37 CFR Part 2 Index
Rules of Practice in Trademark Cases
Taken from USPTO Website (Last revised Jan. 2023)
Part 2 - Rules of Practice in Trademark Cases
Rules Applicable To Trademark Cases
2.1: Reserved
2.2: Definitions
2.6: Trademark fees
2.7: Fastener Recordal Fees
Representation By Attorneys Or Other Authorized Persons
2.11: Requirement for representation
2.17: Recognition for representation
2.18: Correspondence, with whom held
2.19: Revocation or withdrawal of attorney
Declarations
2.20: Declarations in lieu of oaths
Application For Registration
2.21: Requirements for receiving a filing date
2.22: Requirements for a TEAS Plus application
2.23: Requirement to correspond electronically with the Office and duty to monitor status
2.24: Designation and revocation of domestic representative by foreign applicant
2.25: Documents not returnable
2.26: Removed
2.27: Pending trademark application index; access to applications
2.32: Requirements for a complete trademark or service mark application
2.33: Verified statement for a trademark or service mark
2.34: Bases for filing a trademark or service mark application
2.35: Adding, deleting, or substituting bases
2.36: Identification of prior registrations
2.37: Description of mark
2.38: Use by predecessor or by related companies
2.41: Proof of distinctiveness under section 2(f)
2.42: Concurrent use
2.43: Service mark
2.44: Requirements for a complete collective mark application
2.45: Requirements for a complete certification mark application; restriction on certification mark application
2.46: Principal Register
2.47: Supplemental Register
2.48: Office does not issue duplicate registrations
Drawing
2.51: Drawing required
2.52: Types of drawings and format for drawings
2.53: Requirements for drawings filed through the TEAS
2.54: Requirements for drawings submitted on paper
Specimens
2.56: Specimens
2.59: Filing substitute specimen(s)
Examination Of Application And Action By Applicants
2.61: Action by examiner
2.62: Procedure for submitting response
2.63: Action after response
2.64: Reinstatement of applications and registrations abandoned, cancelled, or expired due to Office error
2.65: Abandonment
2.66: Revival of applications abandoned in full or in part due to unintentional delay
2.67: Suspension of action by the Patent and Trademark Office
2.68: Express abandonment (withdrawal) of application
2.69: Compliance with other laws
Amendment Of Application
2.71: Amendments to correct informalities
2.72: Amendments to description or drawing of the mark
2.73: Amendment to recite concurrent use
2.74: Form and signature of amendment
2.75: Amendment to change application to different register
2.76: Amendment to allege use
2.77: Amendments between notice of allowance and statement of use
Publication And Post Publication
2.80: Publication for opposition
2.81: Post publication
2.82: Marks on Supplemental Register published only upon registration
2.83: Conflicting marks
2.84: Jurisdiction over published applications
Classification
2.85: Classification schedules
2.86: Multiple-class applications
2.87: Dividing an application
Post Notice Of Allowance
2.88: Statement of use after notice of allowance
2.89: Extensions of time for filing a statement of use
Ex Parte Expungement And Reexamination
2.91: Petition for expungement or reexamination
2.92: Institution of ex parte expungement and reexamination proceedings
2.93: Expungement and reexamination procedures
2.94: Action after expungement or reexamination
2.96: Reserved
2.98: Reserved
Concurrent Use Proceedings
2.99: CONCURRENT USE PROCEEDINGS
2.99: Application to register as concurrent user
Opposition
2.101: Filing an opposition
2.102: Extension of time for filing an opposition
2.103: Added and Reserved
2.104: Contents of opposition
2.105: Notification to parties of opposition proceeding(s)
2.106: Answer
2.107: Amendment of pleadings in an opposition proceeding
Cancellation Proceedings Before The Trademark Trial And Appeal Board
2.111: Filing petition for cancellation
2.112: Contents of petition for cancellation
2.113: Notification of cancellation proceeding
2.114: Answer
2.115: Amendment of pleadings in a cancellation proceeding
Procedure In Inter Partes Proceedings
2.116: Federal Rules of Civil Procedure
2.117: Suspension of proceedings
2.118: Undelivered Office notices
2.119: Service and signing
2.120: Discovery
2.121: Assignment of times for taking testimony and presenting evidence
2.122: Matters in evidence
2.123: Trial testimony in inter partes cases
2.124: Depositions upon written questions
2.125: Filing and service of testimony
2.126: Form of submissions to the Trademark Trial and Appeal Board
2.127: Motions
2.128: Briefs at final hearing
2.129: Oral argument; reconsideration
2.130: New matter suggested by the trademark examining attorney
2.131: Remand after decision in inter partes proceeding
2.132: Involuntary dismissal for failure to take testimony
2.133: Amendment of application or registration during proceedings
2.134: Surrender or voluntary cancellation of registration
2.135: Abandonment of application or mark
2.136: Status of application or registration on termination of proceeding
Appeals
2.141: Ex parte appeals
2.142: Time and manner of ex parte appeals
2.143: Added and Reserved
2.144: Reconsideration of decision on ex parte appeal
2.145: Appeal to court and civil action
Petitions And Action By The Director
2.146: Petitions to the Director
2.147: Petition to the Director to accept a paper submission
2.148: Director may suspend certain rules
2.149: Letters of protest against pending applications
Certificate
2.151: Certificate
Publication Of Marks Registered Under 1905 Act
2.153: Publication requirements
2.154: Publication in Official Gazette
2.155: Notice of publication
2.156: Not subject to opposition; subject to cancellation
Reregistration Of Marks Registered Under Prior Acts
2.158: Reregistration of marks registered under Acts of 1881, 1905, and 1920
Cancellation For Failure To File Affidavit Or Declaration
2.160: Affidavit or declaration of continued use or excusable nonuse required to avoid cancellation of registration
2.161: Requirements for a complete affidavit or declaration of use in commerce or excusable nonuse; requirement for the submission of additional information, exhibits, affidavits or declarations, and specimens; and fee for deletions of goods, services, and/or classes from a registration
2.162: Notice to registrant
2.163: Acknowledgment of receipt of affidavit or declaration
2.164: Correcting deficiencies in affidavit or declaration
2.165: Petition to Director to review refusal
2.166: Affidavit of continued use or excusable nonuse combined with renewal application
Affidavit Or Declaration Under Section 15
2.167: Affidavit or declaration under section 15
2.168: Affidavit or declaration under section 15 combined with affidavit or declaration under sections 8 or 71, or with renewal application
Correction, Disclaimer, Surrender, Etc.
2.171: New certificate on change of ownership
2.172: Surrender for cancellation
2.173: Amendment of registration
2.174: Correction of Office mistake
2.175: Correction of mistake by owner
2.176: Consideration of above matters
Action On Court Order Under Section 37
2.177: Action on court order under section 37
Term And Renewal
2.181: Term of original registrations and renewals
2.182: Time for filing renewal application
2.183: Requirements for a complete renewal application
2.184: Refusal of renewal
2.185: Correcting deficiencies in renewal application
2.186: Petition to Director to review refusal of renewal
General Information And Correspondence In Trademark Cases
2.188: Reserved
2.189: Requirement to provide domicile address
2.190: Addresses for trademark correspondence with the United States Patent and Trademark Office
2.191: Action of the Office based on the written record
2.192: Business to be conducted with decorum and courtesy
2.193: Trademark correspondence and signature requirements
2.194: Identification of trademark application or registration
2.195: Filing date of trademark correspondence
2.196: Times for taking action: Expiration on Saturday, Sunday or Federal holiday
2.197: Certificate of mailing
2.198: Filing of correspondence by Priority Mail Express®
2.199: Reserved
Trademark Records And Files Of The Patent And Trademark Office
2.200: Assignment records open to public inspection
2.201: Copies and certified copies
2.202: Reserved
2.203: Reserved
2.204: Reserved
2.205: Reserved
Fees And Payment Of Money In Trademark Cases
2.206: Trademark fees payable in advance
2.207: Methods of payment
2.208: Deposit accounts
2.209: Refunds