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newed, or it may be filed within three months after such expiration on payment of the additional fee required.
fied copy thereof, must also be submitted in order that the Commissioner may make appropriate entry thereon.
(c) A printed copy of the certificate of correction shall be attached to each printed copy of the registration. (Sec. 7, 60 Stat. 430, as amended; 15 U.S.C. 1057) (30 FR 13193, Oct. 16, 1965, as amended at 31 FR 5262, Apr. 1, 1966)
$ 2.176 Consideration of above matters.
The matters in $ $ 2.171 to 2.175 will be considered in the first instance by the Examiner of Trademarks. If the action of the Examiner of Trademarks is adverse, registrant may request the Commissioner to review the action under $ 2.146. If response to an adverse action of the Examiner is not made by the registrant within six months, the matter will be considered abandoned.
TERM AND RENEWAL
AUTHORITY: Secs. 2.181 to 2.184 also issued under sec. 9, 60 Stat. 431; 15 U.S.C. 1059.
$ 2.181 Term of original registrations and
renewals. (a) Registrations issued under the Act of 1946, whether on the Principal Register or on the Supplemental Reg. ister, remain in force for twenty years, and may be renewed for periods of twenty years from the expiring period unless previously cancelled or surrendered.
(b) Registrations issued under the Acts of 1905 and 1881 remain in force for their unexpired terms and may be renewed in the same manner as registrations under the Act of 1946.
(c) Registrations issued under the Act of 1920 cannot be renewed unless renewal is required to support foreign registrations and in such case may be renewed on the Supplemental Register in the same manner as registrations under the Act of 1946.
§ 2.183 Requirements of application for
renewal. (a) The application for renewal must include a statement which is verified or which includes a declaration in accordance with § 2.20 by the registrant setting forth the goods or services recited in each class for which renewal is sought in the registration on or in connection with which the mark is still in use in commerce, specifying the nature of such commerce (except under para ph (c) of this section). This statement must be executed not more than six months before the expiration of the registration and must:
(1) Be accompanied by a specimen or facsimile specimen for each class for which renewal is sought in the registration showing current use of the mark.
(2) Include the required fee for each class for which renewal is sought in the registration, and an additional fee for each class in the case of a delayed application for renewal. If the application for renewal includes insufficient fees to cover all classes in the registration, the particular class or classes for which renewal is sought should be specified.
(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 apply. ing 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
§ 2.182 Period within which application
for renewal must be filed. An application for renewal may be filed by the registrant at any time within six months before the expiration of the period for which the certificate of registration was issued or re
(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)
ASSIGNMENT OF MARKS
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. [30 FR 13193, Oct. 16, 1965, as amended at 31 FR 5262, Apr. 1, 1966; 41 FR 761, Jan. 5, 1976)
$ 2.184 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 $ 2.183. If a response to a refusal of renewal is not filed within six months from the date of mailing of the action, 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.
§ 2.185 Requirements for assignments.
(a) Assignments under section 10 of the act of registered marks, or marks for which an application for registration has been filed, will be recorded in the Patent and Trademark Office. Other instruments which may relate to such marks may be recorded in the discretion of the Commissioner. No assignment will be recorded, except as may be ordered by the Commissioner, unless it has been executed and unless:
(1) The certificate of registration is identified in the assignment by the certificate number (the date of registration should also be given), or, the application for registration shall have been first filed in the Patent and Trademark Office and the application is identified in the assignment by serial number (the date of filing should also be given);
(2) It is in the English language or, if not in the English language, accompanied by a translation signed by the translator;
(3) The fee for recording is received; and
(4) A designation of a domestic representative is made in case the assignee is not domiciled in the United States. The designation must be separate from the assignment and there must be a separate designation for each registration or application assigned in one instrument.
(b) The address of the assignee should be recited in the assignment, otherwise it must be given in a separate paper.
(C) The date of record of the assignment is the date of the receipt of the assignment at the Patent and Trademark Office in proper form and accompanied by the full fee for recording.
(Sec. 3, 79 Stat. 260, sec. 10, 60 Stat. 431; 15 U.S.C. 113, 1060) (30 FR 13193, Oct. 16, 1965, as amended at 41 FR 762, Jan. 5, 1976)
PART 4 (RESERVED]
8 2.186 Action may be taken by assignee
of record. Any action with respect to an assigned application or registration which may or must be taken by a registrant or applicant may be taken by the assignee provided that the assignment has been recorded.
PART 5-SECRECY OF CERTAIN IN
VENTIONS AND LICENSES TO EXPORT AND FILE APPLICATIONS IN FOREIGN COUNTRIES
EDITORIAL NOTE: Part 5 is placed in a separate grouping of parts pertaining to patents. It appears on page 137 of this volume.
(48 FR 23143, May 23, 1983)
PART 6-CLASSIFICATION OF
GOODS AND SERVICES UNDER THE TRADEMARK ACT
8 2.187 Certificate of registration may
issue to assignee. The certificate of registration may be issued to the assignee of the applicant, or in a new name of applicant, and certificate of
tion will be so issued provided an appropriate document is of record in the Assignment Division of the Patent and Trademark Office no later than the time the notice of publication is mailed, or if such document is not of record, then if a statement that such document has been filed for recordation is in the application file by the time the application is being prepared for issuance of the certificate of registration. The address of the assignee must be made of record in the application file or in the recorded document.
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
AUTHORITY: Secs. 30, 41, 60 Stat. 436, 440; 15 U.S.C. 1112, 1123.
8 6.1 International schedule of classes of
goods and services.
[41 FR 762, Jan. 5, 1976)
AMENDMENT OF RULES
$ 2.189 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.
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 in. dustry.
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, para
sols and walking sticks; whips, harness and saddlery.
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-ofpearl, 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 semiworked 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 hangings (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.
SERVICES 35. Advertising and business. 36. Insurance and financial. 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)
8 6.2 Prior U.S. schedule of classes of
goods and services.
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 safes. 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
Canes, parasols, and umbrellas.