professional cards with biographical data in standard professional directories are not prohibited. (This rule does not come into effect until July 1, 1948, and until that date old trade-mark Rule II is still in force.) 4.5 Signature and certificate of attorney Every paper filed by an attorney at law or other recognized person representing an applicant or party to a trade-mark proceeding in the Patent Office must be signed by such attorney or person, except papers which are required to be signed by the applicant or party (such as the application itself and affidavits required of applicants or registrants). When an applicant or party is represented by a firm such papers must carry the signature of an individual member of the firm in addition to the firm name. The signature of an attorney at law or other person to a paper filed by him, or the filing of any paper by him, constitutes a certificate by him that he has read the paper; that he is authorized to file it; that to the best of his knowledge, information, and belief it is well founded in law and fact; and that it is not interposed for delay. 4.6 Suspension or exclusion from practice The Commissioner of Patents may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent Office any person, attorney, or agent shown to be incompetent or disreputable, or guilty of unethical or unprofessional conduct or gross misconduct, or who refuses to comply with the rules and regulations, or who shall, with intent to defraud in any manner, deceive, mislead, or threaten any applicant or prospective applicant or other person having immediate or prospective business before the Patent Office, by word, circular, letter, or in any other manner. The reasons for any such suspension or exclusion shall be duly recorded. (See R. S. 487; 35 U. S. C. 11 for review of the Commissioner's action by the District Court of the United States for the District of Columbia.) 4.7 Power of attorney or authorization Before any attorney at law or other recognized person will be allowed to take action in any case or proceeding, a written power of attorney or authorization must be filed in that particular case or proceeding. A substitute or associate attorney may be appointed by an attorney only upon the written authorization of his principal; but a third attorney appointed by the second will not be recognized. 4.8 Correspondence held with attorney When an attorney or other recognized person shall have filed his power of attorney or authorization, duly executed, the correspondence will be held with him. Double correspondence with an applicant and his attorney, or with two attorneys, will not be undertaken. If more than one attorney be appointed, correspondence will be held with the one last appointed unless otherwise requested. 4.9 Revocation of power of attorney A power of attorney or authorization may be revoked at any stage in the proceedings of a case upon notification to the Commissioner; and, when it is so revoked, the Office will communicate directly with the applicant or with such other attorney as he may appoint. An attorney or agent will be notified of the revocation of his power of attorney or authorization. 6. APPLICATION FOR REGISTRATION 6.1 Parts of application A complete application for registration comprises: (e) A certified copy of the registration in the country of origin if the application is based on such foreign registration pursuant to section 44 (e) of the act (see Rule 7.9). 755588°-47- -2 6.2 Application must be complete to receive filing date An application will not be accepted and filed for examination unless all the required parts specified in Rule 6.1, complying with the rules and regulations relating thereto, are received, but minor informalities may be waived subject to subsequent correction. If the papers and parts are incomplete or so defective that they cannot be accepted as a complete application, the applicant will be notified and the papers and fee held six months for completion if possible, returned to the applicant, or other disposition. If not completed in six months, a new application must thereafter be filed. The drawing, specimens, or fee of an unaccepted application may be applied to a later application. 6.3 Serial number and filing date Complete applications will be numbered as received, and the applicant will be informed of the serial number and filing date of the application. The filing date of the application is the date on which the complete application is received in the Patent Office in acceptable form. 6.4 Designation of representative by foreign applicant If the applicant is not domiciled in the United States, he must designate by a written document filed in the Patent Office the name and address of some person resident in the United States on whom may be served notices or process in proceedings affecting the mark and to whom all official communications will be addressed unless the applicant is represented by an attorney or other recognized person. If this document does not accompany or form part of the application, it will be required and registration refused unless it is supplied. 6.5 Papers not returnable After acceptance of the application the papers will not be returned for any purpose whatever. If the applicant has not preserved copies of the papers the Office will furnish them on the usual terms. 6.6 Use of old drawing in new application In an application filed in place of an abandoned or rejected application, or in an application for reregistration (Rule 31.1), a new complete application is required, but the old drawing, if suitable, may be used. The application must be accompanied by a request for the transfer of the drawing, and by a permanent photographic copy, or an order for such copy, of the drawing to be placed in the original file. A drawing so transferred, or to be transferred, cannot be amended. 6.7 Application confidential prior to publication No information respecting the filing of an application for the registration of a trade-mark, or the subject matter thereof will be given, prior to publication under Rule 15.1, without authority of the applicant, unless it shall, in the opinion of the Commissioner, be necessary to the proper conduct of business before the Patent Office. Decisions of the Commissioner in applications and proceedings relating thereto are published or available for inspection or publication. 7. THE WRITTEN APPLICATION 7.1 Application must be in English The written application must be in the English language and plainly written on but one side of the paper. Legal size paper, typewritten double spaced, with at least a one and one-half inch margin on the left-hand side and top of the page, is deemed preferable. 7.2 Application to be signed and sworn to by applicant The written application must be made to the Commissioner of Patents and must be signed and verified (sworn to) by the applicant or by a member of the firm or an officer of the corporation or association applying. Re-executed papers may be required when the application has not been filed in the Patent Office within a reasonable time after the date of execution. 7.3 Requirements for application-Statement The written application shall include a request for registration and shall specify: (a) The name of the applicant; (b) The citizenship of the applicant; if the applicant be a partnership, the names and citizenship of the general partners or, if the appli cant be a corporation or association, the state or nation under the laws of which organized; (c) The domicile and post office address of the applicant; (d) That the applicant has adopted and is using the mark shown in the accompanying drawing; (e) The particular description of goods on or in connection with which the mark is used; (f) The class of merchandise according to the official classification (if the number and title of the class are not known to the applicant, they may be left blank, in which case they will be filled in by the Patent Office and applicant informed thereof); (g) The date of applicant's first use of the mark as a trade-mark on or in connection with goods specified in the application; (h) The date of applicant's first use of the mark as a trade-mark on or in connection with goods specified in the application in commerce which may lawfully be regulated by Congress, specifying the nature of such commerce; (i) The mode or manner in which the mark is used on or in connection with the particular goods specified. This part of the written application is called the statement. 7.4 Requirements for application-Declaration The written application must also include averments to the effect that the applicant or other person making the verification believes himself or the firm, corporation, or association in whose behalf he makes the verification to be the owner of the mark sought to be registered; that the mark is in use in commerce which may lawfully be regulated by Congress, specifying the nature of such commerce; that no other person, firm, corporation, or association, to the best of his knowledge and belief, has the right to use such mark in commerce, either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive, that the drawing and description truly represent the mark sought to be registered; that the specimens or facsimiles show the mark as actually used in connection with the goods; and that the facts set forth in the statement are true. This part of the written application is called the declaration. |