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T.M.E.P. § 1610
Court Orders Concerning Registrations

Executive summary:

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1610 Court Orders Concerning Registrations

The USPTO must rectify the register and make appropriate entry upon its records in response to a court order certified to the Office pursuant to 15 U.S.C. 1119. That section provides:

In any action involving a registered mark the court may determine the right to registration, order the cancellation of registrations, in whole or in part, restore cancelled registrations, and otherwise rectify the register with respect to the registrations of any party to the action. Decrees and orders shall be certified by the court to the Director, who shall make appropriate entry upon the records of the Patent and Trademark Office, and shall be controlled thereby.

Any such order affecting a registration must be certified to the Office, and should be addressed to the Office of the Solicitor, Mail Stop 8, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450. 37 C.F.R. 1.1(a)(3)(iii). An uncertified copy of the court order is unacceptable. Once the Office receives the certified order, appropriate action will typically be taken by the Office without the necessity of any submission by an interested party. However, if it would helpful for purposes of determining the scope or effect of an order, the Office may, at the Director's discretion, issue a show cause order directing the registrant and parties to the action from which the order arose to respond and provide information or arguments regarding the order.