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Code of Federal Regulations, Title 37- Patents, Trademarks, and Copyrights, United States of America

Revised as of July 1, 2023

Latest Version in WIPO Lex
Details Details Year of Version 2023 Dates Revised: July 1, 2023 Type of Text Implementing Rules/Regulations Subject Matter Copyright and Related Rights (Neighboring Rights), Patents (Inventions), Industrial Designs, Plant Variety Protection, Trademarks Subject Matter (secondary) Undisclosed Information (Trade Secrets) Notes Effective December 1, 2022: This rule change establishes ex parte expungement and reexamination proceedings for cancellation of a registration when the required use in commerce of the registered mark has not been made; provides for a new nonuse ground for cancellation before the Trademark Trial and Appeal Board (TTAB or Board); establishes flexible Office action response periods; and amends the existing letter-of-protest rule to indicate that letter-of-protest determinations are final and non-reviewable. The rule also sets fees for petitions requesting institution of ex parte expungement and reexamination proceedings, and for requests to extend Office action response deadlines. The rules governing the suspension of USPTO proceedings and attorney recognition in trademark matters are also amended. Finally, a new rule is added to address procedures regarding court orders cancelling or affecting registrations. Added or modified sections effective December 1, 2022, include: 37 C.F.R. §§ 2.6(a)(28)(i) and 2.6(a)(28)(ii); 2.62(a) and (c); 2.63(b) introductory text, (b)(1) and (2), (c), and (d); 2.65(a); 2.66(b); 2.163(b) through (e); 2.165; 2.176; 2.184(b); 2.186(b) through (d); 7.6(a)(9); 7.39; and 7.40. Implementation of 37 C.F.R. §§ 2.6, 2.62, 2.65 and 2.66 was delayed on October 13, 2022, from December 1, 2022, to December 3, 2022, in the examination of applications. Similarly, implementation of 37 C.F.R. §§ 2.163(b) through (e); 2.165, 2.176, 2.184(b), 2.186(b) through (d), 7.6(a)(9), 7.39, and 7.40 was delayed from December 1, 2022, to October 7, 2023 in the examination of post-registration filings. Effective December 18, 2021: These rules implement the TMA provisions related to ex parte expungement and reexamination proceedings, for response deadline extensions and suspensions; amends the rules regarding attorney recognition and correspondence to clarify that the USPTO will not recognize an attorney who has been ‘‘mistakenly, falsely, or fraudulently designated’’ and that an attorney need not formally withdraw under such circumstances; and added a new rule formalized longstanding procedures concerning action on court orders canceling or affecting a registration under section 37 of the Act, 15 U.S.C. § 1119. Added or modified effective December 18, 2021, include: 37 C.F.R. §§ 2.6(a)(25), 2.6(a)(26) and (27), 2.11, 2.11(b), 2.11(d) and (f);  2.17(b)(4); 2.18(a)(1), 2.18(a)(2), 2.19(c), 2.23(c), 2.23(d)(3), 2.61, 2.62(a) and 2.62(c), 2.63(b) and 2.63(c), 2.65 2.67, 2.91-2.94, 2.111(b), 2.117(a) and 2.117(c), 2.141, 2.142, 2.145, 2.146, 2.149(a) and (i), 2.177, and 2.193(e)(5).

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WIPO Lex No. US465