Portions of the Official Gazette supplied sep arately: Decision leaflets, domestic $2.50 per annum, foreign $4.25 per annum; single numbers_____ Trade-mark section, domestic $8.00 per annum, foreign $10.00 per annum; single numbers____ Weekly index pages (supplied only by the Patent Office), $2.50 per annum; single numbers Annual index relating to trade-marks; price varies, 1947 volume, $3.00 cloth; paper__ Decisions of the Commissioner of Patents; price varies, 1946 volume, buckram.. Rules of Practice in Trade-Mark Cases, with Forms and Statutes (also supplied by the Patent Office) $0.05 .20 .05 1.75 2.00 .35 (As amended Nov. 3, 1947, 12 F. R. 7141; Dec. 31, 1948; 13 F. R. 9061; Nov. 1, 1949; 14 F. R. 8839; Dec. 1, 1952, 17 F. R. 10869.) EFFECTIVE DATE Amendment of this rule by 13 F. R. 9601 became effective on Mar. 1, 1949. § 100.22. Method of payment. All payments of money required for Patent Office fees must be made in United States specie, Treasury notes, national bank notes, post office money orders or postal notes payable in Washington, D. C., or certified checks. Money orders and certified checks must be made payable to the Commissioner of Patents. If sent in any other form the Office may delay the credit until collection is made. Remittances from foreign countries must be payable and immediately negotiable in the United States for the full amount of the fee required. Money sent by mail to the Patent Office will be at the risk of the sender; letters containing money should be registered. § 100.23. Refunds. Money paid by actual mistake or in excess, such as a payment not required by law, will be refunded, but a mere change of purpose after the payment of money, as when a party desires to withdraw his application for the registration of a mark or to withdraw an appeal, will not entitle a party to demand such a return. Amounts of ten cents or less will not be returned unless specifically demanded, nor will the payer be notified of such amount; amounts over ten cents but less than one dollar may be returned in postage stamps, and other amounts by check. RECORDS AND PUBLICATIONS OF THE PATENT OFFICE § 100.31. Printed copies of registered marks available. After a mark has been registered, printed copies of the statement, with a copy of the drawing, will be furnished by the Patent Office upon the payment of the fee therefor. § 100.32. Registration files open to public inspection. After a mark has been registered, or published for opposition, the file of the application and all proceedings relating thereto are available for public inspection and copies of the papers may be furnished upon paying the fee therefor. § 100.33. Assignment records open to public inspection. The assignment records are open to public inspection, and copies of any assignment recorded may be An obtained upon payment of the fee therefor. order for a copy of an assignment should give the liber and page of the record. If identified only by the name of the applicant and serial number, or by the name of the registrant and registration number, an extra charge will be made for the time consumed in making a search for such assignment. § 100.34. Certified copies. Copies of records, books, papers, or drawings belonging to the Patent Office relating to marks and copies of certificates of registration, authenticated by the seal of the Patent Office and certified by the Commissioner, or in his name by a chief of division duly designated by the Commissioner, will be furnished by the Patent Office to any person entitled thereto upon payment of the fee for the copies and for the authentication certificate. § 100.35. Official Gazette. The Official Gazette of the United States Patent Office is published weekly and contains, in addition to the material relating to patents, information relating to trade-marks, including the text or digest of opinions in trade-mark cases. It includes: (a) A list of marks published for opposition, with a reproduction of and information concerning each mark. (b) A list of marks registered on the Principal Register and under the act of 1905, 33 Stat. 724-731; 15 U. S. C. 81-109 [former sections] (references to this law are subsequently made by "act of 1905"). (c) A list of registrations cancelled. (d) A list of marks registered on the Supplemental Register and under the act of 1920, 41 Stat. 533-5; 15 U. S. C. 121-128 (references to this law are subsequently made by "act of 1920"), with a reproduction of and information concerning each mark. (e) A list of registrations renewed. (f) A list of marks republished under section 12 (c) [section 1062 (c) of this title] of the TradeMark Act of 1946, 60 Stat. 427; 15 U. S. C. 1051-1127; Pub. Law 489, 79th Cong., 2d Sess.; July 5, 1946 (references to this law are subsequently made by the “act” or the “act of 1946”), with a reproduction of each mark. (g) A list of registrations amended, surrendered, disclaimed, or corrected in accordance with section 7 (d), (f) and (g) of the act [section 1057 (d) (f) (g) of this title] with a statement of any change in the registration. Single copies and subscriptions are sold by the Superintendent of Documents, Government Printing Office, Washington, D. C. Part of the trade-mark material is reprinted separately in a trade-mark leaflet which may be purchased or subscribed to separately. Subscription rates for Official Gazette, see note under section 100.21 of these rules. § 100.36. Annual trade-mark index. An annual index of trade-marks registered is published, and sold by the Superintendent of Documents. § 100.37. Pamphlet of trade-mark rules and statutes; general information. Pamphlet copies of the rules of practice in trademark cases, including forms and statutes, may be purchased from the Superintendent of Documents or the Patent Office. A pamphlet of general information concerning trade-marks is furnished without charge by the Patent Office. (As amended Nov. 1, 1949, 14 F. R. 8839.) ATTORNEYS AND REPRESENTATION BY ATTORNEYS § 100.41. Applicants may be represented by an attorney. The owner of a trade-mark may file and prosecute his own application for registration of such trademark, or he may be represented by an attorney or other person authorized to practice in trade-mark cases. The Patent Office cannot aid in the selection of an attorney or agent. (35 U. S. C. §§ 31, 32.) § 100.42. Persons who may practice before the Patent Office in trade-mark cases. Attorneys at law in good standing admitted to practice before the Supreme Court of the United States, the United States Court of Customs and Patent Appeals, or the highest court of any State or Territory of the United States or of the District of Columbia, and persons registered to practice in the United States Patent Office in patent cases (§ 1.341 of this chapter) may practice before the Patent Office in trade-mark cases. (a) Attorneys at law. No register of attorneys who may practice before the Patent Office in trade-mark cases is maintained, and no application by an attorney at law for admission to practice is required. A statement in the power of attorney, or in an accompanying paper, of the bar to which the attorney at law is admitted is required, and recognition is limited to each case. (b) Attorneys and agents registered at the Patent Office. Persons or firms, including attorneys at law, who are registered to practice before the Patent Office need only specify the registration in the power of attorney. Persons not eligible under the above requirements who were permitted to practice in trade-mark cases before the Patent Office prior to July 5, 1947, and who regularly and continuously so practiced for a substantial period prior to such date, may be registered and recognized as agents to continue such practice under such restrictions as may be prescribed, upon application for such limited registration and recognition filed prior to February 1, 1950, and a showing of facts sufficient to justify such action. (c) Special recognition. No persons other than those hereinabove mentioned will be permitted to practice before the Patent Office in trade-mark cases unless specially and formally recognized by the Commissioner of Patents, but any person may appear for himself in a proceeding to which he is a party, or for a firm of which he is a member, or for a corporation or association 24626-53-vol. 2-22 of which he is an officer and which he is authorized to represent, if such firm, corporation, or association is a party to the proceeding. (d) Refusal of recognition for cause. Persons entitled to be recognized under this section may, nevertheless, be refused recognition for cause. (35 U. S. C. 31, 32.) (As amended Dec. 31, 1948, 13 F. R. 9602; Nov. 1, 1949, 14 F. R. 8839.) EFFECTIVE DATE Amendment of this rule by 13 F. R. 9601 became effective on Mar. 1, 1949. § 100.43. Professional conduct. Attorneys at law and other persons appearing before the Patent Office in trade-mark cases must conform to the standards of ethical and professional conduct generally applicable to attorneys before the courts. (35 U. S. C. 31, 32.) § 100.44. Advertising. The use of display advertising, circulars, letters, cards, and similar material to solicit trade-mark business, directly or indirectly, is forbidden as unprofessional conduct, and any person engaging in such solicitation, or associated with or employed by others who so solicit, shall be refused recognition, to practice before the Patent Office or suspended or excluded from further practice. The use of simple professional letterheads, calling cards, or office signs; simple announcements necessitated by opening an office, change of association, or change of address, distributed to clients and friends, and insertion of professional cards, listings in common form (not display) in a classified telephone or city directory, and listings and professional cards with biographical data in standard professional directories are not prohibited. (35 U. S. C. 31, 32.) Effective [See § 100.401]. NOTE: The following rule, being paragraphs 4 and 5 of § 5.11 of deleted Part 5, the rule currently in effect, shall be in effect until this section comes into effect: Every attorney prosecuting applications for registration of trade-marks shall submit to the Commissioner of Patents for approval copies of all proposed advertising matter, circulars, letters, cards, etc., intended to solicit trade-mark business, and if it be not disapproved by him and the attorney so notified within 10 days after submission, it may be considered approved. Any such attorney sending out or using any such matter, a copy of which has not been submitted to the Commissioner of Patents in accordance with this rule, or which has been disapproved by the Commissioner of Patents, shall be subject to suspension or exclusion from practice before the Patent Office, or any division thereof. (As amended June 30, 1948, 13 F. R. 3677; Dec. 31, 1948, 13 F. R. 9602.) EFFECTIVE DATE The effective date of the amendment to this rule by 13 F. R. 9601 was extended from Mar. 1, 1949, to Jan. 1, 1950, by 14 F. R. 3589. § 100.45. Signature and certificate of attorney. Every paper filed by an attorney at law or other recognized person representing an applicant or party to a proceeding in the Patent Office must bear the signature of such attorney or person, except papers which are required to be signed by the applicant or party in person (such as the application itself and affidavits required of applicants or registrants). The signature of an attorney or such other person to a paper filed by him, or the filing or presentation of any paper by him, constitutes a certificate that the paper has been read; that its filing is authorized; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. When an applicant or party is represented by a registered firm, such papers must carry the signature of the firm, or the signature of an individual member of the firm or an individual registered attorney or agent employed by the firm and duly authorized to sign on behalf of the firm in addition to the firm name, and the certification constituted by the signing or presentation of the paper shall be a certification by and on behalf of the firm and by the individual. (60 Stat. 440; 15 U. S. C. 1123; 35 U. S. C. 31, 32.) (As amended Dec. 31, 1948, 13 F. R. 9602; Feb. 24, 1950, 15 F. R. 999.) EFFECTIVE DATE Amendment of this rule by 13 F. R. 9601 became effective on Mar. 1, 1949. § 100.46. Suspension or exclusion from practice. The Commissioner of Patents may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent Office any person, attorney, or agent shown to be incompetent or disreputable, or guilty of unethical or unprofessional conduct or gross misconduct, or who refuses to comply with the rules and regulations, or who shall, with intent to defraud in any manner, deceive, mislead, or threaten any applicant or prospective applicant or other person having immediate or prospective business before the Patent Office, by word, circular, letter, or in any other manner. The reasons for any such suspension or exclusion shall be duly recorded. Proceedings for suspension, disbarment or exclusion from practice are conducted as provided in § 1.348 of this chapter. (See 35 U. S. C. 32 for review of the Commissioner's action by the District Court of the United States for the District of Columbia.) (As amended Dec. 31, 1948, 13 F. R. 9602; Dec. 1, 1952, 17 F. R. 10869.) EFFECTIVE DATE Amendment of this rule by 13 F. R. 9601 became effective on Mar. 1, 1949. § 100.47. Power of attorney or authorization. Before any attorney at law or other recognized person will be allowed to inspect papers in any application prior to publication under § 100.151, or to take action of any kind in any application or proceeding, a written power of attorney or authorization, from the person or persons entitled to prosecute the application, or from the principal attorney or agent, must be filed in that particular application or proceeding. (35 U. S. C. 31, 32.) (As amended Nov. 1, 1949, 14 F. R. 8839.) § 100.48. Correspondence held with attorney. When an attorney or other recognized person shall have filed his power of attorney or authorization, duly executed, the correspondence will be held with him. Double correspondence with an applicant or other party and his attorney, or with two attorneys, will not be undertaken. If more than one attorney be appointed, correspondence will be held with the one last appointed unless otherwise requested. (35 U. S. C. 31, 32.) (As amended Feb. 8, 1952, 17 F. R. 1218.) § 100.49. Revocation of power of attorney. A power of attorney or authorization may be revoked at any stage in the proceedings of a case upon notification to the Commissioner; and, when it is so revoked, the Office will communicate directly with the applicant or with such other attorney as he may appoint. An attorney or agent will be notified of the revocation of his power of attorney or authorization. (35 U. S. C. 31, 32.) APPLICATION FOR REGISTRATION § 100.61. Parts of application. A complete application for registration comprises: (a) A written application (see §§ 100.71 to 100.88); (b) A drawing of the mark (see §§ 100.91 to 100.95); (c) Five specimens or facsimiles (see §§ 100.101 to 100.103); (d) The required filing fee (see § 100.21 (a)); (e) A certified copy of the registration in the country of origin if the application is based on such foreign registration pursuant to section 44 (e) [section 1126 (e) of this title] of the act (see § 100.79). § 100.62. Application must be complete to receive filing date. An application will not be accepted and filed for examination unless all the required parts specified in § 100.61, complying with the rules and regulations relating thereto, are received, but minor informalities may be waived subject to subsequent correction. If the papers and parts are incomplete or so defective that they cannot be accepted as a complete application, the applicant will be notified and the papers and fee held six months for completion if possible, return to the applicant, or other disposition. If not completed in six months, a new application must thereafter be filed. The drawing, specimens, or fee of an unaccepted application may be applied to a later application. § 100.63. Serial number and filing date. Complete applications will be numbered as received, and the applicant will be informed of the serial number and filing date of the application. The filing date of the application is the date on which the complete application is received in the Patent Office in acceptable form. § 100.64. Designation of representative by foreign applicant. If the applicant is not domiciled in the United States, he must designate by a written document filed in the Patent Office the name and address of some person resident in the United States on whom may be served notices or process in proceedings affecting the mark and to whom all official communications will be addressed unless the applicant is repre sented by an attorney or other recognized person. If this document does not accompany or form part of the application, it will be required and registration refused unless it is supplied. § 100.65. Papers not returnable. After acceptance of the application the papers will not be returned for any purpose whatever. If the applicant has not preserved copies of the papers the Office will furnish them on the usual terms. § 100.66. Use of old drawing in new application. In an application filed in place of an abandoned or rejected application, or in an application for reregistration (§ 100.311), a new complete application is required, but the old drawing, if suitable, may be used. The application must be accompanied by a request for the transfer of the drawing, and by a permanent photographic copy, or an order for such copy, of the drawing to be placed in the original file. A drawing so transferred, or to be transferred, cannot be amended. § 100.67. Application confidential prior to publication. An index of pending applications stating the name and address of the applicant, a description of the mark, the goods or services with which the mark is used, the class number, and the serial number and filing date of the application will be available for public inspection as soon as practicable after filing. Access to files of pending trade-mark applications will not be given prior to publication under § 100.151 without the written authority of the applicant, unless it shall, in the opinion of the Commissioner, be necessary to the proper conduct of business before the Patent Office. Decisions of the Commissioner in applications and proceedings relating thereto are published or available for inspection or publication. (As amended Nov. 1, 1949, 14 F. R. 8839.) THE WRITTEN APPLICATION § 100.71. Application must be in English. The written application must be in the English language and plainly written on but one side of the paper. Legal size paper, typewritten double spaced, with at least a one and one-half inch margin on the left-hand side and top of the page, is deemed preferable. § 100.72. Application to be signed and sworn to by applicant. The written application must be made to the Commissioner of Patents and must be signed and verified (sworn to) by the applicant or by a member of the firm or an officer of the corporation or association applying. Re-executed papers may be required when the applation has not been filed in the Patent Office within a reasonable time after date of execution. § 100.73. Requirements for application; statement. The written application shall include a request for registration and shall specify: (a) The name of the applicant; (b) The citizenship of the applicant; if the applicant be a partnership, the names and citizenship of the general partners or, if the applicant be a corporation or association, the state or nation under the laws of which organized; (c) The domicile and post office address of the applicant; (d) That the applicant has adopted and is using the mark shown in the accompanying drawing; (e) The particular description of goods on or in connection with which the mark is used; (f) The class of merchandise according to the official classification (if the number and title of the class are not known to the applicant, they may be left blank, in which case they will be filled in by the Patent Office and applicant informed thereof); (g) The date of applicant's first use of the mark as a trade-mark on or in connection with goods specified in the application; (h) The date of applicant's first use of the mark as a trade-mark on or in connection with goods specified in the application in commerce which may lawfully be regulated by Congress, specifying the nature of such commerce. (i) The mode or manner in which the mark is used on or in connection with the particular goods specified. This part of the written application is called the statement. If more than one item of goods is specified in the application, the dates of use required in paragraphs (g) and (h) of this section need be only one of the items specified, provided the particular item to which the dates apply is designated. (As amended Feb. 8, 1952, 17 F. R. 1218.) § 100.74. Requirements for application; declaration. The written application must also include averments to the effect that the applicant or other person making the verification believes himself or the firm, corporation, or association in whose behalf he makes the verification to be the owner of the mark sought to be registered; that the mark is in use in commerce which may lawfully be regulated by Congress, specifying the nature of such commerce; that no other person, firm, corporation, or association, to the best of his knowledge and belief, has the right to use such mark in commerce, either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive, that the drawing and description truly represent the mark sought to be registered; that the specimens or facsimiles show the mark as actually used in connection with the goods; and that the facts set forth in the statement are true. This part of the written application is called the declaration. § 100.75. Description of mark. A description of the mark, which must be acceptable to the Examiner of Trade-Marks, may be included in the statement, and must be included if required by the Examiner. § 100.76. Identification of prior registrations. Prior registrations of the same or similar marks owned by the applicant should be identified in the written application. § 100.77. Power of attorney, domestic representative. The power of attorney or authorization of agent (§ 100.47) and the appointment of a domestic representative (§ 100.64) may be included as a paragraph or paragraphs in the written application. § 100.78. Use by predecessor or by related companies. (a) If the first use, the date of which is required by paragraph (g) or (h) of § 100.73, was by a predecessor in title, or by a related company (sections 5 and 45 of the act) [sections 5 and 1127 of this title], and such use inures to the benefit of the applicant, the date of such first use may be asserted with a statement that such first use was by the predecessor in title or by the related company as the case may be. The Office may require further details and additional proof showing that such use inures to the benefit of the applicant. (b) Where the mark sought to be registered is legitimately used by one or more related companies at the time of the filing of the application, the declaration (§ 100.74) must recite exceptions to the averment of the exclusive right to use the mark, stating the nature of such relationship and, if practicable, the names and addresses of such companies. (As amended Nov. 1, 1949, 14 F. R. 8839.) § 100.79. Omission of allegation of use by foreign applicants. The allegation that the mark is in use in commerce which may lawfully be regulated by Congress, required by § 100.74, and the statements of the dates of the applicant's first use, required by § 100.73 (g) and (h), may be omitted in the case of an application, filed pursuant to section 44 (e) of the act [section 1126 (e) of this title], for registration of a mark duly registered in the country of origin of a foreign applicant, provided the application when filed is accompanied by a certified copy of the registration in the country of origin and said registration is then in full force and effect. A sworn translation of the registration, if not in the English language, may be required after the application is filed. Such allegation and statement may also be omitted in the case of an application claiming the benefit of a prior foreign application in accordance with section 44 (d) of the act [section 1126 (d) of this title]: Provided, That the application states the date and country of the first foreign application and a certified copy of the foreign application and a sworn translation of the same, if not in the English language, are filed before the registration is granted but the registration will not be granted until the mark has been registered in the country of origin of the applicant. In such cases the description of goods or services shall not exceed the scope of that covered by the foreign registration or application. § 100.81. Proof of distinctiveness under section 2 (f). (a) When registration is sought under section 2 (f) of the act [section 1052 (f) of this title], the statement shall allege that registration is requested on the Principal Register in accordance with that section. (b) If the claim of distinctiveness is based on substantially exclusive and continuous use of the mark by the applicant for the period of five years next preceding the filing of the application, in commerce which may lawfully be regulated by Congress, the application shall include in the statement an allegation to that effect; but further evidence showing that the mark was so used, and that it has become distinctive, may be required. (c) If the allegation of distinctiveness is noc based on substantially exclusive use over the fiveyear period specified in paragraph (b) of this section, but is based on other facts or circumstances, proof of distinctiveness must be submitted separately and should accompany the application. such cases the statement shall set forth that the mark is alleged to have become distinctive of applicant's goods in commerce which may lawfully be regulated by Congress as evidenced by proof separately submitted. In (d) When the claim of distinctiveness is added to the statement subsequently to the filing of the application, it must be verified by the applicant. (As amended Nov. 3, 1947, 12 F. R. 7141; Nov. 1, 1949, 14 F. R. 8839.) § 100.82. Concurrent use. In the case of an application claiming concurrent use, the applicant shall also specify in the statement to the extent of his knowledge any concurrent use by others, designating their names, addresses, and registrations or applications, if any, the goods in connection with which and the areas in which such concurrent use exists, the mode of such use, the periods of such use, and the goods, area, or mode of use for which the applicant desires registration: and the claim of exclusive use made in the declaration shall be made with the stated exceptions. (As amended Nov. 3, 1947, 12 F. R. 7141.) § 100.83. Service mark. In the case of an application for the registration of a service mark the written application shall specify and contain all the elements required by the preceding sections for trade-marks, but shall be modified to relate to services instead of to goods wherever necessary. § 100.84. Collective mark. In the case of an application for registration of a collective mark, the written application shall specify and contain all applicable elements required by the preceding sections for trade-marks, but shall, in addition, specify the class of persons entitled to use the mark, indicating their relationship to the owner of the mark, and the nature of the owner's control over the use of the mark. § 100.85. Certification mark. In the case of an application for registration of a certification mark, the written application shall specify and contain all applicable elements required by the preceding sections for trade-marks. It shall, in addition, specify the manner in which and the conditions under which the certification mark is used; it shall allege that the applicant exercises |