applications for conflicting marks.. 2.83 .2.80 Marks on Supplemental Register published when registered. Official records, reliance on in inter partes proceeding.. 2.82 .2.122(e) Omission of matter from response to Examiner's action Answer.... Commencement of opposition Consolidated oppositions. Contents of opposition.... Corresponds to compliant in a court proceeding Extension of time for filing an opposition... Failure to timely answer Filing an opposition... Insufficient fees......... Notification of opposition... Procedure, inter partes Time for filing opposition Who may file opposition. Withdrawal of opposition.... Oral argument at final hearing in inter partes proceeding. Oral hearings.. Ex parte appeal. Inter partes proceedings On petition to Commissioner Oral promise, stipulation, or understanding... Ownership, prior registrations, identification in application P Papers, size and margins of application Papers of application not returnable Patent Rules, applicable. Payment of money... Pending application index.. Period for response to Office actions. Personal appearance unnecessary. Persons who may practice before the Patent and Trademark Office in trademark cases... Petition for cancellation. 2.31 2.25 2.1 1.22, 1.23 2.27 2.62 1.2 10.14 2.111-2.115 Petition for rehearing, reconsideration or modification of decision: Any case not specifically defined and provided for by rules 2.146(a)(4) 2.146(c) Delegation of authority to act on petitions 2.146(h) Extraordinary situation requiring suspension or waiver of requirement of rules.... 2.146(a)(5) Fee..... 2.6 From denial of request for extension of time to file statement of use... 2.89(g) From denial of request for extension of time to oppose 2.146(e)(1) From interlocutory order of Trademark Trial and Appeal Board 2.146(e)(2) .2.146(a)(3) Oral hearing on petition........ 2.146(f) .... Repeated action or requirement of Examiner regarding subject matter appropriate for petition.. Reconsideration of refusal to accept sec. 8 affidavit or declaration. Relief from repeated formal requirement of Examiner. Review of adverse action on correction, disclaimer, surrender, etc. of registration........... Stays time in appeal, inter partes proceeding, or reply to Office action only when stay is specifically requested and granted Subject matter for petitions Time to file petition.... To accord filing date as of date of deposit as Express Mail Pleading, amendment of .................... Position of parties in inter partes proceedings .2.96, 2.99(e), 2.116(b) Postal Service, United States, interruptions or emergencies in 1.6(e) |