[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Rules and Regulations][Pages 30197-30208]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12178]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 2 and 7
[Docket No. PTO-T-2010-0073] RIN 0651-AC49
Changes in Requirements for Specimens and for Affidavits or Declarations of Continued Use or Excusable Nonuse in Trademark Cases
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule.
To see the complete text of this final rule, access:http://www.gpo.gov/fdsys/pkg/FR-2012-05-22/html/2012-12178.htm
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SUMMARY: In order to help assess and ensure the accuracy of the trademark register, the United States Patent and Trademark Office (``USPTO'') is revising the Trademark Rules of Practice and the Rules of Practice for Filings Pursuant to the Madrid Protocol to allow the USPTO to: Upon request, require any additional specimens, information, exhibits, and affidavits or declarations deemed reasonably necessary to examine a post registration affidavit or declaration of continued use or excusable nonuse in trademark cases, and for a two-year period, conduct a pilot program for the USPTO to assess the accuracy and integrity of the register; and upon request, require more than one specimen in connection with a use-based trademark application, an allegation of use, or an amendment to a registered mark. These revisions aim to ensure the ability to rely on the trademark register as an accurate reflection of marks that are actually in use in the United States for the goods/services identified in the registration, and thereby reduce costs and burdens on the public.
DATES: This rule is effective on June 21, 2012.
FOR FURTHER INFORMATION CONTACT: Contact Cynthia C. Lynch, Office of the Deputy Commissioner for Trademark Examination Policy, by telephone at (571) 272-8742.