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(b) The declaration or verified statement, specimen or facsimile specimen and the fee for each class for which renewal is sought in the registration must be filed within the period prescribed for applying for renewal. If defective or insufficient, they cannot be completed after the period for applying for renewal has passed; if completed after the initial six month period has expired but before the expiration of the three month delay period, the application can be considered only as a delayed application for renewal.
(c) If the mark is not in use in commerce at the time of filing of the declaration or verified statement as to any class for which renewal is sought, facts must be recited to show that nonuse is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark. There must be a recitation of facts as to nonuse for each class for which renewal is sought or it must be clear that the facts recited apply to each class sought to be renewed. If the facts recited require amplification, or explanation, in order to show excusable nonuse, further evidence may be submitted and considered even though filed after the period for applying for renewal has passed.
(d) If the applicant is not domiciled in the United States, the application for renewal must include the designation of some person resident in the United States on whom may be served notices or process in proceedings affecting the mark.
(e) If the mark is registered under the Act of 1920, the application for renewal must include a showing which is verified or which includes a declaration in accordance with $2.20 that renewal is required to support foreign registrations.
the application for renewal will be considered abandoned. A request to reconsider a refusal of renewal shall be a condition precedent to a petition to the Commissioner to review the refusal of renewal.
(b) If the refusal of renewal is adhered to, the registrant may petition the Commissioner to review the action under $2.146(a)(2). The petition to the Commissioner requesting review of the action adhering to the refusal of the renewal must be filed within six months from the date of mailing of the action which adhered to the refusal. If a timely petition to the Commissioner is not filed, the application for renewal will be considered abandoned.
(c) The decision of the Commissioner on the petition will constitute the final action of the Patent and Trademark Office.
(d) A petition to the Commissioner for review of the action shall be a condition precedent to an appeal to or action for review by any court.
[48 FR 23143, May 23, 1983)
8 2.185–2.187 (Reserved)
AMENDMENT OF RULES
82.189 Amendments to rules.
(a) All amendments to this part will be published in the Official Gazette and in the FEDERAL REGISTER.
(b) Whenever required by law, and in other cases whenever practicable, notice of proposed amendments to these rules will be published in the FEDERAL REGISTER and in the Official Gazette. If not published with the notice, copies of the text will be furnished to any person requesting the same. All comments, suggestions, and briefs received within a time specified in the notice will be considered before adoption of the proposed amendments which may be modified in the light thereof. Oral hearings may be held at the discretion of the Commissioner.
(30 FR 13193, Oct. 16, 1965, as amended at 31 FR 5262, Apr. 1, 1966; 41 FR 761, Jan. 5, 1976)
82.184 Refusal of renewal.
(a) If the application for renewal is incomplete or defective, the renewal will be refused. The application may be completed or amended in response to a refusal, subject to the provisions of 82.183. If a response to a refusal of renewal is not filed within six months from the date of mailing of the action,
PART 3-ASSIGNMENT, RECORD
ING AND RIGHTS OF ASSIGNEE
EDITORIAL NOTE: Part 3 pertaining to both patents and trademarks is placed following part 1. It appears on page 178 of this volume.
PART 5-SECRECY OF CERTAIN IN
VENTIONS AND LICENSES TO EX-
EDITORIAL NOTE: Part 5 is placed in a separate grouping of parts pertaining to patents. It appears on page 182 of this volume.
PART 6-CLASSIFICATION OF
GOODS AND SERVICES UNDER THE TRADEMARK ACT
Sec. 6.1 International schedule of classes of
goods and services. 6.2 Prior U.S. schedule of classes of goods
and services. 6.3 Schedule for certification marks. 6.4 Schedule for collective membership
marks. AUTHORITY: Secs. 30, 41, 60 Stat. 436, 440; 15 U.S.C. 1112, 1123.
86.1 International schedule of classes
of goods and services.
GOODS 1. Chemical products used in industry, science, photography, agriculture, horticulture, forestry; artificial and synthetic resins; plastics in the form of powders, liquids or pastes, for industrial use; manures (natural and artificial); fire extinguishing compositions; tempering substances and chemical preparations for soldering; chemical substances for preserving foodstuffs; tanning substances; adhesive substances used in industry.
2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colouring matters, dyestuffs; mordants; natural resins; metals in foil and powder form for painters and decorators.
3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
4. Industrial oils and greases (other than oils and fats and essential oils); lubricants; dust laying and absorbing compositions; fuels (including motor spirit) and illuminants; candles, tapers, night lights and wicks.
5. Pharmaceutical, veterinary, and sanitary substances; infants' and invalids' foods; plasters, material for bandaging; material for stopping teeth, dental wax, disinfectants; preparations for killing weeds and destroying vermin.
6. Unwrought and partly wrought common metals and their alloys; anchors, anvils, bells, rolled and cast building materials; rails and other metallic materials for railway tracks; chains (except driving chains for vehicles); cables and wires (nonelectric); locksmiths' work; metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes; nails and screws; other goods in nonprecious metal not included in other classes; ores.
7. Machines and machine tools; motors (except for land vehicles); machine couplings and belting (except for land vehicles); large size agricultural implements; incubators.
8. Hand tools and instruments; cutlery, forks, and spoons; side arms.
9. Scientific, nautical, surveying and electrical apparatus and instruments (including wireless), photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; coin or counterfreed apparatus; talking machines; cash registers; calculating machines; fire extinguishing apparatus.
10. Surgical, medical, dental, and veterinary instruments and apparatus (including artificial limbs, eyes, and teeth).
11. Installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes.
12. Vehicles; apparatus for locomotion by land, air, or water.
13. Firearms; ammunition and projectiles; explosive substances; fireworks.
14. Precious metals and their alloys and goods in precious metals or coated therewith (except cutlery, forks and spoons); jewelry, precious stones, horological and other chronometric instruments.
15. Musical instruments (other than talking machines and wireless apparatus).
16. Paper and paper articles, cardboard and cardboard articles; printed matter, newspaper and periodicals, books; bookbinding material; photographs; stationery, adhesive materials (stationery); artists' materials; paint brushes; typewriters and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards; printers' type and cliches (stereotype).
17. Gutta percha, india rubber, balata and substitutes, articles made from these substances and not included in other classes; plastics in the form of sheets, blocks and rods, being for use in manufacture; materials for packing, stopping or insulating; asbestos, mica and their products; hose pipes (nonmetallic).
18. Leather and imitations of leather, and articles made from these materials and not included in other classes; skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
37. Construction and repair. 38. Communication. 39. Transportation and storage. 40. Material treatment. 41. Education and entertainment.
42. Miscellaneous. (38 FR 14681, June 4, 1973]
86.2 Prior U.S. schedule of classes of
goods and services.
19. Building materials, natural and artificial stone, cement, lime, mortar, plaster and gravel; pipes of earthenware or cement; roadmaking materials; asphalt, pitch and bitumen; portable buildings; stone monuments; chimney pots.
20. Furniture, mirrors, picture frames; articles (not included in other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, celluloid, substitutes for all these materials, or of plastics.
21. Small domestic utensils and containers (not of precious metals, or coated therewith); combs and sponges; brushes (other than paint brushes); brushmaking materials; instruments and material for cleaning purposes, steel wool; unworked or semi-worked glass (excluding glass used in building); glassware, procelain and earthenware, not included in other classes.
22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks; padding and stuffing materials (hair, kapok, feathers, seaweed, etc.); raw fibrous textile materials.
23. Yarns, threads.
24. Tissues (piece goods); bed and table covers; textile articles not included in other classes.
25. Clothing, including boots, shoes and slippers.
26. Lace and embroidery, ribands and braid; buttons, press buttons, hooks and eyes, pins and needles; artificial flowers.
27. Carpets, rugs, mats and matting; linoleums and other materials for covering existing floors; wall hanging8 (nontextile).
28. Games and playthings; gymnastic and sporting articles (except clothing); ornaments and decorations for Christmas trees.
29. Meats, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; eggs, milk and other dairy products; edible oils and fats; preserves, pickles.
30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour, and preparations made from cereals; bread, biscuits, cakes, pastry and confectionary, ices; honey, treacle; yeast, baking powder; salt, mustard, pepper, vinegar, sauces, spices; ice.
31. Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds; live plants and flowers; foodstuffs for animals, malt.
32. Beer, ale and porter; mineral and aerated waters and other nonalcoholic drinks; syrups and other preparations for making beverages.
33. Wines, spirits and liqueurs.
34. Tobacco, raw or manufactured; smokers' articles; matches.
Goods 1 Raw or partly prepared materials. 2 Receptacles. 3 Baggage, animal equipments, portfolios, and pocket
books. 4 Abrasives and polishing materials. 5 Adhesives. 6 Chemicals and chemical compositions. 7 Cordage. 8 Smokers' articles, not including tobacco products. 9 Explosives, firearms, equipments, and projectiles. 10 Fertilizers. 11 Inks and inking materials. 12 Construction materials. 13 Hardware and plumbing and steamfitting supplies. 14 Metals and metal castings and forgings. 15 Oils and greases. 16 Protective and decorative coatings. 17 Tobacco products. 18 Medicines and pharmaceutical preparations. 19 Vehicles. 20 Linoleum and oiled cloth. 21 Electrical apparatus, machines, and supplies. 22 Games, toys, and sporting goods. 23 Cutlery, machinery, and tools, and parts thereof. 24 Laundry appliances and machines. 25 Locks and sales. 26 Measuring and scientific appliances. 27 Horological instruments. 28 Jewelry and precious metal ware. 29 Brooms, brushes, and dusters. 30 Crockery, earthenware, and porcelain. 31 Filters and refrigerators. 32 Furniture and upholstery. 33 Glassware. 34 Heating, lighting, and ventilating apparatus. 35 Belting, hose, machinery packing, and nonmetallic
tires. 36 Musical instruments and supplies. 37 Paper and stationery. 38 Prints and publications. 39 Clothing. 40 Fancy goods, furnishings, and notions. 41 Canes, parasols, and umbrellas. 42 Knitted, netted, and textile fabrics, and substitutes
therefor. 43 Thread and yam. 44 Dental, medical, and surgical appliances. 45 Soft drinks and carbonated waters. 46 Foods and ingredients of foods. 47 Wines. 48 Malt beverages and liquors. 49 Distilled alcoholic liquors. 50 Merchandise not otherwise classified. 51 Cosmetics and toilet preparations. 52 Detergents and soaps.
SERVICES 100 Miscellaneous. 101 Advertising and business. 102 Insurance and financial.
SERVICES 35. Advertising and business. 36. Insurance and financial.
PRACTICE BEFORE THE PATENT AND TRADEMARK OFFICE
PART 10-REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE
Sec. 10.1 Definitions. 10.2 Director of Enrollment and Discipline. 10.3 Committee on Enrollment. 10.4 Committee on Discipline.
INDIVIDUALS ENTITLED TO PRACTICE BEFORE
THE PATENT AND TRADEMARK OFFICE 10.5 Register of attorneys and agents in pat
ent cases. 10.6 Registration of attorneys and agents. 10.7 Requirements for registration. 10.8 Oath and registration fee. 10.9 Limited recognition in patent cases. 10.10 Restrictions on practice in patent
cases. 10.11 Removing names from the register. 10.1210.13 [Reserved] 10.14 Individuals who may practice before
the Office in trademark and other non
patent cases. 10.15 Refusal to recognize a practitioner. 10.16—10.17 [Reserved) 10.18 Signature and certificate of practi
tioner. 10.19 (Reserved)
10.49 Forming a partnership with a non
practitioner. 10.50—10.55 (Reserved) 10.56 Canon 4. 10.57 Preservation of confidences and se
crets of a client. 10.58–10.60 (Reserved) 10.61 Canon 5. 10.62 Refusing employment when the inter
est of the practitioner may impair the practitioner's independent professional
judgment. 10.63 Withdrawal when the practitioner be
comes a witness. 10.64 Avoiding acquisition of interest in liti
gation or proceeding before the Office. 10.65 Limiting business relations with a cli
ent. 10.66 Refusing to accept or continue em
ployment if the interests of another client may impair the independent profes
sional judgment of the practitioner. 10.67 Settling similar claims of clients. 10.68 Avoiding influence by others than the
client. 10.69—10.75 (Reserved) 10.76 Canon 6. 10.77 Failing to act competently. 10.78 Limiting liability to client. 10.7910.82 (Reserved) 10.83 Canon 7. 10.84 Representing a client zealously. 10.85 Representing a client within the
bounds of the law. 10.86 (Reserved] 10.87 Communicating with one of adverse
interest. 10.88 Threatening criminal prosecution. 10.89 Conduct in proceedings. 10.90-10.91 (Reserved] 10.92 Contact with witnesses. 10.93 Contact with officials. 10.94-10.99 (Reserved) 10.100 Canon 8. 10.101 Action as a public official. 10.102 Statements concerning officials. 10.103 Practitioner candidate for judicial of
fice. 10.104-10.109 [Reserved) 10.110 Canon 9. 10.111 Avoiding even the appearance of im
propriety. 10.112 Preserving identity of funds and prop
erty of client. 10.113—10.129 (Reserved]
PATENT AND TRADEMARK OFFICE CODE OF
PROFESSIONAL RESPONSIBILITY 10.20 Canons and Disciplinary Rules. 10.21 Canon 1. 10.22 Maintaining integrity and competence
INVESTIGATIONS AND DISCIPLINARY
PROCEEDINGS 10.130 Reprimand, suspension or exclusion. 10.131 Investigations. 10.132 Initiating a disciplinary proceeding;
of the legal profession. 10.23 Misconduct. 10.24 Disclosure of information to authori
ties. 10.25—10.29 [Reserved] 10.30 Canon 2. 10.31 Communications concerning a practi
tioner's services. 10.32 Advertising. 10.33 Direct contact with prospective cli
ents. 10.34 Communication of fields of practice. 10.35 Firm names and letterheads. 10.36 Fees for legal services. 10.37 Division of fees among practitioners. 10.38 Agreements restricting the practice of
a practitioner. 10.39 Acceptance of employment. 10.40 Withdrawal from employment. 10.41–10.45 (Reserved) 10.46 Canon 3. 10.47 Aiding unauthorized practice of law. 10.48 Sharing legal fees.
reference to an administrative law judge. 10.133 Conference between Director and