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Chapter 1600
Registration and Post Registration Procedures
1601.01 Registrations Now Being Issued
1601.01(a) Certificate of Registration
1601.01(b) Duplicate Certificate of Registration
1601.01(c) Registered Extension of Protection of International Registration to the United States
1601.03 Additional Registration under Act of 1946
1601.04 1881 and 1905 Act Registrations
1601.05 1920 Act Registrations
1601.06 Registrations Issued Under Prior Classification Systems
1601.07 Form of Copies of Registrations
1602 Duration and Maintenance of Registrations
1602.04 Trademark Law Treaty Implementation Act Changes
1603 Bringing Prior Act Registrations Under 1946 Act, §12(c)
1603.01 Notification and Printing of Mark in Official Gazette
1603.02 Cancellation and Incontestability
1603.03 Affidavits of Use in Commerce Required
1604 Affidavit of Use or Excusable Nonuse of Mark in Commerce under §8
1604.01 Registrations to Which §8 Affidavit Pertains
1604.02 Notice of When Affidavit Is Due
1604.03 Form for Filing §8 Affidavit
1604.04 Time for Filing §8 Affidavit
1604.04(a) Premature Filing of §8 Affidavit
1604.04(b) Registrations in Twenty-Year Terms
1604.05 Requirements for §8 Affidavit or Declaration of Use or Excusable Nonuse
1604.06(a) Filing Fee for Affidavit or Declaration
1604.06(b) Grace Period Surcharge and Deficiency Surcharge
1604.06(c) Processing Affidavit or Declaration Filed With Insufficient Fees
1604.07 Ownership, and Who May File §8 Affidavit
1604.07(a) Affidavit or Declaration Must be Filed by Owner
1604.07(b) Establishing Ownership
1604.07(c) Acceptance Notice Issued in Name of Owner of Record
1604.07(d) Changes of Legal Entity
1604.07(f) Correction of Mistake in Setting Forth the Name of the Owner
1604.08 Execution of Affidavit or Declaration
1604.08(a) Persons Who May Sign Affidavit or Declaration
1604.08(b) Date of Execution of Affidavit or Declaration
1604.08(c) Signature of Electronically Transmitted Affidavit or Declaration
1604.08(d) Form and Wording of Verification
1604.09 Goods and/or Services Set Forth in §8 Affidavit or Declaration
1604.09(a) Goods and/or Services Must be Specified or Expressly Incorporated by Reference
1604.09(b) Deletion of Goods and/or Services
1604.09(c) Failure to List All Goods and/or Services Recited in Registration
1604.09(d) New Goods and/or Services Cannot be Added
1604.11 “Excusable Nonuse” of Mark
1604.12 Specimen Showing Current Use of Mark in Commerce
1604.12(a) Specimen for Each Class Required
1604.12(b) Specimens in Electronically Filed Affidavits
1604.12(c) Substitute Specimens
1604.13 Differences in the Mark as Used on the Specimen and the Mark as Registered
1604.13(a) Possible Amendment of Mark in Registration
1604.14 Designation of Domestic Representative by Foreign Owner
1604.15 Office Actions and Notices Regarding Affidavit
1604.16 Response to Office Action
1604.17 Correction of Deficiencies in §8 Affidavit
1604.17(b) Correcting Deficiencies in Affidavits or Declarations Filed During the Grace Period
1604.17(c) Defects That Cannot be Cured After Expiration of the Grace Period
1604.18 Petition Under 37 C.F.R. §2.146
1604.18(a) Response to Examiner’s Refusal Required Before Petition
1604.18(b) Decision on Petition is Final Action of the USPTO
1604.18(c) Request for Reconsideration of Denial of Petition
1604.18(d) Appeal to Federal Court
1605 Affidavit of Incontestability Under §15
1605.01 Registrations to Which §15 Affidavit Pertains
1605.02 Form for Filing Affidavit of Incontestability
1605.03 Time for Filing Affidavit of Incontestability
1605.04 Requirements for Affidavit or Declaration of Incontestability
1605.05 Combining §15 Affidavit with §8 Affidavit
1605.06 Section 14 Limitation is Independent of §15 Affidavit
1606 Renewal of Registration Under Trademark Act §9
1606.01 Which Registrations Must be Renewed Under §9
1606.01(a) Registrations Based on Applications Under §1 or §44 Must Be Renewed Under §9
1606.01(c) Renewal of Registrations Issued Under Prior U.S. Trademark Acts Must Be Renewed Under §9
1606.02 Requirements for Renewal Under §9
1606.03 Time for Filing §9 Renewal Application
1606.03(a) Premature Filing of §9 Renewal Application
1606.04 Form for Filing §9 Renewal Application
1606.05 Fees for §9 Renewal Applications
1606.05(a) Fee for Filing Application for Renewal Under §9
1606.05(b) Grace Period Surcharge and Deficiency Surcharge
1606.05(c) Processing §9 Renewal Application Filed with Insufficient Fees
1606.06 Ownership, and Who May File §9 Renewal Application
1606.07 Execution of §9 Renewal Application
1606.08 Goods and/or Services Set Forth in §9 Renewal Application
1606.08(a) Listing of Goods and/or Services Required Only for Partial Renewal
1606.08(b) No Goods or Services Listed
1606.08(c) Some Goods and/or Services Listed
1606.08(d) Goods and/or Services Not Listed in Registration May Not Be Listed in Renewal Application
1606.09 Affidavit of Use in Commerce or Excusable Nonuse Not Required
1606.10 Designation of Domestic Representative by Foreign Applicant for Renewal Under §9
1606.11 Office Actions and Notices Regarding §9 Renewal Application
1606.12 Response to Office Action
1606.13 Correction of Deficiencies in §9 Renewal Applications
1606.13(b) Correcting Deficiencies in Renewal Applications Filed During the Grace Period
1606.13(c) Late Filing Cannot be Cured
1606.14 Petition Under 37 C.F.R. §2.146
1606.14(a) Response to Examiner’s Refusal Required Before Petition
1606.14(b) Decision on Petition is Final Action of the USPTO
1606.14(c) Request for Reconsideration of Denial of Petition
1606.14(d) Appeal to Federal Court
1607 Cancellation of Registrations Under §§14 and 37 of the Trademark Act
1608 Surrender of Registration for Cancellation
1609 Amendment and Correction of Registrations
1609.01 Amendment of Registration - In General
1609.01(a) Limited Amendments to Registered Extension of Protection
1609.01(b) Amendment of Registration Resulting From §1 or §44 Application
1609.02(a) Determining What Constitutes Material Alteration of Mark
1609.02(b) New Drawing Required
1609.02(c) Supporting Specimen and Declaration
1609.02(d) Conforming Amendments
1609.02(f) Amendment of Black-and-White Drawing to Color Drawing
1609.02(g) Amendment to Special Form Drawing Containing Black, White, and/or Gray
1609.03 Amendment of Identification of Goods or Services
1609.04 Amendment of Classification
1609.06 Territorial Restrictions
1609.09 Amendment from Supplemental to Principal Register Not Permitted
1609.10 Correction of Mistake in Registration
1609.10(a) Correction of USPTO Error
1609.10(b) Correction of Owner’s Error
1609.11 Change of Owner’s Address Can Be Filed Through TEAS
1610 Court Orders Concerning Registrations
1611 Updating Automated Records to Show the Status of Registrations
1612 Powers of Attorney and Designations of Domestic Representative Filed After Registration
1613 Affidavit of Use in Commerce or Excusable Nonuse Under §71 of the Trademark Act
1614 Renewal of Registered Extension of Protection
1615 Division of Registrations
1615.01 Division of Registration Based on Application Under §1 or §44 of the Trademark Act