9.3 Transmission of drawings

Drawings transmitted to the Patent Office should be sent flat, protected by a sheet of heavy binder's board, or should be rolled for transmission in a suitable mailing tube to prevent mutilation. They should never be folded.

9.4 Informal drawings

A drawing not executed in conformity with the foregoing rules may be accepted for purpose of examination, but the drawing must be corrected or a new one furnished, as required, before the mark can be published or the application allowed. The necessary corrections will be made by the Patent Office upon applicant's request and at his expense. Substitute drawings will not be accepted unless they have been required by the Examiner or correction of the original drawing would require that the mark be substantially entirely redrawn.

9.5 Patent Office may make drawings

The Patent Office, at the request of applicants and at their expense, will make drawings if facilities permit.

10.1 Specimens

10. SPECIMENS

The five specimens of a trade-mark shall be specimens of the trademark as actually used on or in connection with the goods in commerce, and shall be duplicates of the actually used labels, tags, or containers, or the displays associated therewith or portions thereof, when made of suitable material and capable of being arranged flat and of a size not larger than the size of the drawing.

10.2 Facsimiles

When, from the mode of applying or affixing the trade-mark to the goods, or from the manner of using the mark on the goods, or from the nature of the mark, specimens as above stated cannot be furnished, five copies of a suitable photograph or other acceptable reproduction, not larger than the size specified for the drawing and clearly and legibly showing the mark and all matter used in connection therewith, shall be furnished.

10.3 Specimens or facsimiles in the case of a service mark

In the case of a service mark a specimen or facsimile as specified in Rules 10.1 and 10.2, of the mark as used in the sale or advertising of the services shall be furnished unless impossible from the nature of the mark or the manner in which it is used, in which event, some other representation acceptable to the Commissioner must be submitted.

12. EXAMINATION OF APPLICATION AND ACTION BY APPLICANTS

12.1 Action by Examiner

Applications for registration will be examined or caused to be examined by the Examiner of Trade-Marks, and, if the applicant is found not entitled to registration for any reason, he will be so notified and advised of the reasons therefor and of any formal requirements or objections and will be given such information and references as may be helpful in the further prosecution of the application.

12.2 Period for response

The applicant has 6 months from the date of mailing of any action by the Patent Office to respond thereto. Such response may be made with or without amendment and must include such proper action by the applicant as the nature of the action and the condition of the case may require.

12.3 Re-examinations

After response by the applicant, the application will be re-examined or reconsidered, and if the registration is again refused or formal requirements insisted upon, but not stated to be final, the applicant may respond again.

12.4 Final action

On the first or any subsequent re-examination or reconsideration the refusal of the registration or the insistence upon a requirement may be stated to be final, whereupon applicant's response is limited to an appeal or to a compliance with any requirement made.

12.5 Abandonment

If an applicant fails to respond, or to respond completely, within six months after the date an action is mailed, the application shall be deemed to have been abandoned.

12.6 Revival of abandoned applications

1

An application abandoned for failure to respond may be revived as a pending application if it is shown to the satisfaction of the Commissioner that the delay was unavoidable. A petition to revive an abandoned application must be accompanied by a verified showing of the causes of the delay, and by the proposed response, unless the same has been previously filed.

12.7 Suspension of action by Patent Office

Action by the Patent Office may be suspended upon request of the applicant for good and sufficient cause and for a reasonable time specified. Only one suspension will be granted by the Examiner, and any further suspension must be approved by the Commissioner.

12.8 Express abandonment

An application may be expressly abandoned by filing in the Patent Office a written declaration of abandonment signed by the applicant himself or, if assigned, by the assignee.

13. AMENDMENT OF APPLICATION

13.1 Amendments to statement

The statement may be amended to correct informalities, or to avoid objections made by the Patent Office, or for other reasons arising in the course of examination. No amendments to the dates of use will be permitted unless such changes are supported by affidavit by the applicant and by such showing as may be required by the Examiner.

Additions to the description of goods or services will not be permitted unless the mark was in actual use on all of the goods or services proposed to be added by the amendment at the time the application was filed and unless the amendment is accompanied by additional

specimens (or facsimiles) and by a supplemental affidavit by the applicant in support thereof, alleging said facts.

Amendment of the declaration will not be permitted. If that filed with the application be faulty or defective, a substitute declaration must be filed.

13.2 Amendments to description or drawing

Amendments to the description or drawing of the mark may be permitted only if warranted by the specimens (or facsimiles) as originally filed, but may not be made if the nature of the mark is changed thereby.

13.3 Amendment to recite concurrent use

An application may be amended in the Examiner's discretion so as to be treated as an application for a concurrent registration, provided the application as amended satisfies the requirements of Rule 8.2.

13.4 Form of amendment

In every amendment the exact word or words to be stricken out or inserted in the statement must be specified and the precise point indicated where the deletion or insertion is to be made. Erasures, additions, insertions, or mutilations of the papers and records must not be made by the applicant or attorney.

When an amendatory clause is amended, it must be wholly rewritten so that no interlineation or erasure will apear in the clause, as finally amended, when the application is passed to registration. If the number or nature of the amendments shall render it otherwise difficult to consider the case or to arrange the papers for printing or copying, or when otherwise desired to clarify the record, the Examiner may require the entire statement to be rewritten.

13.5 Amendment to change application to different register

An application for registration on the Principal Register may be changed to an application for registration on the Supplemental Register and vice versa by amending the application to comply with the rules relating to the requirements for registration on the appropriate register,

as the case may be. Unless the written application as originally filed was sufficient for registration on the register to which converted, the date of filing such amendment will be considered the filing date of the application so converted. Only one such conversion will be permitted after an action by the Examiner.

14. FEDERAL LABEL APPROVAL

14.1 Federal label approval required in certain cases

Whenever an application is filed for the registration of a trade-mark which is either a part of or associated with a label for a product which, under the provisions of an act of Congress, cannot be lawfully sold in the commerce specified in the written application without prior approval of the label by a designated Government agency, a copy of such label and its certification must be made of record in the application before allowance in cases specified by this rule.

Types of labels for which prior approval must be secured and copies of which must be filed as indicated above are set forth in the following schedule:

Labels for meat products (Class 46) which are subject to Federal inspection, must be approved by the Meat Inspection Division, Bureau of Animal Industry, Department of Agriculture.

Labels for wines (Class 47) and for distilled alcoholic liquors (Class 49) must be approved by the Federal Alcohol Administration.

15. PUBLICATION AND ALLOWANCE

15.1 Publication in Official Gazette

If, on examination or re-examination of an application for registration on the Principal Register, it appears that the applicant is entitled to have his mark registered, the mark will be published in the Official Gazette for opposition.

15.2 Allowance of application

If no notice of opposition is filed within the time permitted, Rules 20.1 and 20.2, and no interference is declared, the applicant will be duly