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37 CFR Part 2 Index
Trademark Regulations

Executive summary:

This document contains the index for Part 2 of Chapter 37 of the Code of Federal Regulations. These regulations pertain to the trademark application process. This version of the Trademark Regulations was updated in November 2005.

TRADEMARK REGULATIONS
Code of Federal Regulations
Chapter 37, Part 2- Trademarks

You may wish to go directly to one of the following sections in this index.

Rules Applicable To Trademark Cases
Representation By Attorneys Or Other Authorized Persons
Declarations
Application For Registration
Drawing
Specimens
Examination Of Application And Action By Applicants
Amendment Of Application
Publication And Post Publication
Classification
Post Notice Of Allowance
Interferences And Concurrent Use Proceedings
Opposition
Cancellation
Procedure In Inter Partes Proceedings
Appeals
Petitions And Action By The Director
Certificate
Publication Of Marks Registered Under 1905 Act
Reregistration Of Marks Registered Under Prior Acts
Cancellation For Failure To File Affidavit Or Declaration During Sixth Year
Affidavit Or Declaration Under 15
Correction, Disclaimer, Surrender, Etc.
Term And Renewal
General Information And Correspondence In Trademark Cases
Trademark Records And Files Of The Patent And Trademark Office
Fees And Payment Of Money In Trademark Cases

37 C.F.R. PART 2-RULES OF PRACTICE IN TRADEMARK CASES
RULES APPLICABLE TO TRADEMARK CASES

Section 2.1 [Reserved]
Section 2.2 Definitions.
Section 2.6 Trademark fees.
Section 2.7 Fastener Recordal Fees.
REPRESENTATION BY ATTORNEYS OR OTHER AUTHORIZED PERSONS

Section 2.11 Applicants may be represented by an attorney.
Section 2.17 Recognition for representation.
Section 2.18 Correspondence, with whom held.
Section 2.19 Revocation of power of attorney; withdrawal.
DECLARATIONS

Section 2.20 Declarations in lieu of oaths.
APPLICATION FOR REGISTRATION

Section 2.21 Requirements for receiving a filing date.
Section 2.22 Filing requirements for a TEAS Plus application
Section 2.23 Additional requirements for TEAS Plus application
Section 2.24 Designation of domestic representative by foreign applicant.
Section 2.25 Papers not returnable.
Section 2.26 Use of old drawing in new application.
Section 2.27 Pending trademark application index; access to applications.
Section 2.32 Requirements for a complete application.
Section 2.33 Verified statement.
Section 2.34 Bases for filing.
Section 2.35 Adding, deleting, or substituting bases.
Section 2.36 Identification of prior registrations.
Section 2.37 Description of mark.
Section 2.38 Use by predecessor or by related companies.
Section 2.41 Proof of distinctiveness under 2(f).
Section 2.42 Concurrent use.
Section 2.43 Service mark.
Section 2.44 Collective mark.
Section 2.45 Certification mark.
Section 2.46 Principal Register.
Section 2.47 Supplemental Register.
DRAWING

Section 2.51 Drawing required.
Section 2.52 Types of drawings and format for drawings.
Section 2.53 Requirements for drawings filed through the TEAS.
Section 2.54 Requirements for drawings submitted on paper.
SPECIMENS

Section 2.56 Specimens.
Section 2.59 Filing substitute specimen(s).
EXAMINATION OF APPLICATION AND ACTION BY APPLICANTS

Section 2.61 Action by examiner.
Section 2.62 Period for response.
Section 2.63 Reexamination.
Section 2.64 Final action.
Section 2.65 Abandonment.
Section 2.66 Revival of abandoned applications.
Section 2.67 Suspension of action by the Patent and Trademark Office.
Section 2.68 Express abandonment (withdrawal) of application.
Section 2.69 Compliance with other laws.
AMENDMENT OF APPLICATION

Section 2.71 Amendments to correct informalities.
Section 2.72 Amendments to description or drawing of the mark.
Section 2.73 Amendment to recite concurrent use.
Section 2.74 Form of amendment.
Section 2.75 Amendment to change application to different register.
Section 2.76 Amendment to allege use.
Section 2.77 Amendments between notice of allowance and statement of use.
PUBLICATION AND POST PUBLICATION

Section 2.80 Publication for opposition.
Section 2.81 Post publication.
Section 2.82 Marks on Supplemental Register published only upon registration.
Section 2.83 Conflicting marks.
Section 2.84 Jurisdiction over published applications.
CLASSIFICATION

Section 2.85 Classification schedules.
Section 2.86 Application may include multiple classes.
Section 2.87 Dividing an application.
POST NOTICE OF ALLOWANCE

Section 2.88 Filing statement of use after notice of allowance.
Section 2.89 Extensions of time for filing a statement of use.
INTERFERENCES AND CONCURRENT USE PROCEEDINGS

Section 2.91 Declaration of interference.
Section 2.92 Preliminary to interference.
Section 2.93 Institution of interference.
Section 2.96 Issue; burden of proof.
Section 2.98 Adding party to interference.
Section 2.99 Application to register as concurrent user.
OPPOSITION

Section 2.101 Filing an opposition.
Section 2.102 Extension of time for filing an opposition.
Section 2.104 Contents of opposition.
Section 2.105 Notification to parties of opposition proceeding(s).
Section 2.106 Answer.
Section 2.107 Amendment of pleadings in an opposition proceeding.
CANCELLATION

Section 2.111 Filing petition for cancellation.
Section 2.112 Contents of petition for cancellation.
Section 2.113 Notification of cancellation proceeding.
Section 2.114 Answer.
Section 2.115 Amendment of pleadings in a cancellation proceeding.
PROCEDURE IN INTER PARTES PROCEEDINGS

Section 2.116 Federal Rules of Civil Procedure.
Section 2.117 Suspension of proceedings.
Section 2.118 Undelivered Office notices.
Section 2.119 Service and signing of papers.
Section 2.120 Discovery.
Section 2.121 Assignment of times for taking testimony.
Section 2.122 Matters in evidence.
Section 2.123 Trial testimony in inter partes cases.
Section 2.124 Depositions upon written questions.
Section 2.125 Filing and service of testimony.
Section 2.126 Form of submissions to the Trademark Trial and Appeal Board.
Section 2.127 Motions.
Section 2.128 Briefs at final hearing.
Section 2.129 Oral argument; reconsideration.
Section 2.130 New matter suggested by the trademark examining attorney.
Section 2.131 Remand after decision in inter partes proceeding.
Section 2.132 Involuntary dismissal for failure to take testimony.
Section 2.133 Amendment of application or registration during proceedings.
Section 2.134 Surrender or voluntary cancellation of registration.
Section 2.135 Abandonment of application or mark.
Section 2.136 Status of application on termination of proceeding.
APPEALS

Section 2.141 Ex parte appeals from the Examiner of Trademarks.
Section 2.142 Time and manner of ex parte appeals.
Section 2.144 Reconsideration of decision on ex parte appeal.
Section 2.145 Appeal to court and civil action.
PETITIONS AND ACTION BY THE DIRECTOR

Section 2.146 Petitions to the Director.
Section 2.148 Director may suspend certain rules.
CERTIFICATE

Section 2.151 Certificate.
PUBLICATION OF MARKS REGISTERED UNDER 1905 ACT

Section 2.153 Publication requirements.
Section 2.154 Publication in Official Gazette.
Section 2.155 Notice of publication.
Section 2.156 Not subject to opposition; subject to cancellation.
REREGISTRATION OF MARKS REGISTERED UNDER PRIOR ACTS

Section 2.158 Reregistration of marks registered under Acts of 1881, 1905, and 1920.
CANCELLATION FOR FAILURE TO FILE AFFIDAVIT OR DECLARATION DURING SIXTH YEAR

Section 2.160 Affidavit or declaration of continued use or excusable nonuse required to avoid cancellation of registration.
Section 2.161 Requirements for a complete affidavit or declaration of continued use or excusable nonuse.
Section 2.162 Notice to registrant.
Section 2.163 Acknowledgment of receipt of affidavit or declaration.
Section 2.164 Correcting deficiencies in affidavit or declaration.
Section 2.165 Petition to Director to review refusal.
Section 2.166 Affidavit of continued use or excusable nonuse combined with renewal application.
AFFIDAVIT OR DECLARATION UNDER 15

Section 2.167 Affidavit or declaration under 15.
Section 2.168 Affidavit or declaration under section 15 combined with affidavit or declaration under section 8, or with renewal application.
CORRECTION, DISCLAIMER, SURRENDER, ETC.

Section 2.171 New certificate on change of ownership.
Section 2.172 Surrender for cancellation.
Section 2.173 Amendment of registration
Section 2.174 Correction of Office mistake.
Section 2.175 Correction of mistake by registrant.
Section 2.176 Consideration of above matters.
TERM AND RENEWAL

Section 2.181 Term of original registrations and renewals.
Section 2.182 Time for filing renewal application.
Section 2.183 Requirements for a complete renewal application.
Section 2.184 Refusal of renewal.
Section 2.185 Correcting deficiencies in renewal application.
Section 2.186 Petition to Director to review refusal of renewal.
GENERAL INFORMATION AND CORRESPONDENCE IN TRADEMARK CASES

Section 2.188 [Reserved]
Section 2.189 [Reserved]
Section 2.190 Addresses for trademark correspondence with the United States Patent and Trademark Office.
Section 2.191 Business to be transacted in writing.
Section 2.192 Business to be conducted with decorum and courtesy.
Section 2.193 Trademark correspondence and signature requirements.
Section 2.194 Identification of trademark application or registration.
Section 2.195 Receipt of trademark correspondence.
Section 2.196 Times for taking action: Expiration on Saturday, Sunday or Federal holiday.
Section 2.197 Certificate of mailing or transmission.
Section 2.198 Filing of correspondence by "Express Mail."
Section 2.199 [Reserved]
TRADEMARK RECORDS AND FILES OF THE PATENT AND TRADEMARK OFFICE

Section 2.200 Assignment records open to public inspection.
Section 2.201 Copies and certified copies.
Section 2.202 [Reserved]
Section 2.203 [Reserved]
Section 2.204 [Reserved]
Section 2.205 [Reserved]
FEES AND PAYMENT OF MONEY IN TRADEMARK CASES

Section 2.206 Trademark fees payable in advance.
Section 2.207 Methods of payment.
Section 2.208 Deposit accounts.
Section 2.209 Refunds.