directly by or reviewed by the Commissioner; and (3) to invoke the supervisory authority of the Commissioner in appropriate circumstances.

(b) Any such petition must contain a statement of the facts involved and the point or points to be reviewed and the action requested. Any brief in support thereof should accompany or be embodied in the petition; in contested cases any brief in opposition shall be filed within fifteen days after service of the petition. Where facts are to be proved in ex parte cases (as in a petition to revive an abandoned application), the proof in the form of affidavits (and exhibits, if any) must accompany the petition.

(c) An oral hearing will not be held except when considered necessary by the Commissioner.

(d) The mere filing of a petition will not stay the period for replying to an Examiner's action, nor stay other proceedings.

(e) Authority to act on a petition may, when appropriate, be delegated by the Commissioner.

(f) No fee is required for a petition to the Commissioner.

2.147 Cases not specifically defined. All cases not specifically defined and provided for by the rules in this part will be decided in accordance with the merits of each case under the authority of the Commissioner, and such decision will be communicated to the interested parties in writing.

2.148 Commissioner may suspend certain rules. In an extraordinary situation, when justice requires and no other party is injured thereby, any requirement of the rules in this part not being a requirement of the statute may be suspended or waived by the Commissioner.

CERTIFICATE

2.151 Certificate. When the requirements of the law and of the rules have been complied with, and the Patent Office has adjudged a mark registrable, a certificate will be issued to the effect that the applicant has complied with the law and that he is entitled to registration of his mark on the Principal Register or on the Supplemental Register, as the case may be. The certificate will state the date on which the application for registration was filed in the Patent Office, the act under which the mark is registered, the date of issue and the number of the certificate. Attached to the certificate and forming a part thereof will be a reproduction of the mark and pertinent data from the application. A notice of the affidavit requirement of section 8(a) of the act (rule 2.161) will be printed on the certificate.

PUBLICATION OF MARKS REGISTERED UNDER 1905 ACT AUTHORITY NOTE: Rules 2.153 to 2.156 interpret or apply sec. 12, 60 Stat. 432; 15 U.S.C. 1062.

2.153 Publication requirements. A registrant of a mark registered under the provisions of the acts of 1881 or 1905 may, at any time prior to the expiration of the period for which the registration was issued or renewed, upon the payment of the prescribed fee, file an affidavit setting forth those goods stated in the registration on which said mark is in use in commerce, specifying the nature of such commerce, and stating that the registrant claims the benefits of the Trademark Act of 1946. An order for a title report for Office use (or an abstract of title) shall accompany the affidavit.

2.154 Publication in Official Gazette. A notice of the claim of benefits under the act of 1946 and a reproduction of the mark will then be published in the Official Gazette as soon as practicable. The published mark will retain its original registration number.

2.155 Notice of publication. A notice of such publication of the mark and of the requirement for the affidavit specified in section 8(b) of the act (rule 2.161) will be sent to the registrant.

2.156 Not subject to opposition; subject to cancellation. The published mark is not subject to opposition on such publication in the Official Gazette, but is subject to petitions to cancel as specified in rule 2.111 and to cancellation for failure to file the affidavit specified in rule 2.161.

REREGISTRATION OF MARKS REGISTERED UNDER

PRIOR ACTS

2.158 Reregistration of marks registered under acts of 1881, 1905, and 1920. Trademarks registered under the act of 1881, the act of 1905 or the act of 1920 may be reregistered under the act of 1946, either on the Principal Register, if eligible, or on the Supplemental Register, but a new complete application for registration must be filed complying with the rules relating thereto, and such application will be subject to examination and other proceedings in the same manner as other applications filed under the act of 1946. See rule 2.26 for use of old drawing.

CANCELLATION FOR FAILURE TO FILE AFFIDAVIT DURING SIXTH YEAR

AUTHORITY NOTE: Rules 2.161 to 2.165 interpret or apply sec. 8, 60 Stat. 431; 15 U.S.C. 1058.

2.161 Cancellation for failure to file affidavit during sixth year. Any registration under the provisions of the act of 1946 and any registration published under the provisions of section 12 (c) of the

act (rule 2.153) shall be cancelled at the end of six years following the date of registration or the date of such publication, unless within one year next preceding the expiration of such six years the registrant shall file in the Patent Office an affidavit showing that said mark is still in use or showing that its nonuse is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark.

2.162 Requirements for affidavit. (a) The affidavit required by rule 2.161 must:

(1) Be executed by the registrant after expiration of the five-year period following the date of registration or publication under section 12(c);

(2) Identify the certificate of registration by the certificate number and date of registration;

(3) Recite sufficient facts to show that the mark described in the registration is still in use, specifying the nature of such use, or recite sufficient facts to show that its nonuse is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark; and

(4) Be accompanied by an order for a title report for Office use (or an abstract of title).

(b) A specimen or facsimile showing the mark as currently used should be submitted with and referred to in the affidavit.

2.163 Notice to registrant. If no affidavit is filed within a reasonable time prior to expiration of the sixth year, the registrant may be notified that the registration will be cancelled by the Commissioner at the end of such sixth year unless the owner files in the Patent Office the affidavit of use or excusable nonuse required by section 8. Failure to notify the registrant does not, however, relieve the registrant of the responsibility of filing the affidavit within the period required by

statute.

2.164 Acknowledgment of receipt of affidavit. The registrant will be notified by the Examiner of Trademarks of the receipt of the affidavit and, if satisfactory, of its acceptance.

2.165 Reconsideration of affidavit. (a) If the affidavit is insufficient, the registrant will be notified of the reasons by the Examiner. Reconsideration of such refusal may be requested within six months from the date of the mailing of the notice. The request for reconsideration must state the reasons therefor; a supplemental or substitute affidavit required by section 8 of the act cannot be considered unless it is received before the expiration of six years from the date of the registration, or from the date of publication under section 12(c).

(b) If the registrant is dissatisfied with the action of the Examiner holding the affidavit insufficient, he may request the Commissioner to review the action under rule 2.146. The decision of the Commissioner

on such a request constitutes the final action of the Patent Office. If there is no review by the Commissioner, the Commissioner will notify the registrant of the insufficiency of the affidavit after the expiration of the sixth year, which notice will constitute such final action. See rule 2.145 for appeal to or review by court.

2.166 Time of cancellation. If no affidavit is filed within the sixth year following registration or publication under section 12(c), the registration will be cancelled forthwith by the Commissioner. If the affidavit is filed but is refused, cancellation of the registration will be withheld pending further proceedings.

AFFIDAVIT UNDER SECTION 15

2.167 Affidavit under section 15. The affidavit provided by section 15 of the act for acquiring incontestability for a mark registered on the Principal Register or a mark registered under the act of 1881 or 1905 and published under section 12(c) of the act (rule 2.153) must: (a) Be signed by the registrant ;

(b) Identify the certificate of registration by the certificate number and date of registration;

(c) 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 subsequent to the date of registration or date of publication under section 12(c) of the act, and is still in use in commerce, specifying the nature of such commerce;

(d) Specify that there has been no final decision adverse to registrant's claim of ownership of such mark for such goods or services, or to registrant'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 the Patent Office or in a 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).

The registrant will be notified of the receipt of the affidavit. (Sec. 15, 60 Stat. 433; 15 U.S.C. 1065)

2.168 Combined with other affidavits. (a) The affidavit filed under section 15 of the act may also be used as the affidavit required by section 8, provided it also complies with the requirements and is filed within the time limit specified in rules 2.161 and 2.162.

(b) In appropriate circumstances the affidavit filed under section 15 of the act may be combined with the affidavit required for renewal of a registration (see rule 2.183).

CORRECTION, DISCLAIMER, SURRENDER, ETC.

2.171 New certificate on change of ownership. In case of change of ownership of a registered mark, upon request of the assignee, a new certificate of registration may be issued in the name of the assignee for the unexpired part of the original period. The assignment must be recorded in the Patent Office, and the request for the new certificate must be signed by the assignee and accompanied by the required fee and by an order for title report for Office use (or abstract of title). The original certificate of registration, if available, must also be submitted.

(Sec. 7, 60 Stat. 430 as amended; 15 U.S.C. 1057)

2.172 Surrender for cancellation. Upon application by the registrant, the Commissioner may permit any registration to be surrendered for cancellation. Application for such action must be signed by the registrant and must be accompanied by an order for a title report for Office use (or an abstract of title) and, if not lost or destroyed, by the original certificate of registration.

(Sec. 7, 60 Stat. 430 as amended; 15 U.S.C. 1057)

2.173 Amendment and disclaimer in part. (a) Upon application by the registrant, the Commissioner may permit any registration to be amended or any registered mark to be disclaimed in part. Application for such action must specify the amendment or disclaimer and be signed and verified by the registrant, and must be accompanied by the required fee and by an order for a title report for Office use (or an abstract of title). If the amendment involves a change in the mark, new specimens showing the mark as used in connection with the goods or services, and a new drawing of the amended mark must be submitted. The certificate of registration or, if said certificate is lost or destroyed, a certified copy thereof, must also be submitted in order that the Commissioner may make appropriate entry thereon and in the records of the Office. The registration when so amended must still contain registrable matter and the mark as amended must be registrable as a whole, and such amendment or disclaimer must not involve such changes in the registration as to alter materially the character of the mark.

(b) Changes in the identification of goods other than in the nature of deletions will not be permitted except under the provisions of rule 2.175. No amendment seeking the elimination of a disclaimer will be permitted.

(c) A printed copy of the amendment or disclaimer shall be attached to each printed copy of the registration.

(Sec. 7, 60 Stat. 430 as amended; 15 U.S.C. 1057)