[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Rules and Regulations]
[Page 1559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00428]
[[Page 1559]]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Part 2
[Docket No. PTO-T-2017-0054]
RIN 0651-AD29
Changes in Requirements for Collective Trademarks and Service
Marks, Collective Membership Marks, and Certification Marks; Correction
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule; correcting amendment.
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SUMMARY: The United States Patent and Trademark Office published in the
Federal Register on June 11, 2015 a final rule, which became effective
on July 11, 2015, revising the Trademark Rules of Practice. This
document reinstates three paragraphs, which were inadvertently deleted
as a result of an error in the amendatory instructions.
DATES: This rule is effective January 12, 2018.
FOR FURTHER INFORMATION CONTACT: Catherine Cain, Office of the Deputy
Commissioner for Trademark Examination Policy, by email at
[email protected], or by telephone at (571) 272-8946.
SUPPLEMENTARY INFORMATION: The USPTO issues this final rule to correct
an inadvertent error in Sec. 2.193(e)(1) of its June 11, 2015 final
rule revising the Trademark Rules of Practice (80 FR 33170) (published
under RIN 0651-AC89).
The June 11, 2015 final rule amended the introductory text of Sec.
2.193(e)(1) to correspond with new Sec. 2.2(n). However, the
amendatory instruction inadvertently instructed that Sec.
2.193(e)(1)(i)-(iii) be deleted. This correction revises the amendatory
instruction and thereby reinstates paragraphs (i)-(iii).
This rule is issued without prior notice and opportunity for
comment as this correction is procedural/interpretative in nature, and
is being implemented to avoid inconsistencies and confusion with the
rule issued on June 11, 2015. Additionally, as this correction rule is
nonsubstantive, it is effective immediately upon publication.
Rulemaking Requirements
Executive Order 12866 (Regulatory Planning and Review): This
rulemaking has been determined to be not significant for purposes of
Executive Order 12866.
Executive Order 13771 (Reducing Regulation and Controlling
Regulatory Costs): This rule is not an Executive Order 13771 regulatory
action because this rule is not significant under Executive Order
12866.
List of Subjects in 37 CFR Part 2
Administrative practice and procedure, Trademarks.
For the reasons stated 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 part 2 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. 1113, 15 U.S.C. 1123, 35 U.S.C. 2, Section
10(c) of Pub. L. 112-29, unless otherwise noted.
0
2. In Sec. 2.193, revise paragraph (e)(1) to read as follows:
Sec. 2.193 Trademark correspondence and signature requirements.
* * * * *
(e) * * *
(1) Verified statement of facts. A verified statement in support of
an application for registration, amendment to an application for
registration, allegation of use under Sec. [thinsp]2.76 or Sec.
[thinsp]2.88, request for extension of time to file a statement of use
under Sec. [thinsp]2.89, or an affidavit under section 8, 12(c), 15,
or 71 of the Act must satisfy the requirements of Sec. [thinsp]2.2(n),
and be signed by the owner or a person properly authorized to sign on
behalf of the owner. A person who is properly authorized to verify
facts on behalf of an owner is:
(i) A person with legal authority to bind the owner (e.g., a
corporate officer or general partner of a partnership);
(ii) A person with firsthand knowledge of the facts and actual or
implied authority to act on behalf of the owner; or
(iii) An attorney as defined in Sec. 11.1 of this chapter who has
an actual written or verbal power of attorney or an implied power of
attorney from the owner.
* * * * *
Dated: January 8, 2018.
Joseph D. Matal,
Associate Solicitor Performing the Functions and Duties of the Under
Secretary of Commerce for Intellectual Property and Director of the
United States Patent and Trademark Office.
[FR Doc. 2018-00428 Filed 1-11-18; 8:45 am]
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