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INDEX II-RULES RELATING TO TRADEMARKS

EDITORIAL NOTE: This listing is provided for information purposes only. It is compiled and kept up-to-date by the Department of Commerce.

A

Section

Abandonment of application or mark:

Drawing of abandoned application used in new application.....
During inter partes proceeding....

2.26

.2.135

Express abandonment.....................

2.68

For failure to respond or to respond completely to official action......... 2.65(a) For failure to timely file a statement of use.

Opportunity to explain incomplete response....

2.65(c) ..2.65(b)

Petition to Commissioner may avoid abandonment.....
Revival of abandoned application.......

2.63(b), 2.65(a)

2.66

Acceptance of affidavit under sec. 8..............

.2.164

Access:

To applications, and all proceedings relating thereto, after publication or registration.........

2.27(d)

To applications prior to publication......

2.27(b)

To assignment records.........

.1.12

To decisions of Commissioner and the Trademark Trial and Appeal
Board...............

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When to file copy of request with Trademark Trial and Appeal
Board.......

2.120(j)(8)

Advertising by attorneys and others, restricted............

.10.32

Affidavit or declaration:

Claiming benefits of Act of 1946 under sec. 12(c)..............................

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Of use in commerce or excusable nonuse under sec. 8...
Reconsideration of, under sec. 8............

2.162

.2.165

To avoid cancellation of registration under sec. 8... Agent. See Attorneys and other representatives.

.2.162

Section

Allegations in application or registration not evidence on behalf of applicant or registrant in inter partes proceeding..........

Allowance, notice of..........

Amendment of application:

After final action.......

After publication........

2.122(b)(2) 2.81(b), 2.88

.2.64(b) 2.84(b)

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Use application under sec. 1(a) may not be amended to intent-to-use

application under sec. 1(b)..........

2.33(d)

Amendment of pleadings in inter partes proceedings:

Cancellation.......

Opposition............

Amendment of registration:

During inter partes proceedings......

Requirements for, in general......

Amendment of rules.........

Amendment to allege use...

Amendments to description or drawing of mark after filing.

.2.115

2.107

2.133

2.173

.2.189

2.76

.2.72(c)

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Answer to pleadings in opposition and cancellation proceedings........... 2.106, 2.114

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Appeal to Court from decision of Trademark Trial and Appeal

Board,..............

Appeal to U.S. Court of Appeals for the Federal Circuit.......

..2.145 .2.145(a)

Civil action.......

2.145(c)

Notice of election by appellee to proceed by civil action after appeal

to U.S. Court of Appeals for the Federal Circuit............................

Time for appeal or civil action.......

.................................. 2.145(c)(3) .........2.145(d)

Appeal to Trademark Trial and Appeal Board:
Appropriate response to final refusal or second refusal on the same

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Section

Introduction of new evidence after filing of appeal..

2.142(d)

Oral hearing on appeal..................

.2.142(e)

Time and manner of filing appeal..............

Reconsideration of decision on appeal..........

Remand to Examiner re new issue prior to decision........

Reopening of examination of application after decision on appeal......

....... 2.144

2.142(f)

.2.142(g)

.2.142(a)

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Right to take action when assignment is recorded or proof of assignment has been submitted......

3.71, 3.73

Assignment of registered marks or marks subject to pending applications......

3.1-3.85

Effect of recording...........

3.54

Recording in Patent and Trademark Office of assignments or other

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