Privacy Policy

 Copyright 2018 Brown Roofing Cincinnati, LLC. Trademark™ Brown Roofing Cincinnati Trademark® 

                  

  • This Privacy Policy governs the manner in which this website collects, uses, maintains and discloses information collected from users (each, a "User") of this website ("Site"). This privacy policy applies to the Site and all products and services offered by this website.
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  • How we use collected information
  • We may collect and use Users personal information for the following purposes:
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  • Information you provide helps us respond to your customer service requests and support needs more efficiently.
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  • Changes to this privacy policy
  • Site has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
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U.S. Trademark Law: Rules of Practice & Federal

  • From the Federal Register Online via the Government Publishing Office [https://www.uspto.gov/]
    Brown Roofing LLC © Copyright 2018 Brown Roofing Cincinnati, LLC. Trademark™ Brown Roofing Cincinnati Trademark®
  • [ TMR: 2018-10-12=2018;00267]
  • [Federal Register 72c1-Volume 80, Number 11, section 12, sub section paragraph 7 (Friday, October 12, 2018, time-stamp 08:46 a.m.) Trademark™ Brown Roofing Cincinnati Trademark®]
  • DEPARTMENT OF COMMERCE
    [Rules and Regulations]
  • United States Patent and Trademark Office
    37 CFR Parts 2, 6, and 7
    [Docket No. PTO-T-2013-0026]
    RIN 0651-AC88
     Miscellaneous Changes to Trademark Rules of Practice and the 
  • Rules of Practice in Filings Pursuant to the Protocol Relating to the 
  • Madrid Agreement Concerning the International Registration of Marks
    AGENCY: United States Patent and Trademark Office, Commerce.
    ACTION: Final rule.  : Final rule Brown Roofing Cincinnati LLC 6255 Beechwood Terrace Cincinnati, Ohio 45230-Brown Roofing Cincinnati LLC Employer ID Number 38-3874937 
  • ---------------------------------------------------------

 : Final rule Brown Roofing Cincinnati LLC 6255 Beechwood Terrace Cincinnati, Ohio 45230-Brown Roofing Cincinnati LLC Employer ID Number 38-3874937 

  • revising the Trademark Rules of Practice and the Rules of Practice in 
  • Filings Pursuant to the Protocol Relating to the Madrid Agreement 
  • Concerning the International Registration of Marks to benefit the
  • [[Page 2304]]
  • public by providing greater clarity as to certain requirements relating 
  • to representation before the Office, applications for registration, 
  • examination procedures, amendment of applications, publication and post 
  • publication procedures, appeals, petitions, post registration practice, 
  • correspondence in trademark cases, classification of goods and 
  • services, and procedures under the Madrid Protocol. For the most part, 
  • the rule changes are intended to codify existing practice.
  • DATES: This rule is effective February 17, 2015.
  • FOR FURTHER INFORMATION CONTACT: Cynthia C. Lynch, Office of the Deputy 
  • Commissioner for Trademark Examination Policy, by email at 
  • TMRPolicy@uspto.gov, or by telephone at (571) 272-8742.
  • SUPPLEMENTARY INFORMATION: 
  • Executive Summary: Purpose: The rule changes benefit the public by 
  • providing more comprehensive and specific guidance regarding certain 
  • requirements relating to representation before the Office, applications 
  • for registration, examination procedures, amendment of applications, 
  • publication and post publication procedures, appeals, petitions, post 
  • registration practice, correspondence in trademark cases, 
  • classification of goods and services, and procedures under the Madrid 
  • Protocol. For the most part, the rule changes codify existing practice.
  • Summary of Major Provisions: As stated above, the Office is 
  • revising the rules in parts 2, 6, and 7 of title 37 of the Code of 
  • Federal Regulations to codify current Office practice and provide 
  • sufficient detail regarding miscellaneous requirements relating to 
  • representation before the Office, applications for registration, 
  • examination procedures, amendment of applications, publication and post 
  • publication procedures, appeals, petitions, post registration practice, 
  • correspondence in trademark cases, classification of goods and 
  • services, and procedures under the Madrid Protocol.
  • Costs and Benefits: This rulemaking is not economically significant 
  • under Executive Order 12866 (Sept. 30, 1993).
  • Proposed Rule and Request for Comments:
  • A proposed rule was published in the Federal Register on January 
  • 23, 2014, at 79 FR 3750, and in the Official Gazette on April 8, 2014. 
  • The Office received comments from two intellectual property 
  • organizations and one attorney. These comments are posted on the 
  • Office's Web site at https://www.uspto.gov/about-us/uspto-office-locations and are addressed below.
  • References below to ``the Act,'' ``the Trademark Act,'' or ``the 
  • statute'' refer to the Trademark Act of 1946, 15 U.S.C. 1051 et seq., 
  • as amended. References to ``TMEP'' or ``Trademark Manual of Examining 
  • Procedure'' refer to the October 2014 edition.
  • Comments and Responses
  • The Office received many positive comments in favor of the rule 
  • changes and appreciates the public support. To streamline this Notice, 
  • such comments expressing support are not individually set forth and no 
  • specific responses to such comments are provided.
  • Applications for Registration
  • Comment: One commenter agreed with the proposal to remove existing 
  • Sec. 2.38(b), but expressed concern regarding any possible effect the 
  • rule may have on existing registrations issued pursuant to sections 
  • 66(a) and 44(e) of the Act that were not required to indicate if the 
  • applied-for mark was being used by one or more related companies, 
  • rather than the applicant. Therefore, the commenter encouraged the 
  • Office to include a statement that registrations issued under previous 
  • versions of Sec. 2.38(b) shall not be vulnerable to challenge due to 
  • the omission of information concerning use of the mark solely by 
  • related companies whose use inures to the benefit of the applicant 
  • under section 5 of the Act.
  • Response: As noted by the commenter, evidence of use of the mark in 
  • commerce is not required for registrations issued pursuant to sections 
  • 66(a) or 44(e) of the Act. Accordingly, the requirement under current 
  • Sec. 2.38(b) that an applicant indicate when the applied-for mark is 
  • not being used by the applicant but is instead being used by one or 
  • more related companies whose use inures to the benefit of the applicant 
  • is not applicable to registrations issued pursuant to sections 66(a) or 
  • 44(e) of the Act. Because such requirement did not apply to 
  • registrations issued pursuant to sections 66(a) or 44(e) of the Act, 
  • the Office does not believe it is necessary to include a statement 
  • regarding the omission of such information in an application under 
  • sections 66(a) or 44(e) of the Act under the current rule.
  • Examination of Application and Action by Applicants
  • Comment: One commenter inquired as to whether the amendment to add 
  • new Sec. 2.62(c) would affect the Office's current practice of 
  • encouraging informal communication between applicants (or their 
  • representatives) and examining attorneys regarding issues that are 
  • capable of resolution by examiner's amendment, and encouraged the 
  • Office to investigate potential means for allowing formal responses to 
  • be submitted via email.
  • Response: The Office continues to encourage informal communication 
  • between applicants (or their representatives) and examining attorneys 
  • regarding issues that are capable of resolution by examiner's 
  • amendment, and the revision to Sec. 2.62 in no way affects the 
  • Office's position on such informal communications. In addition, the 
  • Office is continually investigating alternative procedures that may 
  • assist both examining attorneys and applicants (or their 
  • representatives) in expediting the examination process.
  • Comment: Another commenter noted that under proposed Sec. 
  • 2.63(a)(2), if a petition to the Director under Sec. 2.146 is denied, 
  • the applicant is granted six months from the ``date'' of the Office 
  • action that repeated the requirement(s), or thirty days from the date 
  • of the decision on the petition, whichever is later, to comply with the 
  • repeated requirement(s). By contrast, the commenter noted that under 
  • proposed Sec. 2.63(c), if a petition to the Director under Sec. 2.146 
  • is denied, the applicant is granted six months from the ``date of 
  • issuance'' of the Office action that repeated the requirement(s), or 
  • made it final, or thirty days from the date of the decision on the 
  • petition, whichever date is later, to comply with the requirement(s). 
  • The commenter suggested that, in order to ensure clarity, the language 
  • in proposed Sec. Sec. 2.63(a)(2) and 2.63(c) be made consistent.
  • Response: As both the applicable response deadlines after a denial 
  • of a petition to the Director under Sec. 2.146 and the statement that 
  • a requirement that is the subject of a petition decided by the Director 
  • may not subsequently be the subject of an appeal to the Trademark Trial 
  • and Appeals Board (TTAB) are set out in new Sec. 2.63(c), such 
  • information has been removed from Sec. 2.63(a)(2).
  • Amendment of Application
  • Comment: One commenter noted that a process to allow an applicant 
  • to request an amendment not specifically listed in Sec. 2.77(a) 
  • between the issuance of the notice of allowance and the filing of the 
  • statement of use should be available, but the denial of a petition 
  • because the issues require review by the examining attorney introduces 
  • uncertainty and delay into the process. The commenter therefore 
  • encouraged
  • [[Page 2305]]
  • the Office to consider adopting a process similar to the on-line 
  • process currently available to request an amendment between publication 
  • of the application for opposition and issuance of the notice of 
  • allowance.
  • Response: Under amended Sec. 2.77(b), if the Director determines 
  • that a proposed post-notice of allowance and pre-statement of use 
  • amendment does not require review by the examining attorney, the 
  • petition will be granted, and the amendment entered into the record. If 
  • the Director determines that the proposed post-notice of allowance and 
  • pre-statement of use amendment requires review by the examining 
  • attorney, the petition will be denied, and the applicant may resubmit 
  • the proposed amendment with the statement of use. In the case of 
  • proposed amendments submitted after the issuance of the notice of 
  • allowance but prior to the submission of a statement of use, regardless 
  • of jurisdiction with the examining attorney, an Office action detailing 
  • a refusal or requirement that may arise from a proposed amendment 
  • cannot issue at that time because it would create a response deadline 
  • that differed from the statement of use filing deadline. The complexity 
  • of tracking these two different concurrent deadlines presents system 
  • problems for the Office and could create confusion for applicants, 
  • examining attorneys, and the TTAB that may lead to files being 
  • mistakenly abandoned for failure to file a timely response or statement 
  • of use and missed opportunities for appealing final requirements and 
  • refusals. Additionally, because an examining attorney cannot issue a 
  • refusal or requirement after the issuance of the notice of allowance 
  • but before the filing of the statement of use, if the Director 
  • determined that a proposed amendment required review by an examining 
  • attorney and granted the petition, an applicant might mistakenly 
  • believe that the proposed amendment has been granted because of the 
  • delay in issuing an Office action detailing the issues with the 
  • proposed amendment until after the submission of the statement of use. 
  • As written, proposed Sec. 2.77(b) will expedite the entry of 
  • acceptable amendments, facilitate clarity, and provide the applicant 
  • with the most accurate and timely information regarding the status of a proposed amendment.
  • Publication and Post Publication
  • Comment: One commenter expressed its support for the proposed 
  • revision to Sec. 2.81(b) to remove the list of items that will be 
  • included on the notice of allowance to allow greater flexibility in the 
  • format of the notice of allowance for changes that may occur in 
  • conjunction with the Office's ``Trademarks Next Generation'' 
  • information-technology initiative, but encouraged the Office to seek 
  • stakeholder input before making substantial changes to the current 
  • format of the notice of allowance.
  • Response: The Office continues to welcome stakeholder input 
  • regarding the ``Trademarks Next Generation'' information technology 
  • initiative and will provide sufficient notice prior to revising forms.
  • Madrid Protocol
  • Comment: One commenter stated the proposed amendment to Sec. 
  • 7.11(a)(3)(ii) was not consistent with the Common Regulations under the 
  • Madrid Agreement Concerning the International Registration of Marks and 
  • the Protocol Relating to that Agreement (as in force on January 1, 
  • 2013) (hereinafter ``Common Regulations''), and that under the Common 
  • Regulations, the requirement for both black-and-white and color 
  • reproductions of the mark applies to all applications, whether filed on 
  • paper or electronically.
  • Response: Based on the concern raised by the commenter about 
  • consistency with the Common Regulations, the Office will explore the 
  • matter further and is withdrawing the proposed amendment to Sec. 
  • 7.11(a)(3)(ii) at this time.
  • Comment: Another commenter stated that the structure of Sec. 7.23 
  • should be revisited, as the rule appears to apply only to assignments, 
  • while Article 9 of the Madrid Protocol and Rule 25 of the Common 
  • Regulations apply broadly to all possible ownership changes, including 
  • following the death of the holder, judicial decisions, and mergers. In 
  • those contexts, the requirement for a ``good-faith effort'' to obtain 
  • the signature of the former owner should be revisited.
  • Response: While Sec. 7.23 refers to ``assignments,'' both in the 
  • title and in the body, the Office interprets this term broadly to 
  • encompass not only assignments but also other types of conveyances, 
  • such as mergers and court-ordered changes. This corresponds with the 
  • practice in the Office's Assignment Recordation Branch, where the term 
  • ``assignments'' is used in the title of the unit and in documentation, 
  • but is interpreted to include not only assignments but also other types 
  • of conveyances, such as changes of name and security interests. In 
  • order to ensure clarity, the Office has revised Sec. 7.23(a)(5) to 
  • indicate that, when the holder no longer exists, the assignee does not 
  • have to make a good-faith effort to obtain the assignor's signature.
  • Comment: Another commenter stated that the amendment to Sec. 
  • 7.23(a)(6) does not cover all possible scenarios under which an 
  • interested party would be qualified to request a change of ownership 
  • through the Office, which appears contrary to Common Regulations Rules 
  • 25(1)(b) and 25(2)(a)(iv). Furthermore, the commenter alleged that 
  • Sec. 7.23(a)(6) is redundant and should be expunged since Sec. 
  • 7.23(a)(4) mentions entitlement requirements, and the Common 
  • Regulations do not impose the limitations set forth in Sec. 7.23(a)(6) 
  • on an assignee of an international registration to be able to record an 
  • assignment through the Office.
  • Response: While the International Bureau permits requests for 
  • changes of ownership to be presented through the office of a contacting 
  • party, the Office is not required to do so. The rule change broadens 
  • the ability of U.S. trademark owners, who otherwise could not obtain 
  • the signature of the former holder after a good-faith effort, to update 
  • ownership information with the International Bureau. While the revised 
  • rule could not be invoked by parties with no connection to the Office 
  • (e.g., a U.S. domestic application/registration or request for 
  • extension of protection), those parties have a remedy. They have the 
  • option to file a petition to the Director and, upon a showing of 
  • extraordinary circumstances, request a waiver of the requirements of 
  • Sec. 7.23(a)(6). Since there are transferees who do not qualify to 
  • invoke the amended rule, Sec. 7.23(a)(6) is not redundant.
  • Comment: One commenter addressed the proposed amendment to Sec. 
  • 7.24(b)(5)(ii) to require that a request, submitted through the Office, 
  • to record a restriction, or the release of a restriction, that is the 
  • result of an agreement between the holder of the international 
  • registration and the party restricting the holder's right of disposal 
  • must include a statement indicating that, after making a good-faith 
  • effort, the signature of the holder of the international registration 
  • could not be obtained for the request to record the restriction, or 
  • release of the restriction, and such statement must be signed and 
  • verified or supported by declaration under Sec. 2.20. The commenter 
  • noted that the proposed amendment appears to be acceptable in so far as 
  • it purports to implement Common Regulations Rule 20(1)(b), but alleged 
  • that the current provisions of Sec. 7.24 are not in compliance with 
  • the Common Regulations because Sec. 7.24(a) offers the
  • [[Page 2306]]
  • opportunity to record a restriction through the Office only if the 
  • party who obtained the restriction is a national of, is domiciled in, 
  • or has a real and effective industrial or commercial establishment in 
  • the U.S. The commenter believes that Common Regulations Rule 20(1)(a) 
  • dictates that whether or not the holder is a U.S. subject should 
  • control.
  • Response: While Common Regulations Rule 20(1)(a) permits the office 
  • of any contracting party of the holder to inform the International 
  • Bureau that the holder's right to dispose of an international 
  • registration has been restricted, it does not require the office of the 
  • contracting party to do so. Accordingly, the Office is not required to 
  • inform the International Bureau that the holder's right to dispose of 
  • an international registration has been restricted.
  • Comment: One commenter stated that the rationale for the amendment 
  • to Sec. 7.24(b)(7), to indicate that a request to record a 
  • restriction, or the release of a restriction, must include an 
  • indication that the restriction, or the release of the restriction, of 
  • the holder's right of disposal of the international registration 
  • applies to the designation to the U.S. or an international registration 
  • that was originally based on a U.S. application or registration was 
  • unclear. The commenter asked if there was a need for equal treatment in 
  • two very distinct situations, such as restriction on the right to 
  • dispose of an international registration having effect in the U.S. and 
  • an international registration having no such effect, which would not be 
  • a remedy. The commenter suggested amending Sec. 7.24(a)(2) to refer to 
  • the holder of the international registration instead of the party who 
  • obtained the restriction, or deleting or amending Sec. 7.24(b)(4).
  • Response: While the International Bureau permits requests to record 
  • the holder's right to dispose of an international registration to be 
  • presented through an office of a contracting party, the Office is not 
  • required to do so. The proposed rule change broadens the ability of 
  • U.S. trademark owners, who otherwise could not obtain the signature of 
  • the holder after a good-faith effort, to record the restriction of the 
  • right to dispose with the International Bureau. While the proposed rule 
  • could not be invoked by a party with no connection to the Office (e.g., 
  • U.S. domestic application/registration or request for extension of 
  • protection), such a party has a remedy. The party has the option to 
  • file a petition to the Director and, upon a showing of extraordinary 
  • circumstances, request a waiver of the requirements of Sec. 
  • 7.24(b)(7).
  • Discussion of Rule Changes
  • Representation by Attorneys or Other Authorized Persons
  • Rule 2.17(d)(1)
  • The Office is amending Sec. 2.17(d)(1) to remove the reference to 
  • the number of powers of attorney that can be filed via the Trademark 
  • Electronic Application System (``TEAS'') for existing applications or 
  • registrations that have the identical owner and attorney. Prior to this 
  • amendment, the TEAS Revocation of Attorney/Domestic Representative and/
  • or Appointment of Attorney/Domestic Representative form indicated that 
  • up to 300 applications or registrations could be amended per request. 
  • The amendment is intended to remove outdated information, and allows 
  • for greater flexibility for future enhancements to TEAS.
  • Rule 2.19(b)
  • The Office is amending Sec. 2.19(b) to require compliance with 
  • Sec. 11.116, rather than Sec. 10.40, as part 10 of this chapter has 
  • been removed and reserved (78 FR 20180 (April 3, 2013)) and Sec. 
  • 11.116 now sets out the requirements for terminating representation.
  • Applications for Registration
  • Rule 2.22(a)(19)
  • The Office is amending Sec. 2.22(a)(19) to indicate that if a TEAS 
  • Plus applicant owns one or more registrations for the same mark shown 
  • in the application, and the last listed owner of the prior 
  • registration(s) differs from the owner of the application, the 
  • application must include a claim of ownership for the prior 
  • registration(s) in order to be entitled to the reduced filing fee under 
  • Sec. 2.6(a)(1)(iii). This limits the circumstances under which a TEAS 
  • Plus applicant is required to claim ownership of a prior registration 
  • and is consistent with the revision to the claim of ownership 
  • requirements in Sec. 2.36.
  • Rule 2.36
  • The Office is amending Sec. 2.36 to indicate that an applicant is 
  • only required to claim ownership of prior registrations for the same or 
  • similar marks if the owner listed in the application differs from the 
  • owner last listed in the Office's database for such prior 
  • registrations. This is consistent with existing practice.
  • Rule 2.38
  • The Office is amending Sec. 2.38(b) to remove the requirement that 
  • an application indicate that, if the applied-for mark is not being used 
  • by the applicant but is being used by one or more related companies 
  • whose use inures to the benefit of the applicant under section 5 of the 
  • Act, such fact must be indicated in the application.
  • The Office is re-designating Sec. 2.38(c) as Sec. 2.38(b), as the 
  • requirement in current Sec. 2.38(b) is being removed.
  • Examination of Application and Action by Applicants
  • Rule 2.62(c)
  • The Office is adding new Sec. 2.62(c) to specify that responses to 
  • Office actions must be filed through TEAS, transmitted by facsimile, 
  • mailed, or delivered by hand, and that responses sent by email will not 
  • be accorded a date of receipt. This is consistent with existing 
  • practice.
  • Rule 2.63
  • The Office is amending the title of Sec. 2.63 from 
  • ``Reexamination'' to ``Action after response,'' as revised Sec. 2.63 
  • incorporates a discussion of reexamination, the filing of petitions and 
  • appeals, and abandonments.
  • The Office is amending Sec. 2.63(a) to clarify that after 
  • submission of a response by the applicant, the examining attorney will 
  • review all statutory refusal(s) and/or requirement(s) in light of the 
  • response. This is consistent with TMEP section 713.
  • The Office is adding Sec. 2.63(a)(1) to clarify that the applicant 
  • may respond to a non-final action that maintains any requirement(s) or 
  • substantive refusal(s) by filing a timely response to the examiner's 
  • action. This is consistent with TMEP section 713. To ensure clarity, 
  • the Office is adding a cross-reference to Sec. 2.62(a).
  • The Office is adding Sec. 2.63(a)(2) to clarify that the applicant 
  • may respond to a non-final action that maintains any requirement(s) by 
  • filing a petition to the Director under Sec. 2.146 if the subject 
  • matter of the requirement(s) is appropriate for petition. This is 
  • consistent with TMEP sections 713 and 1702. In addition, as both the 
  • applicable response deadlines after a denial of a petition to the 
  • Director under Sec. 2.146 and the statement that a requirement that is 
  • the subject of a petition decided by the Director may not subsequently 
  • be the subject of an appeal to the TTAB are set out in new Sec. 
  • 2.63(c), such information has been removed from Sec. 2.63(a)(2).
  • The Office is amending Sec. 2.63(b) to clarify that the examining 
  • attorney may make final a refusal or requirement upon review of a 
  • response. This is consistent with current Sec. 2.64(a) and
  • [[Page 2307]]
  • TMEP sections 713 and 714.03. To ensure clarity, the Office is updating 
  • the wording to remove a reference to ``request for reconsideration'' 
  • because Sec. 2.63(a) discusses responses to non-final actions, and the 
  • Office uses ``request for reconsideration'' to refer to responses after 
  • final actions.
  • The Office is adding Sec. 2.63(b)(1) to clarify that the applicant 
  • may respond to a final action that maintains any substantive refusal(s) 
  • by filing an appeal to the TTAB under Sec. Sec. 2.141 and 2.142. This 
  • is consistent with TMEP section 1501.01. To ensure clarity, the Office 
  • is updating the wording to explicitly state that the applicant may 
  • additionally respond by filing a timely request for reconsideration 
  • under Sec. 2.63(b)(3) that seeks to overcome any substantive 
  • refusal(s) or outstanding requirement(s) maintained in the final 
  • action. This is consistent with TMEP section 715.03.
  • The Office is adding Sec. 2.63(b)(2) to clarify that the applicant 
  • may respond to a final action that withdraws all substantive refusals 
  • but maintains any requirement(s) either by filing an appeal to the TTAB 
  • under Sec. Sec. 2.141 and 2.142 or by filing a petition to the 
  • Director under Sec. 2.146, if the subject matter of the requirement(s) 
  • is procedural, and therefore appropriate for petition. This is 
  • consistent with current Sec. 2.63(b) and TMEP sections 1501.01 and 
  • 1704. To ensure clarity, the Office is updating the wording to 
  • explicitly state that the applicant may additionally respond by filing 
  • a timely request for reconsideration under Sec. 2.63(b)(3) that seeks 
  • to comply with any outstanding requirement(s) maintained in the final 
  • action. This is consistent with TMEP section 715.03.
  • The Office is adding Sec. 2.63(b)(3) to clarify that the applicant 
  • may file a request for reconsideration of the final action prior to the 
  • expiration of the time for filing an appeal to the TTAB or a petition 
  • to the Director, and that the request does not stay or extend the time 
  • for filing an appeal or petition. This is consistent with current Sec. 
  • 2.64(b) and TMEP section 715.03. To ensure clarity, the Office is 
  • updating the wording to indicate that the request for reconsideration 
  • should seek to overcome any substantive refusal(s) and/or comply with 
  • any outstanding requirement(s), and that the Office will enter 
  • amendments accompanying requests for reconsideration if the amendments 
  • comply with the rules of practice and the Act. This is consistent with 
  • TMEP sections 715.02 and 715.03. In addition, the proposed language 
  • indicating that the request for reconsideration must be properly signed 
  • is being removed from Sec. 2.63(b)(3), as this requirement is already 
  • specified in Sec. 2.193(e)(2).
  • The Office is adding Sec. 2.63(b)(4) to clarify that the filing of 
  • a request for reconsideration that does not result in the withdrawal of 
  • all refusals and requirements, without the filing of a timely appeal or 
  • petition, will result in abandonment of the application for incomplete 
  • response. This is consistent with section 12(b) of the Act and current 
  • Sec. 2.65(a).
  • The Office is adding Sec. 2.63(c) to clarify both that if a 
  • petition to the Director under Sec. 2.146 is denied, the applicant 
  • will have until six months from the date of issuance of the Office 
  • action that repeated the requirement(s), or made it final, or thirty 
  • days from the date of the decision on the petition, whichever date is 
  • later, to comply with the requirement(s), and that a requirement that 
  • is the subject of a petition decided by the Director subsequently may 
  • not be the subject of an appeal to the TTAB. This is consistent with 
  • current Sec. 2.63(b) and TMEP sections 1501.01 and 1702.
  • The Office is adding Sec. 2.63(d) to clarify that if an amendment 
  • to allege use is filed during the six-month response period after 
  • issuance of a final action, the examining attorney will examine the 
  • amendment, but the filing of the amendment does not stay or extend the 
  • time for filing an appeal to the TTAB or a petition to the Director. 
  • This is consistent with current Sec. 2.64(c)(1) and TMEP sections 711 
  • and 1104.
  • Rule 2.64
  • The Office is removing and reserving Sec. 2.64 and is 
  • incorporating updated final action procedures into revised Sec. 2.63.
  • Rule 2.65
  • The Office is amending Sec. 2.65(a) both to clarify that an 
  • application will be deemed abandoned if an applicant fails to respond, 
  • or respond completely, to an Office action within six months of the 
  • issuance date, but a timely petition to the Director or notice of 
  • appeal to the TTAB, if appropriate, is considered to be a response that 
  • avoids abandonment, and to revise the reference to Sec. 2.63(b) so as 
  • to reference Sec. 2.63(a) and (b). The clarification is consistent 
  • with TMEP section 718.03, and the revision to the reference accounts 
  • for the amendment to Sec. 2.63, which sets out the conditions for a 
  • petition under Sec. 2.146 in Sec. 2.63(a) and (b) instead of only 
  • Sec. 2.63(b). To ensure clarity, the Office is adding a cross-
  • reference to Sec. 2.63(b)(4).
  • The Office is adding Sec. 2.65(a)(1) to clarify that if an 
  • applicant fails to timely respond to an Office action, but all refusals 
  • and/or requirements are expressly limited to certain goods and/or 
  • services, the application will be abandoned only as to those goods and/
  • or services. This is consistent with current Sec. 2.65(a) and TMEP 
  • section 718.02(a).
  • The Office is adding Sec. 2.65(a)(2) to clarify that an applicant 
  • may, in certain situations, be granted thirty days, or to the end of 
  • the response period set forth in the action, whichever is longer, to 
  • provide information omitted from a response before the examining 
  • attorney considers the issue of abandonment. In order to ensure 
  • clarity, certain wording in the rule has been changed from passive to 
  • active voice. This is consistent with current Sec. 2.65(b) and TMEP 
  • section 718.03(b).
  • The Office is amending Sec. 2.65(b) to clarify that an application 
  • will be abandoned if an applicant expressly abandons the application 
  • pursuant to Sec. 2.68. This is consistent with TMEP section 718.01.
  • The Office is amending Sec. 2.65(c) to clarify that an application 
  • under section 1(b) of the Act will be abandoned if the applicant fails 
  • to file a timely statement of use under Sec. 2.88 or a request for an 
  • extension of time for filing a statement of use under Sec. 2.89. This 
  • is consistent with section 1(d)(4) of the Act and TMEP sections 1108.01 
  • and 1109.04.
  • Rule 2.68
  • The Office is amending Sec. 2.68(a) to indicate that, consistent 
  • with existing practice, a request for abandonment or withdrawal may not 
  • subsequently be withdrawn. This is intended to provide applicants, 
  • registration owners, and the public assurance of the accuracy of the 
  • status of applications or registrations after filings are received by 
  • the Office.
  • The Office is amending Sec. 2.68(b) for clarity by moving the ``in 
  • any proceeding before the Office'' clause to the end of the sentence.
  • Amendment of Application
  • Rule 2.77(b)
  • The Office is amending Sec. 2.77(b) to indicate that amendments 
  • not listed in Sec. 2.77(a) may be entered in the application in the 
  • time period between issuance of the notice of allowance and submission 
  • of a statement of use only with the express permission of the Director, 
  • after consideration on petition under Sec. 2.146. This is consistent 
  • with TMEP sections 1107 and 1505.01(d), which currently require a 
  • waiver of Sec. 2.77 on petition. If the Director determines that the 
  • amendment requires review by the examining attorney, the petition will 
  • be denied and the
  • [[Page 2308]]
  • amendment may be resubmitted with the statement of use.
  • Publication and Post Publication
  • Rule 2.81(b)
  • The Office is amending Sec. 2.81(b) to remove the list of items 
  • that will be included on the notice of allowance. This change will 
  • allow greater flexibility in the format of the notice of allowance for 
  • changes that may occur in conjunction with the Office's ``Trademarks 
  • Next Generation'' information-technology initiative. As a matter of 
  • practice, at this time, the Office plans to continue to maintain the 
  • current format of the notice of allowance.
  • Rule 2.84(b)
  • The Office is amending Sec. 2.84(b) to clarify that an application 
  • that is not the subject of an inter partes proceeding before the TTAB 
  • may be amended after the mark has been published for opposition, but 
  • before the certificate of registration has been issued under section 
  • 1(a), 44, or 66(a) of the Act, or before the notice of allowance has 
  • been issued in an application under section 1(b) of the Act, if the 
  • amendment meets the requirements of Sec. Sec. 2.71, 2.72, and 2.74. 
  • This is consistent with existing practice.
  • Appeals
  • Rule 2.142(f)
  • The Office is amending Sec. 2.142(f)(3) and (f)(6) to remove the 
  • references to Sec. 2.64, as the Office is removing and reserving Sec. 
  • 2.64, with the sections of Sec. 2.64 relevant to Sec. 2.142(f)(3) and 
  • (f)(6) incorporated into revised Sec. 2.63.
  • Rule 2.145(a)
  • The Office is amending Sec. 2.145(a) to add registrants who have 
  • filed an affidavit or declaration under section 71 of the Act and are 
  • dissatisfied with a decision of the Director to the list of parties 
  • eligible to appeal to the U.S. Court of Appeals for the Federal 
  • Circuit. This is consistent with TMEP section 1613.18(d).
  • Rule 2.146
  • The Office is amending Sec. 2.146(a)(1) and (g) to replace 
  • references to Sec. 2.63(b) with references to Sec. 2.63(a) and (b), 
  • as the amended rules will list conditions for a petition under Sec. 
  • 2.146 in Sec. 2.63(a) and (b) instead of only Sec. 2.63(b). In 
  • addition, in order to ensure clarity, the Office is amending Sec. 
  • 2.146(g) to replace a reference to Sec. 2.65 with a reference to Sec. 
  • 2.65(a).
  • Post Registration
  • Rule 2.171(b)(2)(i)
  • The Office is amending Sec. 2.171(b)(2)(i) to clarify that when 
  • the Office receives notification from the International Bureau of the 
  • World Intellectual Property Organization that an international 
  • registration has been divided due to a change in ownership with respect 
  • to some but not all of the goods and/or services, the Office will 
  • update Office records to reflect the change in ownership, divide out 
  • the assigned goods and/or services from the registered extension of 
  • protection (parent registration), and publish notice of the parent 
  • registration in the Official Gazette. The Office does not record the 
  • partial change of ownership in the Assignment Recordation Branch 
  • (formerly Assignment Services Branch), and only issues an updated 
  • certificate for the parent registration to the owner upon payment of 
  • the fee required by Sec. 2.6. This is consistent with existing 
  • practice.
  • Rule 2.172
  • The Office is amending Sec. 2.172 to clarify that a surrender for 
  • cancellation may not subsequently be withdrawn. This is consistent with 
  • existing practice.
  • Rule 2.185(a)
  • The Office is amending Sec. 2.185(a) to indicate that deficiencies 
  • in renewal applications may be corrected after notification from the 
  • Office. This is consistent with existing practice.
  • General Information and Correspondence in Trademark Cases
  • Rule 2.198(a)(1)
  • The Office is amending Sec. 2.198(a)(1) by adding Sec. 
  • 2.198(a)(1)(viii) to include affidavits under section 71 of the Act in 
  • the list of documents excluded from the Office's Priority Mail 
  • Express[supreg] (formerly Express Mail[supreg]) procedure. This is 
  • consistent with the handling of corresponding affidavits under section 
  • 8 of the Act. In connection with this addition, the Office is revising 
  • Sec. 2.198(a)(1)(vi) and Sec. 2.198(a)(1)(vii) for clarity.
  • Classification of Goods and Services
  • Rule 6.1(5)
  • The Office is amending Sec. 6.1(5) to add the wording ``or 
  • veterinary'' to the entry ``dietetic food and substances adapted for 
  • medical use'' in the listing of goods for International Class 5. This 
  • is consistent with the current heading for the international class as 
  • established by the Committee of Experts of the Nice Union and set forth 
  • in the International Classification of Goods and Services for the 
  • Purposes of the Registration of Marks published annually by the World 
  • Intellectual Property Organization on its Web site.
  • Madrid Protocol
  • Rule 7.23(a)
  • The Office had proposed to amend Sec. 7.23(a)(5) to require that a 
  • request to record an assignment of an international registration 
  • submitted through the Office include a statement that, after making a 
  • good-faith effort, the assignee could not obtain the assignor's 
  • signature for the request to record the assignment and that the 
  • statement be signed and verified or supported by declaration under 
  • Sec. 2.20. In order to ensure clarity, the Office is revising the 
  • amendment to Sec. 7.23(a)(5) to require that a request to record an 
  • assignment of an international registration submitted through the 
  • Office include a statement that either the assignee could not obtain 
  • the assignor's signature for the request to record the assignment 
  • because the holder no longer exists, or, after a good-faith effort, the 
  • assignee could not obtain the assignor's signature for the request to 
  • record the assignment. This revision will ensure that, when possible, 
  • assignees make a good-faith effort to obtain the assignor's signature 
  • before invoking this rule and requesting the Office to forward the 
  • assignment document to the International Bureau.
  • The Office is amending Sec. 7.23(a)(6) to indicate that a request 
  • to record an assignment of an international registration submitted 
  • through the Office must include an indication that the assignment 
  • applies to the designation to the United States (``U.S.'') or an 
  • international registration that was originally based on a U.S. 
  • application or registration. This revision is intended to ensure that 
  • an assignee of an international registration based on a U.S. 
  • registration or application is treated the same as an assignee of a 
  • designation to the U.S. Prior to this revision, the owner of an 
  • international registration based on a U.S. registration or application 
  • was required to file a petition to waive Sec. 7.23(a)(6).
  • Rule 7.24(b)
  • The Office had proposed to amend Sec. 7.24(b)(5)(ii) to require 
  • that a request, submitted through the Office, to record a restriction, 
  • or the release of a restriction, that is the result of an agreement 
  • between the holder of the international registration and the party 
  • restricting the holder's right of disposal must include a statement 
  • indicating that, after making a good-faith effort, the
  • [[Page 2309]]
  • signature of the holder of the international registration could not be 
  • obtained for the request to record the restriction, or release of the 
  • restriction, and such statement must be signed and verified or 
  • supported by declaration under Sec. 2.20. In order to ensure clarity, 
  • the Office is revising the amendment to Sec. 7.24(b)(5)(ii) to 
  • require, for a request to record the restriction or release of the 
  • restriction, a statement either that the holder of the international 
  • registration could not obtain the signature of the party restricting 
  • the holder's right of disposal because the party restricting the 
  • holder's right of disposal no longer exists, or, that after a good-
  • faith effort, the holder of the international registration could not 
  • obtain the signature of the party restricting the holder's right of 
  • disposal. This revision will ensure that, when possible, holders of 
  • international registrations make a good-faith effort to obtain the 
  • signature of the party restricting the holder's right of disposal 
  • before invoking this rule and requesting the Office to forward the 
  • document to the International Bureau.
  • The Office is amending Sec. 7.24(b)(7) to indicate that a request 
  • to record a restriction, or the release of a restriction, must include 
  • an indication that the restriction, or the release of the restriction, 
  • of the holder's right of disposal of the international registration 
  • applies to the designation to the U.S. or an international registration 
  • that was originally based on a U.S. application or registration. This 
  • revision is intended to ensure that an assignee of an international 
  • registration based on a U.S. registration or application is treated the 
  • same as an assignee of a designation to the U.S. Prior to this 
  • revision, the owner of an international registration based on a U.S. 
  • registration or application was required to file a petition to waive 
  • Sec. 7.24(b)(7).
  • Rule 7.25(a)
  • The Office is amending Sec. 7.25(a) to add Sec. Sec. 2.21, 2.76, 
  • 2.88, and 2.89 to the list of sections in part 2 not applicable to an 
  • extension of protection under section 66(a) of the Act. This is 
  • consistent with existing practice as these sections in part 2 only 
  • concern applications under sections 1 or 44 of the Act.
  • Rule 7.31
  • The Office is amending Sec. 7.31 by revising the introductory text 
  • and Sec. 7.31(a)(3) to require that a request to transform an 
  • extension of protection to the U.S. into a U.S. application specify the 
  • goods and/or services to be transformed. This revision is intended to 
  • ensure that the Office transforms an accurate listing of goods and/or 
  • services.
  • The Office is redesignating current Sec. 7.31(a)(3) as Sec. 
  • 7.31(a)(4) and current Sec. 7.31(a)(4) as new Sec. 7.31(a)(5) because 
  • current Sec. 7.31(a)(3) is being revised to require that a request to 
  • transform an extension of protection to the U.S. into a U.S. 
  • application specify the goods and/or services to be transformed.
  • Rulemaking Considerations
  • Administrative Procedure Act: The changes in this rulemaking 
  • involve rules of agency practice and procedure, and/or interpretive 
  • rules. See Nat'l Org. of Veterans' Advocates v. Sec'y of Veterans 
  • Affairs, 260 F.3d 1365, 1375 (Fed. Cir. 2001) (rule that clarifies 
  • interpretation of a statute is interpretive); Bachow Commc'ns Inc. v. 
  • FCC, 237 F.3d 683, 690 (D.C. Cir. 2001) (rules governing an application 
  • process are procedural under the Administrative Procedure Act); Inova 
  • Alexandria Hosp. v. Shalala, 244 F.3d 342, 350 (4th Cir. 2001) (rules 
  • for handling appeals were procedural where they did not change the 
  • substantive standard for reviewing claims).
  • Accordingly, prior notice and opportunity for public comment for 
  • the rule changes are not required pursuant to 5 U.S.C. 553(b) or (c), 
  • or any other law. See Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336-
  • 37 (Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C. 
  • 2(b)(2)(B), does not require notice and comment rulemaking for 
  • ``interpretative rules, general statements of policy, or rules of 
  • agency organization, procedure, or practice,'' quoting 5 U.S.C. 
  • 553(b)(A)). However, the Office chose to seek public comment before 
  • implementing the rule to benefit from the public's input.
  • Regulatory Flexibility Act: As prior notice and an opportunity for 
  • public comment are not required pursuant to 5 U.S.C. 553 or any other 
  • law, neither a Regulatory Flexibility Act analysis, nor a certification 
  • under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), is 
  • required. See 5 U.S.C. 603.
  • In addition, for the reasons set forth herein, the Deputy General 
  • Counsel for General Law of the United States Patent and Trademark 
  • Office has certified to the Chief Counsel for Advocacy of the Small 
  • Business Administration that this rule will not have a significant 
  • economic impact on a substantial number of small entities. See 5 U.S.C. 
  • 605(b). This rule involves changes to rules of agency practice and 
  • procedure. The primary impact of the rule is to provide greater clarity 
  • as to certain requirements relating to representation before the 
  • Office, applications for registration, examination procedures, 
  • amendment of applications, publication and post publication procedures, 
  • appeals, petitions, post registration practice, correspondence in 
  • trademark cases, classification of goods and services, and procedures 
  • under the Madrid Protocol. For the most part, the rule changes are 
  • intended to codify existing practice. The burdens, if any, to all 
  • entities, including small entities, imposed by these rule changes will 
  • be minor. Additionally, in a number of instances, the rule changes will 
  • lessen the burdens on applicants. Therefore, this rule will not have a 
  • significant economic impact on a substantial number of small entities.
  • Executive Order 12866: This rule has been determined not to be 
  • significant for purposes of Executive Order 12866.
  • Executive Order 13563 (Improving Regulation and Regulatory Review): 
  • The Office has complied with Executive Order 13563 (Jan. 18, 2011). 
  • Specifically, the Office has, to the extent feasible and applicable: 
  • (1) Made a reasoned determination that the benefits justify the costs 
  • of the rule changes; (2) tailored the rule to impose the least burden 
  • on society consistent with obtaining the regulatory objectives; (3) 
  • selected a regulatory approach that maximizes net benefits; (4) 
  • specified performance objectives; (5) identified and assessed available 
  • alternatives; (6) provided the public with a meaningful opportunity to 
  • participate in the regulatory process, including soliciting the views 
  • of those likely affected prior to issuing a notice of proposed 
  • rulemaking, and provided on-line access to the rulemaking docket; (7) 
  • attempted to promote coordination, simplification, and harmonization 
  • across government agencies and identified goals designed to promote 
  • innovation; (8) considered approaches that reduce burdens and maintain 
  • flexibility and freedom of choice for the public; and (9) ensured the 
  • objectivity of scientific and technological information and processes, 
  • to the extent applicable.
  • Executive Order 13132: This rule does not contain policies with 
  • federalism implications sufficient to warrant preparation of a 
  • Federalism Assessment under Executive Order 13132 (Aug. 4, 1999).
  • Congressional Review Act: Under the Congressional Review Act 
  • provisions of the Small Business Regulatory Enforcement Fairness Act of 
  • 1996 (5 U.S.C. 801 et seq.), prior to issuing any final rule, the 
  • Office will submit a report containing the final rule and other 
  • required information to the U.S. Senate, the U.S. House of 
  • Representatives, and the Comptroller General of the
  • [[Page 2310]]
  • Government Accountability Office. The changes in this rule are not 
  • expected to result in an annual effect on the economy of 100 million 
  • dollars or more, a major increase in costs or prices, or significant 
  • adverse effects on competition, employment, investment, productivity, 
  • innovation, or the ability of United States-based enterprises to 
  • compete with foreign-based enterprises in domestic and export markets. 
  • Therefore, this rule change is not expected to result in a ``major 
  • rule'' as defined in 5 U.S.C. 804(2).
  • Unfunded Mandate Reform Act of 1995: The Unfunded Mandates Reform 
  • Act (2 U.S.C. 1501 et seq.) requires that agencies prepare an 
  • assessment of anticipated costs and benefits before issuing any rule 
  • that may result in expenditure by State, local, and tribal governments, 
  • in the aggregate, or by the private sector, of $100 million or more 
  • (adjusted annually for inflation) in any given year. This rule will 
  • have no such effect on State, local, and tribal governments or the 
  • private sector.
  • Paperwork Reduction Act: This rule involves information collection 
  • requirements which are subject to review by the U.S. Office of 
  • Management and Budget (OMB) under the Paperwork Reduction Act of 1995 
  • (44 U.S.C. 3501 et seq.). The Office has determined that there will be 
  • no new information collection requirements or impacts to existing 
  • information collection requirements associated with this rule. The 
  • collections of information involved in this rule have been reviewed and 
  • previously approved by OMB under control numbers 0651-0009, 0651-0050, 
  • 0651-0051, 0651-0054, 0651-0055, 0651-0056, and 0651-0061.
  • Notwithstanding any other provision of law, no person is required 
  • to respond to, nor shall a person be subject to a penalty for failure 
  • to comply with, a collection of information subject to the requirements 
  • of the Paperwork Reduction Act unless that collection of information 
  • displays a currently valid OMB control number.
  • List of Subjects
  • 37 CFR Part 2
  • Administrative practice and procedure, Trademarks.
  • 37 CFR Part 6
  • Administrative practice and procedure, Classification, Trademarks.
  • 37 CFR Part 7
  • Administrative practice and procedure, International registration, 
  • Trademarks.
  • For the reasons given in the preamble and under the authority 
  • contained in 15 U.S.C. 1123 and 35 U.S.C. 2, as amended, the Office 
  • amends parts 2, 6, and 7 of title 37 as follows:
  • PART 2--RULES OF PRACTICE IN TRADEMARK CASES
  • 0
  • 1. The authority citation for 37 CFR part 2 continues to read as 
  • follows:
  • Authority: 15 U.S.C. 1123, 35 U.S.C. 2, unless otherwise noted.
  • 2. Amend Sec. 2.17 by revising paragraph (d)(1) to read as follows:
  • Sec. 2.17 Recognition for representation.
  • (1) The owner of an application or registration may appoint a 
  • practitioner(s) qualified to practice under Sec. 11.14 of this chapter 
  • to represent the owner for all existing applications or registrations 
  • that have the identical owner name and attorney through TEAS. 
  • 3. Amend Sec. 2.19 by revising paragraph (b) introductory text to read 
  • as follows:
  • Sec. 2.19 Revocation or withdrawal of attorney.
  • * * * * *
  • (b) Withdrawal of attorney. If the requirements of Sec. 11.116 of 
  • this chapter are met, a practitioner authorized to represent an 
  • applicant, registrant, or party to a proceeding in a trademark case may 
  • withdraw upon application to and approval by the Director or, when 
  • applicable, upon motion granted by the Trademark Trial and Appeal 
  • Board. The practitioner should file the request to withdraw soon after 
  • the practitioner notifies the client of his/her intent to withdraw. The 
  • request must include the following: 
  • 4. Amend Sec. 2.22 by revising paragraph (a)(19) to read as follows:
  • Sec. 2.22 Filing requirements for a TEAS Plus application
  • (a) * * *
  • (19) If the applicant owns one or more registrations for the same 
  • mark, and the owner(s) last listed in Office records of the prior 
  • registration(s) for the same mark differs from the owner(s) listed in 
  • the application, a claim of ownership of the registration(s) identified 
  • by the registration number(s), pursuant to Sec. 2.36; and
  • 5. Revise Sec. 2.36 to read as follows:
  • Sec. 2.36 Identification of prior registrations.
  • Prior registrations of the same or similar marks owned by the 
  • applicant should be identified in the application if the owner(s) last 
  • listed in Office records of the prior registrations differs from the 
  • owner(s) listed in the application.
  • 0
  • 6. Amend Sec. 2.38 by revising paragraph (b) and removing paragraph 
  • (c) to read as follows:
  • Sec. 2.38 Use by predecessor or by related companies.
  • * * * * *
  • (b) The Office may require such details concerning the nature of 
  • the relationship and such proofs as may be necessary and appropriate 
  • for the purpose of showing that the use by related companies inures to 
  • the benefit of the applicant and does not affect the validity of the mark.
  • 7. Amend Sec. 2.62 by adding paragraph (c) to read as follows:
  • Sec. 2.62 Procedure for filing response.
  • * * * * *
  • (c) Form. Responses must be filed through TEAS, transmitted by 
  • facsimile, mailed, or delivered by hand, as set out in Sec. 2.190(a). 
  • Responses sent via email will not be accorded a date of receipt.
  • 0
  • 8. Revise Sec. 2.63 to read as follows:
  • Sec. 2.63 Action after response.
  • (a) Repeated non-final refusal or requirement. After response by 
  • the applicant, the examining attorney will review all statutory 
  • refusals and/or requirement(s) in light of the response.
  • (1) If, after review of the applicant's response, the examining 
  • attorney issues a non-final action that maintains any previously issued 
  • substantive refusal(s) to register or repeats any requirement(s), the 
  • applicant may submit a timely response to the action under Sec. 
  • 2.62(a).
  • (2) If, after review of the applicant's response, the examining 
  • attorney issues a non-final action that contains no substantive 
  • refusals to register, but maintains any requirement(s), the applicant 
  • may respond to such repeated requirement(s) by filing a timely petition 
  • to the Director for relief from the repeated requirement(s) if the 
  • subject matter of the repeated requirement(s) is appropriate for 
  • petition to the Director (see Sec. 2.146(b)).
  • (b) Final refusal or requirement. Upon review of a response, the 
  • examining attorney may state that the refusal(s) to register, or the 
  • requirement(s), is final.
  • (1) If the examining attorney issues a final action that maintains 
  • any substantive refusal(s) to register, the applicant may respond by 
  • timely filing:
  • [[Page 2311]]
  • (i) A request for reconsideration under paragraph (b)(3) of this 
  • section that seeks to overcome any substantive refusal(s) to register, 
  • and comply with any outstanding requirement(s), maintained in the final 
  • action; or
  • (ii) An appeal to the Trademark Trial and Appeal Board under 
  • Sec. Sec. 2.141 and 2.142.
  • (2) If the examining attorney issues a final action that contains 
  • no substantive refusals to register, but maintains any requirement(s), 
  • the applicant may respond by timely filing:
  • (i) A request for reconsideration under paragraph (b)(3) of this 
  • section that seeks to comply with any outstanding requirement(s) 
  • maintained in the final action;
  • (ii) An appeal of the requirement(s) to the Trademark Trial and 
  • Appeal Board under Sec. Sec. 2.141 and 2.142; or
  • (iii) A petition to the Director under Sec. 2.146 to review the 
  • requirement(s), if the subject matter of the requirement(s) is 
  • procedural, and therefore appropriate for petition.
  • (3) Prior to the expiration of the time for filing an appeal or a 
  • petition, the applicant may file a request for reconsideration of the 
  • final action that seeks to overcome any substantive refusal(s) and/or 
  • comply with any outstanding requirement(s). Filing a request for 
  • reconsideration does not stay or extend the time for filing an appeal 
  • or petition. The Office will enter amendments accompanying requests for 
  • reconsideration after final action if the amendments comply with the 
  • rules of practice in trademark cases and the Act.
  • (4) Filing a request for reconsideration that does not result in 
  • the withdrawal of all refusals and requirements, without the filing of 
  • a timely appeal or petition, will result in abandonment of the 
  • application for incomplete response, pursuant to Sec. 2.65(a).
  • (c) If a petition to the Director under Sec. 2.146 is denied, the 
  • applicant will have six months from the date of issuance of the Office 
  • action that repeated the requirement(s), or made it final, or thirty 
  • days from the date of the decision on the petition, whichever date is 
  • later, to comply with the requirement(s). A requirement that is the 
  • subject of a petition decided by the Director subsequently may not be 
  • the subject of an appeal to the Trademark Trial and Appeal Board.
  • (d) If an applicant in an application under section 1(b) of the Act 
  • files an amendment to allege use under Sec. 2.76 during the six-month 
  • response period after issuance of a final action, the examining 
  • attorney will examine the amendment. The filing of such an amendment 
  • does not stay or extend the time for filing an appeal or petition.
  • Sec. 2.64 [Removed and Reserved]
  • 0
  • 9. Remove and reserve Sec. 2.64.
  • 10. Revise Sec. 2.65 to read as follows:
  • Sec. 2.65 Abandonment.
  • (a) An application will be abandoned if an applicant fails to 
  • respond to an Office action, or to respond completely, within six 
  • months from the date of issuance. A timely petition to the Director 
  • pursuant to Sec. Sec. 2.63(a) and (b) and 2.146 or notice of appeal to 
  • the Trademark Trial and Appeal Board pursuant to Sec. 2.142, if 
  • appropriate, is a response that avoids abandonment (see Sec. 
  • 2.63(b)(4)).
  • (1) If all refusals and/or requirements are expressly limited to 
  • certain goods and/or services, the application will be abandoned only 
  • as to those goods and/or services.
  • (2) When a timely response by the applicant is a bona fide attempt 
  • to advance the examination of the application and is a substantially 
  • complete response to the examining attorney's action, but consideration 
  • of some matter or compliance with a requirement has been omitted, the 
  • examining attorney may grant the applicant thirty days, or to the end 
  • of the response period set forth in the action to which the 
  • substantially complete response was submitted, whichever is longer, to 
  • explain and supply the omission before the examining attorney considers 
  • the question of abandonment.
  • (b) An application will be abandoned if an applicant expressly 
  • abandons the application pursuant to Sec. 2.68.
  • (c) An application will be abandoned if an applicant in an 
  • application under section 1(b) of the Act fails to timely file either a 
  • statement of use under Sec. 2.88 or a request for an extension of time 
  • for filing a statement of use under Sec. 2.89.
  • 11. Revise Sec. 2.68 to read as follows:
  • Sec. 2.68 Express abandonment (withdrawal) of application.
  • (a) Written document required. An applicant may expressly abandon 
  • an application by filing a written request for abandonment or 
  • withdrawal of the application, signed by the applicant, someone with 
  • legal authority to bind the applicant (e.g., a corporate officer or 
  • general partner of a partnership), or a practitioner qualified to 
  • practice under Sec. 11.14 of this chapter, in accordance with the 
  • requirements of Sec. 2.193(e)(2). A request for abandonment or 
  • withdrawal may not subsequently be withdrawn.
  • (b) Rights in the mark not affected. Except as provided in Sec. 
  • 2.135, the fact that an application has been expressly abandoned shall 
  • not affect any rights that the applicant may have in the mark set forth 
  • in the abandoned application in any proceeding before the Office.
  • 12. Amend Sec. 2.77 by revising paragraph (b) to read as follows:
  • Sec. 2.77 Amendments between notice of allowance and statement of  use.
  • (b) Other amendments may be entered during this period only with 
  • the express permission of the Director, after consideration on petition 
  • under Sec. 2.146. If the Director determines that the amendment 
  • requires review by the examining attorney, the petition will be denied 
  • and the amendment may be resubmitted with the statement of use in order 
  • for the applicant to preserve its right to review.
  • 13. Amend Sec. 2.81 by revising paragraph (b) to read as follows:
  • Sec. 2.81 Post publication.
  • (b) In an application under section 1(b) of the Act for which no 
  • amendment to allege use under Sec. 2.76 has been submitted and 
  • accepted, if no opposition is filed within the time permitted or all 
  • oppositions filed are dismissed, and if no interference is declared, a 
  • notice of allowance will issue. Thereafter, the applicant must submit a 
  • statement of use as provided in Sec. 
  • 14. Amend Sec. 2.84 by revising paragraph (b) to read as follows:
  • Sec. 2.84 Jurisdiction over published applications.
  • * * * * *
  • (b) After publication, but before the certificate of registration 
  • is issued in an application under section 1(a), 44, or 66(a) of the 
  • Act, or before the notice of allowance is issued in an application 
  • under section 1(b) of the Act, an application that is not the subject 
  • of an inter partes proceeding before the Trademark Trial and Appeal 
  • Board may be amended if the amendment meets the requirements of 
  • Sec. Sec. 2.71, 2.72, and 2.74. Otherwise, an amendment to such an 
  • application may be submitted only upon petition to the Director to 
  • restore jurisdiction over the application to the examining attorney for 
  • consideration of the amendment and further examination. The amendment 
  • of an application that is the subject of an inter partes proceeding 
  • before the Trademark Trial and Appeal Board is governed by Sec. 2.133.
  • [[Page 2312]]
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  • 15. Amend Sec. 2.142 by revising paragraphs (f)(3) and (6) to read as 
  • follows:
  • Sec. 2.142 Time and manner of ex partie appeals.
  • (3) If the further examination does result in an additional ground 
  • for refusal of registration, the examiner and appellant shall proceed 
  • as provided by Sec. Sec. 2.61, 2.62, and 2.63. If the ground for 
  • refusal is made final, the examiner shall return the application to the 
  • Board, which shall thereupon issue an order allowing the appellant 
  • sixty days from the date of the order to file a supplemental brief 
  • limited to the additional ground for the refusal of registration. If 
  • the supplemental brief is not filed by the appellant within the time 
  • allowed, the appeal may be dismissed.
  • (6) If, during an appeal from a refusal of registration, it appears 
  • to the examiner that an issue not involved in the appeal may render the 
  • mark of the appellant unregistrable, the examiner may, by written 
  • request, ask the Board to suspend the appeal and to remand the 
  • application to the examiner for further examination. If the request is 
  • granted, the examiner and appellant shall proceed as provided by 
  • Sec. Sec. 2.61, 2.62, and 2.63. After the additional ground for 
  • refusal of registration has been withdrawn or made final, the examiner 
  • shall return the application to the Board, which shall resume 
  • proceedings in the appeal and take further appropriate action with 
  • respect thereto.
  • 16. Amend Sec. 2.145 by revising paragraph (a) introductory text to 
  • read as follows:
  • Sec. 2.145 Appeal to court and civil action.
  • (a) Appeal to U.S. Court of Appeals for the Federal Circuit. An 
  • applicant for registration, or any party to an interference, 
  • opposition, or cancellation proceeding, or any party to an application 
  • to register as a concurrent user, hereinafter referred to as inter 
  • parties proceedings, who is dissatisfied with the decision of the 
  • Trademark Trial and Appeal Board, and any registrant who has filed an 
  • affidavit or declaration under section 8 or section 71 of the Act or 
  • who has filed an application for renewal and is dissatisfied with the 
  • decision of the Director (Sec. Sec. 2.165 and 2.184), may appeal to 
  • the U.S. Court of Appeals for the Federal Circuit. The appellant must 
  • take the following steps in such an appeal:
  • 17. Amend Sec. 2.146 by revising paragraphs (a)(1) and (g) to read as 
  • follows:
  • Sec. 2.146 Petitions to the Director.
  • (a) * * *
  • (1) From any repeated or final formal requirement of the examiner 
  • in the ex parte prosecution of an application if permitted by Sec. 
  • 2.63(a) and (b);
  • (g) The mere filing of a petition to the Director will not act as a 
  • stay in any appeal or inter partes proceeding that is pending before 
  • the Trademark Trial and Appeal Board nor stay the period for replying 
  • to an Office action in an application except when a stay is 
  • specifically requested and is granted or when Sec. Sec. 2.63(a) and 
  • (b) and 2.65(a) are applicable to an ex partie application.
  • 18. Amend Sec. 2.171 by revising paragraph (b)(2)(i) to read as 
  • follows:
  • Sec. 2.171 New certificate on change of ownership.
  • (2)(i) When the International Bureau of the World Intellectual 
  • Property Organization notifies the Office that an international 
  • registration has been divided as the result of a change of ownership 
  • with respect to some but not all of the goods and/or services, the 
  • Office will construe the International Bureau's notice as a request to 
  • divide. The Office will update Office records to reflect the change in 
  • ownership, divide out the assigned goods and/or services from the 
  • registered extension of protection (parent registration), and publish 
  • notice of the parent registration in the Official Gazette.
  • 19. Revise Sec. 2.172 to read as follows:
  • Sec. 2.172 Surrender for cancellation.
  • Upon application by the owner, the Director may permit any 
  • registration to be surrendered for cancellation. The application for 
  • surrender must be signed by the owner of the registration, someone with 
  • legal authority to bind the owner (e.g., a corporate officer or general 
  • partner of a partnership), or a practitioner qualified to practice 
  • under Sec. 11.14 of this chapter. When a registration has more than 
  • one class, one or more entire class(es) but fewer than the total number 
  • of classes may be surrendered. Deletion of fewer than all the goods or 
  • services in a single class constitutes amendment of the registration as 
  • to that class (see Sec. 2.173), rather than surrender. A surrender for 
  • cancellation may not subsequently be withdrawn.
  • 20. Amend Sec. 2.185 by revising paragraph (a) introductory text to 
  • read as follows:
  • Sec. 2.185 Correcting deficiencies in renewal application.
  • (a) If the renewal application is filed within the time periods set 
  • forth in section 9(a) of the Act, deficiencies may be corrected after 
  • notification from the Office, as follows:
  • 21. Amend Sec. 2.198 by revising paragraphs (a)(1)(vi) and (vii) and 
  • adding paragraph (a)(1)(viii) to read as follows:
  • Sec. 2.198 Filing of correspondence by Priority Mail Express[supreg].
  • (vi) Renewal requests under section 9 of the Act;
  • (vii) Requests to change or correct addresses; and
  • (viii) Affidavits 
  • PART 6--CLASSIFICATION OF GOODS AND SERVICES UNDER THE TRADEMARK  ACT

22. The authority citation for 37 CFR part 6 is revised to read as 

  • follows:
  • Authority: Secs. 30, 41, 60 Stat. 436, 440; 15 U.S.C. 1112, 
  • 1123; 35 U.S.C. 2, unless otherwise noted.
  • 23. Amend Sec. 6.1 by revising paragraph 5 to read as follows:
  • Sec. 6.1 International schedule of classes of goods and services.
  • 5. Pharmaceutical and veterinary preparations; sanitary 
  • preparations for medical purposes; dietetic food and substances adapted 
  • for medical or veterinary use, food for babies; dietary supplements for 
  • humans and animals; plasters, materials for dressings; material for 
  • stopping teeth, dental wax; disinfectants; preparations for destroying 
  • vermin; fungicides, herbicides.
  • PART 7--RULES OF PRACTICE IN FILINGS PURSUANT TO THE PROTOCOL 
  • RELATING TO THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS
  • 24. The authority citation for 37 CFR part 7 continues to read as 
  • follows:
    Secretary of Commerce for Intellectual Property and Deputy  Director, United States Patent and Trademark Office. [Rule 7 FR Doc. 2015-00267 Filed 1-15-15; 8:45 am] BILLING CODE 3510-16-P United States Patent and Trademark Office, Commerce. Methodology ACTION: Final rule Brown Roofing Cincinnati LLC 6255 Beechwood Terrace Cincinnati, Ohio 45230-Brown Roofing Cincinnati LLC Employer ID Number 38-3874937

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