Two specimens of the mark as used by me are attached hereto.

, being duly sworn (or affirmed), deposes and says that he is the party of that name mentioned in the foregoing petition for cancellation, that he has read and signed the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters he believes it to be true.

Subscribed and sworn to (or affirmed) before me this

(Signature)

day of

(Notary Public)

33. APPEAL FROM THE EXAMINER OF TRADE-MARKS TO THE COMMISSIONER IN EX PARTE CASES

(Heading, Application or Registration)

TO THE COMMISSIONER OF PATENTS:

I hereby appeal to the Commissioner from the decision rendered

., 19...., by the Examiner of Trade-Marks in the matter of my (1)

The following are assigned as reasons of appeal: (Here should follow an explicit statement of the alleged errors in the decision of the Examiner of TradeMarks.)

Section 8 of the Trade-Mark Act of July 5, 1946, in Registration No.

34. APPEAL FROM THE EXAMINER OF INTERFERENCES TO THE COMMISSIONER IN CONTESTED OR INTER PARTES PROCEEDINGS

TO THE COMMISSIONER OF PATENTS:

I hereby appeal to the Commissioner from the decision rendered

., 19..

by the Examiner of Interferences in the above identified proceeding. The following are the points of the decision on which appeal is taken: (Here should follow an explicit statement of the alleged errors in the decision appealed from).

(Name of appellant)

(Signature)

NOTES

(1) Name of party in position of plaintiff.

(2) Name of party in position of defendant.

(3) Type (Interference, Opposition, Cancellation or Concurrent Use) and identification number of proceeding.

business a trade-mark for which he has filed application for registration, Serial

No.. ... dated

19... in the United States Patent Office;

and

Whereas

of the city of

., county of

and State of

is desirous of acquiring said

mark:

Now, Therefore, To All Whom It May Concern:

Be it known that for and in consideration of the sum of

dollars and other good and valuable consideration to him paid, the receipt of

which is hereby acknowledged, said....

does sell, assign, and transfer, unto the said

by these presents

... the entire

right, title, and interest in and to the said trade-mark and the good will of the business in connection with which the mark is used, (1), and the Commissioner of Patents is requested to issue the certificate of registration of said mark to said assignee.

State of

County of

SS

Personally appeared before me the said

acknowledged the above instrument as his free act and deed this

of

., 19.....

NOTE

(Notary Public)

and day

(1) Or this phrase may read in appropriate circumstances:

"that part of the good will of the business connected with the use of and symbolized by the mark."

,

his business a trade-mark, which is registered under No.

19. in the United States Patent Office; and

dated

Now, Therefore, To Ali Whom it May Concern:

Be it known that for and in consideration of the sum of

dollars and other good and valuable consideration to him in hand paid, the receipt of which is hereby knowledged, said

presents does sell, assign, and transfer, unto the said

by these

the entire right, title, and interest in and to the said trade-mark and the registration thereof, No. together with the good will of the business in con

nection with which the said mark is used (1).

State of

(Signature)

County of

SS

Personally appeared before me the said

acknowledged the above instrument as his free act and deed this

(1) Or the last phrase may read in appropriate circumstances:

"that part of the good will of the business connected with the use of and symbolized by the mark."

Public Law 489, 79th Congress, Chapter 540, approved July 5, 1946; 60 Stat. 427. The headings used for sections and subsections or paragraphs in the following reprint of the Act are not part of the Act but have been added for convenience in using this reprint and to facilitate indexing. Prior trade-mark statutes may be found in previous editions of the pamphlet of trade-mark statutes and rules as well as in Title 15, Chapter 3, of the U. S. Code and in the Statutes at Large. The present Act forms Chapter 22 of Title 15 of the U. S. Code and the U. S. Code citations have been added at the end of each section and subsection.

THE PRINCIPAL REGISTER

Section 1. Requirements for registering trade-marks in the principal register

The owner of a trade-mark used in commerce may register his trademark under this Act on the principal register hereby established: (a) By filing in the Patent Office

(1) a written application, in such form as may be prescribed by the Commissioner, verified by the applicant, or by a member of the firm or an officer of the corporation or association applying, specifying applicant's domicile and citizenship, the date of applicant's first use of the mark, the date of applicant's first use of the mark in commerce, the goods in connection with which the mark is used and the mode or manner in which the mark is used in connection with such goods, and including a statement to the effect that the 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, and 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: Provided,

81

That in the case of every application claiming concurrent use the applicant shall state exceptions to his claim of exclusive use, in which he shall specify, to the extent of his knowledge, any concurrent use by others, the goods or services in connection with which and the areas in which each concurrent use exists, the periods of each use, and the goods and area for which the applicant desires registration; (2) a drawing of the mark; and

(3) such number of specimens or facsimiles of the mark as actually used as may be required by the Commissioner.

(b) By paying into the Patent Office the filing fee.

(c) By complying with such rules or regulations, not inconsistent with law, as may be prescribed by the Commissioner.

(d) If the applicant is not domiciled in the United States he shall 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. Such notices or process may be served upon the person so designated by leaving with him or mailing to him a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the address given in the last designation, such notice or process may be served upon the Commissioner. (15 U. S. C. 1051) Sec. 2. Trade-marks registrable on the Principal Register

No trade-mark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it—

(a) Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.

(b) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof.

(c) Consists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent, or the