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DOC/PTO | RIN: 0651-AD09 | Publication ID: Spring 2016 |
Title: ●Additional Verified Statements in Affidavits or Declarations of Use, Continued Use, or Excusable Nonuse in Trademark Cases | |
Abstract:
In order to promote the accuracy and integrity of the trademark register, the United States Patent and Trademark Office proposes to amend its rules to strengthen the solemnity of the claims of use made in affidavits or declarations of continued use or excusable nonuse filed pursuant to section 8 of the Trademark Act, 15 U.S.C. 1058, and affidavits or declarations of use in commerce or excusable nonuse filed pursuant to section 71 of the Trademark Act, 15 U.S.C. 1141k. Specifically, the USPTO seeks to require that the verified statement attesting to use of the mark in commerce must: describe the steps taken to investigate and verify the claim of use as to each good, service, or collective membership organization; delete any goods, services, or collective membership organization with which the mark is not currently in use, unless the owner has specifically claimed excusable nonuse; confirm that the specimen(s) submitted with the affidavit is currently in use in commerce; state that the owner understands that it may be required to furnish proof of use for additional goods and services listed in the registration; and state that the owner understands the seriousness of the oath, affidavit, sworn statement, or declaration made under 2.20 in support of the submission. |
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Agency: Department of Commerce(DOC) | Priority: Substantive, Nonsignificant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 37 CFR 7.3 37 CFR 2.1 | |
Legal Authority: 15 U.S.C. 1123 35 U.S.C. 2 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Jennifer Chicoski Administrator for Trademark Policy and Procedure Department of Commerce Patent and Trademark Office Commissioner for Trademarks, P. O. Box 1451, Alexandria, VA 22313 Phone:571 272-8943 Fax:571 273-8943 Email: jennifer.chicoski@uspto.gov |