us-uspto-tmep-archived-rdms-july2015-changed1e1•TMEP July 2015: Change Summary - CHANGES: INDEX TO CHANGES IN TMEP July 2015
TMEP July 2015: Change Summary - CHANGES: INDEX TO CHANGES IN TMEP July 2015
us-uspto-tmep-archived-rdms-july2015-changed1e1TMEP July 2015: Change Summary - CHANGES: INDEX TO CHANGES IN TMEP July 2015Guidance
CHANGES: INDEX TO CHANGES IN TMEP July 2015
Attention is directed to the following changes in the July 2015 TMEP.
| SECTION | CHANGE |
|---|---|
| TMEP | Incorporated final rule issued at 80 FR 33170 and relevant precedential decisions reported prior to July 1, 2015. |
| 707.01 | Miscellaneous stylistic edits. |
| 708.02 | Miscellaneous stylistic edit. |
| 712.01 | Corrected rule citation. |
| 714.05(a)(i) | Updated rule citations. Miscellaneous stylistic edits. |
| 714.06 | Miscellaneous stylistic edit. |
| 718.01 | Miscellaneous stylistic edits. |
| 718.04 | Updated rule citation. |
| 801 | Miscellaneous stylistic changes. |
| 801.01(b) | Updated to include collective membership organization. Added rule citations. Miscellaneous stylistic edits. |
| 804 | Added cross references. Miscellaneous stylistic edits. |
| 804.01 | Added rule citation. |
| 804.01(b) | Revised for consistency with final rule issued at 80 FR 33170. Added rule citation. Miscellaneous stylistic edits. |
| 804.02 | Revised for consistency with final rule issued at 80 FR 33170. Added rule citations and cross references. Miscellaneous stylistic edits. |
| 804.03 | Revised for consistency with final rule issued at 80 FR 33170. Added rule citations and cross references. Miscellaneous stylistic edits. |
| 804.04 | Revised for consistency with final rule issued at 80 FR 33170. Added rule citations. |
| 804.05 | Revised for consistency with final rule issued at 80 FR 33170. Added cross references. Miscellaneous stylistic edits. |
| 805 | Miscellaneous stylistic edits. Added cross references. |
| 806 | Miscellaneous stylistic edits. Added cross references. |
| 806.01(a)-(e) | Revised for consistency with final rule issued at 80 FR 33170. Added cross references. Miscellaneous stylistic edits. |
| 806.02(a) | Miscellaneous stylistic edits. |
| 806.02(b) | Added and updated rule citations. Miscellaneous stylistic edits. |
| 806.02(c) | Miscellaneous stylistic edits. |
| 806.02(f) | Miscellaneous stylistic edits. |
| 806.03(c) | Revised for consistency with final rule issued at 80 FR 33170. Added cross references. Miscellaneous stylistic edits. |
| 806.03(d) | Miscellaneous stylistic edits. |
| 806.03(f) | Revised for consistency with final rule issued at 80 FR 33170. Miscellaneous stylistic edits. |
| 806.03(g) | Miscellaneous stylistic edits. |
| 806.03(h) | Miscellaneous stylistic edits. |
| 806.03(i) | Revised for consistency with final rule issued at 80 FR 33170. Added cross references. |
| 806.03(j)(i)-(iii) | Miscellaneous stylistic edits. |
| 806.03(k) | Miscellaneous stylistic edits. |
| 806.03(l) | Miscellaneous stylistic edits. |
| 806.04 | Miscellaneous stylistic edits. |
| 807 | Miscellaneous stylistic edits. |
| 807.01 | Miscellaneous stylistic edits. |
| 810.01 | Added rule citations. Miscellaneous stylistic edits. |
| 815.02 | Updated rule citations. Added cross references. Miscellaneous stylistic edits. |
| 816.02 | Updated rule citations. |
| 816.04 | Updated rule citations. Miscellaneous stylistic edits. |
| 818 | Added cross references. Miscellaneous stylistic edits. |
| 819.01 | Removed link and added reference to TEAS Plus form. Miscellaneous stylistic edits. |
| 819.01(b)-(e) | Miscellaneous stylistic edits. |
| 819.01(f)(iii)-(iv) | Added rule citations. Miscellaneous stylistic edits. |
| 819.01(g) | Clarified that identification must be taken from manual available through TEAS Plus form. Miscellaneous stylistic edit. |
| 810.01(m) | Miscellaneous stylistic edits. |
| 819.01(n) | Clarified that identification must be taken from manual available through TEAS Plus form. Added cross reference. Miscellaneous stylistic edit. |
| 819.01(o) | Miscellaneous stylistic edits. |
| 819.01(q) | Deleted requirements and added cross reference to TMEP §1207.04(d)(i). Miscellaneous stylistic edits. |
| 819.02(a)-(b) | Miscellaneous stylistic edits. |
| 819.04 | Miscellaneous stylistic edit. |
| 820.04 | Miscellaneous stylistic edit. |
| 901 | Added rule citations and cross references. Miscellaneous stylistic edits. |
| 901.03 | Miscellaneous stylistic edits. |
| 901.04 | Miscellaneous stylistic edits. |
| 902 | Added rule citations and cross references. Miscellaneous stylistic edits. |
| 903 | Added rule citations and cross references. Miscellaneous stylistic edits. |
| 903.01 | Added cross references. Miscellaneous stylistic edit. |
| 903.02 | Added rule citations and cross references. Miscellaneous stylistic edits. |
| 903.03 | Added rule citation and cross reference. Miscellaneous stylistic edits. |
| 903.04 | Added rule citations and cross references. Miscellaneous stylistic edits. |
| 903.05 | Miscellaneous stylistic edits. |
| 903.06 | Miscellaneous stylistic edit. |
| 903.08 | Updated rule citations and added cross reference. Miscellaneous stylistic edits. |
| 904 | Added rule citations and cross references. Miscellaneous stylistic edits. |
| 904.01(b) | Updated rule citations and cross references. Miscellaneous stylistic edits. |
| 904.02(a) | Added rule citation. Miscellaneous stylistic edits. |
| 904.02(b) | Miscellaneous stylistic edits. |
| 904.03 | Updated rule citations. Miscellaneous stylistic edits. |
| 904.03(a)-(e) | Miscellaneous stylistic edits. |
| 904.03(f) | Revised for consistency with final rule issued at 80 FR 33170. Miscellaneous stylistic edits. |
| 904.03(g) | Miscellaneous stylistic edits. |
| 904.03(i) | Miscellaneous stylistic edit. |
| 904.03(i)(C)(2) | Added case name. |
| 904.03(i)(D) | Miscellaneous stylistic edit. |
| 904.04(b)-(c) | Miscellaneous stylistic edits. |
| 904.05 | Updated rule citations. Miscellaneous stylistic edits. |
| 904.06 | Miscellaneous stylistic edits. |
| 904.07(a) | Revised for consistency with final rule issued at 80 FR 33170. Miscellaneous stylistic edits. |
| 904.07(a)(i) | Miscellaneous stylistic edit. |
| 904.07(b) | Revised for consistency with final rule issued at 80 FR 33170. Added statutory citations. Miscellaneous stylistic edits. |
| 906 | Revised for consistency with final rule issued at 80 FR 33170. Miscellaneous stylistic edit. |
| 906.02 | Miscellaneous stylistic edits. |
| 906.04 | Miscellaneous stylistic edits. |
| 907 | Miscellaneous stylistic edits. |
| 1002.01 | Updated case citation. Miscellaneous stylistic edit. |
| 1002.02 | Miscellaneous stylistic edits. |
| 1002.03 | Miscellaneous stylistic edits. |
| 1002.04 | Miscellaneous stylistic edits. |
| 1002.05 | Miscellaneous stylistic edits. |
| 1003 | Revised for consistency with final rule issued at 80 FR 33170. Miscellaneous stylistic edits. |
| 1003.01 | Added rule citation and cross reference. Miscellaneous stylistic edits. |
| 1003.02 | Miscellaneous stylistic edits. |
| 1003.03 | Miscellaneous stylistic edits. |
| 1003.05 | Miscellaneous stylistic edit. |
| 1003.07 | Miscellaneous stylistic edits. |
| 1003.08 | Miscellaneous stylistic edits. |
| 1004 | Revised for consistency with final rule issued at 80 FR 33170. Miscellaneous stylistic edits. |
| 1004.01 | Added rule citation. Miscellaneous stylistic edits. |
| 1004.01(a) | Added statutory citation. Miscellaneous stylistic edits. |
| 1004.02 | Miscellaneous stylistic edits. |
| 1005 | Updated case citation. Miscellaneous stylistic edits. |
| 1006 | Miscellaneous stylistic edits. |
| 1007 | Miscellaneous stylistic edits. Deleted cross reference. |
| 1008 | Revised for consistency with final rule issued at 80 FR 33170. Miscellaneous stylistic edits. |
| 1009 | Miscellaneous stylistic edits. |
| 1010 | Miscellaneous stylistic edits. Added cross reference. |
| 1011.01 | Miscellaneous stylistic edits. |
| 1011.02 | Miscellaneous stylistic edits. |
| 1011.03 | Miscellaneous stylistic edits. |
| 1011.04 | Miscellaneous stylistic edits. |
| 1012 | Added cross reference. Miscellaneous stylistic edits. |
| 1015 | Miscellaneous stylistic edits. Deleted case citation. |
| 1016 | Miscellaneous stylistic edits. |
| 1101 | Revised for consistency with final rule issued at 80 FR 33170. Added rule citations. Miscellaneous stylistic edits. |
| 1102 | Revised for consistency with final rule issued at 80 FR 33170. |
| 1102.01 | Miscellaneous stylistic edits. |
| 1102.03 | Updated rule citations. Miscellaneous stylistic edit. |
| 1103 | Revised for consistency with final rule issued at 80 FR 33170. |
| 1104.01 | Updated rule citations. Miscellaneous stylistic edit. |
| 1104.01(a) | Updated rule citation. |
| 1104.01(b) | Revised for consistency with final rule issued at 80 FR 33170. Updated rule citations. |
| 1104.01(c) | Updated rule citations. |
| 1104.02 | Updated rule citations. Miscellaneous stylistic edits. |
| 1104.03 | Updated rule citation. |
| 1104.03(a) | Revised for consistency with final rule issued at 80 FR 33170. Added rule citation |
| 1104.03(b) | Revised to clarify that USPTO will not review documents filed between approval for publication and issuance of notice of allowance. |
| 1104.03(c) | Miscellaneous stylistic edits. |
| 1104.04 | Update rule citation. |
| 1104.06 | Updated rule citations. |
| 1104.08 | Revised for consistency with final rule issued at 80 FR 33170. Updated rule citations. |
| 1104.09 | Revised for consistency with final rule issued at 80 FR 33170. Updated rule citation. Miscellaneous stylistic edits. |
| 1104.10 | Miscellaneous stylistic edit. |
| 1104.10(b)(ii) | Revised for consistency with final rule issued at 80 FR 33170 |
| 1104.10(b)(iii) | Updated rule citation. Miscellaneous stylistic edits. |
| 1104.10(b)(iii)(A) | New section: Identification of Nature of Collective Membership Organization |
| 1104.10(b)(iv) | Revised for consistency with final rule issued at 80 FR 33170. Updated rule citations. Added cross references. |
| 1104.10(b)(v) | Revised for consistency with final rule issued at 80 FR 33170. Added cross references. |
| 1104.10(b)(vi) | Updated rule citation. |
| 1104.11 | Updated rule citation. Miscellaneous stylistic edits. |
| 1106.01 | Revised for consistency with final rule issued at 80 FR 33170. Updated rule citations. |
| 1107 | Revised for consistency with final rule issued at 80 FR 33170. Updated rule citation. |
| 1108 | Added rule citations. Miscellaneous stylistic edits. |
| 1108.01 | Added and updated rule citations. Miscellaneous stylistic edits. |
| 1108.02 | Revised for consistency with final rule issued at 80 FR 33170. |
| 1108.02(a)-(b) | Revised for consistency with final rule issued at 80 FR 33170. |
| 1108.02(c)-(d) | Miscellaneous stylistic edits. |
| 1108.02(d)(1) | New section: Identification of Collective Membership Organization |
| 1108.02(e) | Revised for consistency with final rule issued at 80 FR 33170. |
| 1108.02(f) | Revised section title: Good Cause Required for Extensions Beyond the First Six-Month Extension – Trademarks and Service Marks. Miscellaneous stylistic edits. Added cross references. |
| 1108.02(g) | New section: Good Cause Required for Extensions Beyond the First Six-Month Extension – Collective Marks |
| 1108.02(h) | New section: Good Cause Required for Extensions Beyond the First Six-Month Extension –Certification Marks |
| 1108.03 | Revised section title: Only One Extension Request May Be Filed with or After a Statement of Use – "Insurance" Extension Request. Miscellaneous stylistic edits. |
| 1108.03(a) | Miscellaneous stylistic edit. |
| 1108.04 | Revised for consistency with final rule issued at 80 FR 33170. Miscellaneous stylistic edits. |
| 1109.01 | Updated rule citations. Miscellaneous stylistic edits. |
| 1109.02 | Updated rule citations. Added rule citations. Miscellaneous stylistic edits. |
| 1109.02(a) | Updated rule citations. |
| 1109.03 | Revised for consistency with final rule issued at 80 FR 33170. Miscellaneous stylistic edits. |
| 1109.04 | Added and updated rule citations. Added statutory citation. Miscellaneous stylistic edit. |
| 1109.05 | Updated rule citations. Miscellaneous stylistic edits. |
| 1109.06 | Revised for consistency with final rule issued at 80 FR 33170. |
| 1109.07 | Revised for consistency with final rule issued at 80 FR 33170. Miscellaneous stylistic edits. |
| 1109.08 | Miscellaneous stylistic edits. |
| 1109.09 | Updated rule citations. Miscellaneous edits. |
| 1109.09(a) | Revised for consistency with final rule issued at 80 FR 33170. |
| 1201 | Revised for consistency with final rule issued at 80 FR 33170. Updated statutory and rules citations. Added cross references. |
| 1201.01 | Updated rule citation and cross references. Miscellaneous stylistic edits. |
| 1201.02(b) | Miscellaneous stylistic edits. |
| 1201.02(c) | Added rule citation. |
| 1202 | Updated cross reference. |
| 1207.01(a)(ii) | Revised section title: Establishing Relatedness of Goods to Services. Added case citation and explanation of procedure when the relatedness of the goods and services is not evident, well known, or generally recognized. |
| 1207.01(d)(vii) | Updated case citation. |
| 1207.04(a) | Updated rule citation. Miscellaneous stylistic edits. |
| 1207.04(b) | Revised for consistency with final rule issued at 80 FR 33170. Miscellaneous stylistic edits. |
| 1207.04(c) | Miscellaneous stylistic edits. |
| 1207.04(d) | Deleted final sentence in first paragraph. Other paragraphs incorporated in new section 1207.04(d)(i). |
| 1207.04(d)(i) | New section: Concurrent Use Application for a Trademark or Service Mark |
| 1207.04(d)(ii) | New section: Concurrent Use Application for a Collective or Certification Mark |
| 1207.04(e)-(e)(i) | Miscellaneous stylistic edits. |
| 1207.04(f) | Updated statutory citation and TMEP cross reference. Added cross references. Miscellaneous stylistic edits. |
| 1207.04(f)(i) | Miscellaneous stylistic edits. |
| 1207.04(g) | Revised for consistency with final rule issued at 80 FR 33170. Added cross references |
| 1207.04(g)(i) | Added cross reference. |
| 1209.01(c)(i) | Added case citation and clarified |
| 1210.02(b) | Added case citation and explanation of procedure when it is not clear on its face that the primary significance of the mark is that of a geographic location. Miscellaneous stylistic edit. |
| 1210.02(b)(i) | Added case citation and explanation of test for generic marks. |
| 1210.03 | Deleted second paragraph – transferred to §1210.02(b). Clarified procedures when it is unclear where the goods/services originate or will originate and misdescriptiveness would not be material to the decision to purchase. Added cross reference. |
| 1210.05(d)(ii) | Clarified procedures when it is unclear where the goods/services originate or will originate and misdescriptiveness would be material to the decision to purchase. Added cross reference. |
| 1210.08(b) | Updated cross references. |
| 1210.09 | Updated cross references. |
| 1212 | Revised for consistency with final rule issued at 80 FR 33170. |
| 1212.01 | Deleted case citation. |
| 1212.02(a)-(c) | Miscellaneous stylistic edits. |
| 1212.02(f)(i) | Revised for consistency with final rule issued at 80 FR 33170. |
| 1212.03 | Revised for consistency with final rule issued at 80 FR 33170. Added cross reference. |
| 1212.04 | Revised for consistency with final rule issued at 80 FR 33170. |
| 1212.04(a) | Revised for consistency with final rule issued at 80 FR 33170. |
| 1212.04(b) | Updated rule citation. Miscellaneous stylistic edits. |
| 1212.04(c) | Revised section title: Goods or Services Must be "Sufficiently Similar." Clarified procedure for determining whether the goods/services are sufficiently similar. Added rule citation. |
| 1212.04(d)-(e) | Revised for consistency with final rule issued at 80 FR 33170. Updated rule citations. |
| 1212.05 | Revised for consistency with final rule issued at 80 FR 33170. Updated rule citations. |
| 1212.05(b) | Revised for consistency with final rule issued at 80 FR 33170. Added statutory and rule citations. |
| 1212.05(d) | Revised for consistency with final rule issued at 80 FR 33170. Added rule citations. |
| 1212.06 | Updated rule citation. Miscellaneous stylistic edit. |
| 1212.06(a) | Miscellaneous stylistic edit. |
| 1212.07 | Revised for consistency with final rule issued at 80 FR 33170. Updated rule citations. |
| 1212.08 | Miscellaneous stylistic edits. |
| 1212.09(a)-(b) | Revised for consistency with final rule issued at 80 FR 33170. |
| 1212.10 | Miscellaneous stylistic edits. |
| 1301.01(a)-(a)(ii) | Miscellaneous stylistic edits. |
| 1301.01(b)-(b)(v) | Miscellaneous stylistic edits. |
| 1301.02 | Miscellaneous stylistic edits. |
| 1301.02(a) | Miscellaneous stylistic edits. |
| 1301.02(b) | Miscellaneous stylistic edits. |
| 1301.02(c) | Miscellaneous stylistic edits. |
| 1301.02(e) | Miscellaneous stylistic edits. |
| 1301.02(f) | Miscellaneous stylistic edits. |
| 1301.04(e) | Miscellaneous stylistic edit. |
| 1301.04(f)(ii) | Miscellaneous stylistic edit. |
| 1301.04(g)(ii) | Updated TMEP cross reference. |
| 1301.04(h)(i) | Miscellaneous stylistic edit. |
| 1301.04(ii) | Corrected section number to 1301.04(j). |
| 1301.05 | Miscellaneous stylistic edits. |
| 1302.01 | Revised section title: Brief History of Collective Marks. Revised text for consistency with final rule issued at 80 FR 33170. |
| 1303 | Revised section title: Collective Trademarks and Collective Service Marks Generally. Revised text for consistency with final rule issued at 80 FR 33170. |
| 1303.01 | Revised section title: Application Requirements for a Collective Trademark or Collective Service Mark. Revised text for consistency with final rule issued at 80 FR 33170. |
| 1303.01(a) | New section: Filing Basis |
| 1303.01(a)(i) | New section: Use in Commerce - §1(a) |
| 1303.01(a)(i)(A) | New section: Manner/Method of Control |
| 1303.01(a)(i)(B) | New section: Dates of Use |
| 1303.01(a)(i)(C) | New section: Specimens |
| 1303.01(a)(ii) | New section: Intent to Use - §1(b) |
| 1303.01(a)(iii) | New section: Foreign Priority - §44(d) |
| 1303.01(a)(iv) | New section: Foreign Registration - §44(e) |
| 1303.01(a)(iv)(A) | New section: Scope of Foreign Registration |
| 1303.01(a)(v) | New section: Extension of Protection of International Registration – §66(a) |
| 1303.01(a)(vi) | New section: Multiple Bases, Amending/Deleting the Basis, Review of Basis Prior to Publication/Issue |
| 1303.01(b) | New section: Verification of Certain Statements |
| 1303.01(b)(i) | New section: Statements Required in Verification of Application for Registration - §1 or §44 Application |
| 1303.01(b)(ii) | New section: Statements Required in Verification of Application for Registration - §66(a) Application |
| 1303.02 | Updated cross references. Miscellaneous stylistic edits. |
| 1303.02(a) | Revised section title: Ownership Considerations. Revised text for consistency with final rule issued at 80 FR 33170. |
| 1303.02(b) | Revised section title: Likelihood of Confusion. Revised text for consistency with final rule issued at 80 FR 33170. |
| 1303.02(c)-(c)(ii) | Deleted sections. |
| 1304.01 | Revised section title: Collective Membership Marks Generally. Revised text for consistency with final rule issued at 80 FR 33170. |
| 1304.02 | Revised section title: Application Requirements for Collective Membership Marks. Revised text for consistency with final rule issued at 80 FR 33170. |
| 1304.02(a) | New section: Filing Basis |
| 1304.02(a)(i) | New section: Use in Commerce - §1(a) |
| 1304.02(a)(i)(A) | New section: Manner/Method of Control |
| 1304.02(a)(i)(B) | New section: Dates of Use |
| 1304.02(a)(i)(C) | New section: Specimens |
| 1304.02(a)(ii) | New section: Intent to Use - §1(b) |
| 1304.02(a)(iii) | New section: Foreign Priority - §44(d) |
| 1304.02(a)(iv) | New section: Foreign Registration - §44(e) |
| 1304.02(a)(iv)(A) | New section: Scope of Foreign Registration |
| 1304.02(a)(v) | New section: Extension of Protection of International Registration – §66(a) |
| 1304.02(a)(vi) | New section: Multiple Bases, Amending/Deleting the Basis, Review of Basis Prior to Publication/Issue |
| 1304.02(b) | New section: Verification of Certain Statements |
| 1304.02(b)(i) | New section: Statements Required in Verification of Application for Registration - §1 or §44 Application |
| 1304.02(b)(ii) | New section: Statements Required in Verification of Application for Registration - §66(a) Application |
| 1304.02(c) | New section: Identification of Nature of Collective Membership Organization |
| 1304.02(d) | New section: Classification |
| 1304.03 | Revised section title: Examination of Collective Membership Mark Applications. Revised text for consistency with final rule issued at 80 FR 33170. |
| 1304.03(a) | New section: Ownership Considerations |
| 1304.03(b) | New section: Specimen Refusals Specific to Collective Membership Marks |
| 1304.03(b)(i) | Renumbered current section 1304.08(a). Updated case parentheticals. Added cross reference. |
| 1304.03(b)(ii) | Renumbered current section 1304.08(a)(i). Revised section title: Degree or Title Designations. Miscellaneous stylistic edits. |
| 1304.03(c) | Renumbered current section 1304.08(b). Deleted case citation. Miscellaneous stylistic edits. |
| 1304.05-1304.08 | Deleted current sections. |
| 1304.08(c)-(f)(iii) | Deleted current sections. |
| 1305 | Miscellaneous stylistic edit. |
| 1306.01 | Revised section title: Types of Certification Marks. Revised text for consistency with final rule issued at 80 FR 33170. |
| 1306.01(a) | Revised section title: Use Is by Person Other than Owner of Certification Mark. Updated cross reference. |
| 1306.01(b) | Incorporated text from current section 1306.01. |
| 1306.01(c) | New section: Identifying Certification Mark Applications |
| 1306.02 | New section: Application Requirements for a Certification Mark |
| 1306.02(a) | New section: Filing Basis (Current section deleted – text incorporated in section 1306.01) |
| 1306.02(a)(i) | New section: Use in Commerce - §1(a) |
| 1306.02(a)(i)(A) | New section: Dates of Use |
| 1306.02(a)(i)(B) | New section: Specimens |
| 1306.02(a)(ii) | New section: Intent to Use - §1(b) |
| 1306.02(a)(iii) | New section: Foreign Priority - §44(d) |
| 1306.02(a)(iv) | New section: Foreign Registration - §44(e) |
| 1306.02(a)(iv)(A) | New section: Scope of Foreign Registration |
| 1306.02(a)(v) | New section: Extension of Protection of International Registration – §66(a) |
| 1306.02(a)(vi) | New section: Multiple Bases, Amending/Deleting the Basis, Review of Basis Prior to Publication/Issue |
| 1306.02(b) | New section: Verification of Certain Statements |
| 1306.02(b)(i) | New section: Statements Required in Verification of Application for Registration - §1 or §44 Application |
| 1306.02(b)(ii) | New section: Statements Required in Verification of Application for Registration - §66(a) Application (Deleted current section.) |
| 1306.02(b)(iii)-(iv) | Current sections deleted. |
| 1306.02(c) | New section: Identification of Goods and Services |
| 1306.02(d) | New section: Classification |
| 1306.02(h) | Deleted current section. |
| 1306.03 | New section title: Special Elements of Certification Mark Applications (Deleted current section 1306.03.) |
| 1306.03(a) | New section: Certification Statement |
| 1306.03(b) | New section: Certification Standards – Required for §1(a) Applications and Allegations of Use Only |
| 1306.03(c) | New section: Statement that Applicant Is Not Engaged in (or Will not Engage in) Production or Marketing of the Goods/Services |
| 1306.04 | New section: Examination of Certification Mark Applications (Deleted current section 1306.04.) |
| 1306.04(a) | New section: Compare the Mark on the Drawing to the Specimen for §1(a) |
| 1306.04(b) | New section: Ownership |
| 1306.04(b)(i) | New section: Exercise of Control |
| 1306.04(b)(ii) | New section: Distinguishing Certification Mark Use from Related-Company Use of Trademark or Service Mark |
| 1306.04(b)(iii) | New section: Patent Licenses |
| 1306.04(c) | New section: Characteristics of Certification Marks – Specimen Shows Mark Functions as a Certification Mark |
| 1306.04(d) | New section title: Specimen Refusals Specific to Certification Marks |
| 1306.04(d)(i) | New section: Whether Certification Mark and Trademark or Service Mark Appear on Specimen Together |
| 1306.04(d)(ii) | New section: Specimen Shows Use as Title or Degree for Certification Mark Certifying that Labor Was Performed by Specific Group or Individual |
| 1306.04(e) | New section: Relationship of §14 (Cancellation) |
| 1306.04(f) | New section: Same Mark Not Registrable as Certification Mark and as Any Other Type of Mark |
| 1306.04(f)(i) | New section: Cancellation of Applicant’s Prior Registration Required by Change from Certification Mark Use to Trademark or Service Mark Use, or Vice Versa |
| 1306.05 | Renumbered current section 1306.02. (Deleted current section 1306.05.) |
| 1306.05(a) | New section title: Geographic Certification Marks – Generally. Updated cross references. (Deleted current section 1306.05(a).) |
| 1306.05(b) | Renumbered current section 1306.02(b). Revised section title: Additional Considerations in Geographic Certification Mark Applications. (Deleted current section 1306.05(b).) |
| 1306.05(b)(i) | Renumbered current section 1306.02(b)(i). Updated cross reference. Revised text for consistency with final rule issued at 80 FR 33170. |
| 1306.05(b)(ii) | Renumbered current section 1306.02(b)(v). First paragraph revised for clarity. |
| 1306.05(b)(iii) | Renumber current section 1306.02(b)(iv). Revised section title: Specimens. Updated and added cross references. |
| 1306.05(c) | Renumber current section 1306.02(c). Miscellaneous stylistic edits. Updated cross reference. |
| 1306.05(d) | Renumbered current section 1306.02(d) |
| 1306.05(e) | Renumbered current section 1306.02(e) |
| 1306.05(f) | Renumbered current section 1306.02(f) |
| 1306.05(g) | Renumbered current section 1306.02(g) |
| 1306.05(g)(i) | Renumbered current section 1306.02(g)(i). Revised section title: Considerations When the Proposed Mark Is a Geographic Certification Mark. Updated cross reference. |
| 1306.05(g)(ii) | Renumbered current section 1306.02(g)(ii). Revised section title: Considerations When the Proposed Mark Contains a Geographic Designation but Is Not a Geographic Certification Mark. |
| 1306.05(h) | Renumbered current section 1306.02(i). |
| 1306.05(i) | Renumbered current section 1306.02(j). |
| 1306.05(j) | Renumbered current section 1306.02(k). Updated cross references. |
| 1306.06 | Renumbered current section 1306.09. (Deleted current section 1306.09.) Miscellaneous stylistic edits. |
| 1306.06(a) | Renumbered current section 1306.09(a). (Deleted current section 1306.06(a).). Miscellaneous stylistic edits. |
| 1306.06(b) | New section: Amendment to Different Type of Mark |
| 1306.06(c) | Renumbered current section 1307. Miscellaneous stylistic edits. |
| 1306.07 | Deleted current section. |
| 1306.08 | Deleted current section. |
| 1306.09(b) | Deleted current section. |
| 1306.09(c) | Deleted current section. |
| 1401.02(a) | Miscellaneous edits for consistency with Nice Classification listings. |
| 1401.03(d) | Miscellaneous stylistic edits. |
| 1401.04(b) | Miscellaneous stylistic edits. Updated cross reference. |
| 1401.05(b) | Clarified that items must be "specially adapted" for use by invalids or handicapped individuals to be classified in Class 10. |
| 1401.07 | Added cross reference. |
| 1401.10(a) | Miscellaneous stylistic edit. |
| 1401.10(b) | Changed "key holder" to "boxes." |
| 1401.11 | Clarified that changes under subsequent versions or editions of the Nice Classification supersede the 10th edition to the extent any inconsistency exists. |
| 1401.11(b) | Miscellaneous stylistic edit. |
| 1402.01(b) | Miscellaneous stylistic edits. Deleted case citation. Updated cross reference. |
| 1402.01(c) | Miscellaneous stylistic edits |
| 1402.01(e) | Miscellaneous stylistic edits |
| 1402.02 | Miscellaneous stylistic edits |
| 1402.03(d) | Revised example for consistency with ID Manual. |
| 1402.04 | Revised to clarify that amendment to an otherwise definite identification may be required in certain circumstances and added reference to intellectual property office of China. Miscellaneous stylistic edits. |
| 1402.06(a) | Deleted example. Miscellaneous stylistic edits. |
| 1402.06(b) | Miscellaneous stylistic edit. |
| 1402.07(b) | Revised to clarify acceptable amendments to the wording "metallic parts." |
| 1402.07(e) | Added and updated rule citations. Updated cross references. Miscellaneous stylistic edits. |
| 1402.11 | Replaced "beauty contest" example with "fashion show services" for consistency with ID Manual. Miscellaneous stylistic edits. |
| 1402.11(a)(i) | Deleted example. |
| 1402.11(a)(ii) | Clarified that "website" is the means for providing information and not itself a classifiable service. |
| 1402.11(a)(iii) | Changed "programming" to "programs" in example. |
| 1402.11(a)(v) | Miscellaneous stylistic edit. |
| 1402.11(a)(vi)-(vii) | Examples revised for consistency with ID Manual. |
| 1402.11(a)(x) | Examples revised for consistency with ID Manual. |
| 1402.11(a)(xi) | Miscellaneous stylistic edits. |
| 1402.11(b) | Miscellaneous stylistic edit. |
| 1402.11(c) | Clarified that classification of lobbying services in Class 35 is U.S. policy. |
| 1402.11(e) | Miscellaneous stylistic edits. |
| 1402.11(f) | Miscellaneous stylistic edits. |
| 1402.11(h) | Changed "Lanham Act" to "Trademark Act." |
| 1403 | Revised for consistency with final rule issued at 80 FR 33170. |
| 1403.01 | Revised for consistency with final rule issued at 80 FR 33170. |
| 1403.02 | Miscellaneous stylistic edits. |
| 1403.02(a) | Revised for consistency with final rule issued at 80 FR 33170. |
| 1403.02(b) | Miscellaneous stylistic edits. |
| 1403.02(c) | Miscellaneous stylistic edits. Updated rule citation. |
| 1403.03 | Revised for consistency with final rule issued at 80 FR 33170. Updated cross reference. |
| 1403.06 | Miscellaneous stylistic edits. |
| 1501 | Miscellaneous stylistic edits. |
| 1501.01 | Miscellaneous stylistic edits. |
| 1501.02(a)-(b) | Miscellaneous stylistic edits. |
| 1501.04 | Miscellaneous stylistic edits. |
| 1501.06 | Miscellaneous stylistic edits. |
| 1503.01 | Miscellaneous stylistic edits. |
| 1503.05 | Revised for consistency with final rule issued at 80 FR 33170.Miscellaneous stylistic edits. |
| 1504.02 | Miscellaneous stylistic edits. |
| 1504.03 | Updated cross reference. Updated to indicate that if it is too late to withdraw application from issuance of a registration, the examining attorney should bring the matter to the attention of the Deputy Commissioner for Trademark Examination Policy. |
| 1504.04 | Updated cross reference. |
| 1504.04(a) | Updated to indicate that request for jurisdiction must be signed by the Deputy Commissioner for Trademark Examination Policy. |
| 1505.01(a) | Miscellaneous stylistic edits. |
| 1505.02(a) | Revised section title: Amendments to the Identification. Deleted wording "of goods/services" within text. |
| 1505.02(b) | Miscellaneous stylistic edits. |
| 1505.02(f) | Miscellaneous stylistic edits. |
| 1505.03(a)-(b) | Revised for consistency with final rule issued at 80 FR 33170. |
| 1506 | Revised for consistency with final rule issued at 80 FR 33170. |
| 1507 | Miscellaneous stylistic edits. |
| 1601 | Revised for consistency with final rule issued at 80 FR 33170. Miscellaneous stylistic edits. |
| 1601.03 | Miscellaneous stylistic edits. |
| 1601.06 | Miscellaneous stylistic edits. |
| 1603.03 | Miscellaneous stylistic edits. |
| 1604.01 | Miscellaneous stylistic edits. |
| 1604.02 | Updated to indicate that a courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark owners who authorize e-mail communication and maintain a current e-mail address with the USPTO. |
| 1604.03 | Miscellaneous stylistic edit. |
| 1604.04 | Miscellaneous stylistic edits. |
| 1604.04(a)-(b) | Miscellaneous stylistic edits. |
| 1604.05 | Revised for consistency with final rule issued at 80 FR 33170. Added cross references. |
| 1604.06(a) | Miscellaneous stylistic edit. |
| 1604.06(c) | Miscellaneous stylistic edit. |
| 1604.07(a) | Added rule citation. |
| 1604.08(b) | Revised for consistency with final rule issued at 80 FR 33170. |
| 1604.08(d) | Added rule citation. |
| 1604.09 | Revised section title: Goods/Services/Classes Set Forth in §8 Affidavit or Declaration |
| 1604.09(a) | Revised section title: Goods/Services/Collective Membership Organization Must Be Specified or Expressly Incorporated by Reference. Revised for consistency with final rule issued at 80 FR 33170. |
| 1604.09(c) | Revised section title: Failure to List All Goods/Services/Collective Membership Organization in Registration. Revised for consistency with final rule issued at 80 FR 33170. |
| 1604.10 | Revised for consistency with final rule issued at 80 FR 33170. Miscellaneous stylistic edits. |
| 1604.11 | Revised for consistency with final rule issued at 80 FR 33170. Miscellaneous stylistic edits. |
| 1604.12(a) | Updated and added rule citations. Added cross references. Miscellaneous stylistic edits. |
| 1604.12(b) | Updated rule citation. Miscellaneous stylistic edit. |
| 1604.13 | Miscellaneous stylistic edits. |
| 1604.15 | Changed "applicant" to "owner." Updated rule citation. |
| 1604.06 | Miscellaneous stylistic edits. |
| 1604.20 | New section: Additional Requirements for §8 Affidavits or Declarations Pertaining to Collective Marks |
| 1604.20(a) | New section: Exercising Legitimate Control |
| 1604.20(b) | Manner/Method of Control |
| 1604.21 | New section: Additional Requirements for §8 Affidavits or Declarations Pertaining to Certification Marks |
| 1604.21(a) | New section: Certification Standards |
| 1604.21(b) | New section: Exercising Legitimate Control |
| 1604.21(c) | New section: Certification Statement |
| 1604.21(d) | New section: Statement that Owner is Not Engaged in Production or Marketing of the Goods/Services |
| 1605 | Added rule citations. |
| 1605.03 | Added rule citation. |
| 1605.04 | Revised for consistency with final rule issued at 80 FR 33170. Added rule citation. |
| 1606.02 | Revised for consistency with final rule issued at 80 FR 33170. |
| 1606.03 | Miscellaneous stylistic edits. |
| 1606.03(a) | Miscellaneous stylistic edit. |
| 1606.05(a) | Miscellaneous stylistic edit. |
| 1606.05(c) | Miscellaneous stylistic edits. |
| 1606.08 | Revised section title: Goods/Services/Classes Set Forth in §9 Renewal Application |
| 1606.08(a) | Revised section title: Listing of Goods/Services/Classes Required Only for Partial Renewal. Revised text for consistency. |
| 1606.08(b) | Revised section title: No Goods/Services/Classes Listed. Revised text for consistency. |
| 1606.08(c) | Revised section title: Some Goods/Services/Classes Listed. Revised text for consistency. |
| 1606.08(d) | Revised section title: Goods/Services/Classes Not Listed in Registration May Not Be Listed in Renewal Application. Revised text for consistency. |
| 1609.01(b) | Added rule citation. |
| 1609.02(a) | Miscellaneous stylistic edits. |
| 1609.02(c) | Revised for consistency with final rule issued at 80 FR 33170. Added rule citation. Added cross references. |
| 1609.02(d) | Updated rule citation. |
| 1609.02(d) | Added rule citations. |
| 1609.02(f) | Updated and added rule citations. |
| 1609.03 | Revised section title: Amendment of Identification. Revised for consistency with final rule issued at 80 FR 33170. Miscellaneous stylistic edits. |
| 1609.04 | Added rule citation. Miscellaneous stylistic edits. |
| 1609.05 | Changed title: Disclaimer of Mark and Claim of Acquired Distinctiveness. Revised to clarify that an amendment seeking the addition or deletion of a §2(f) claim will not be permitted. |
| 1609.10(b) | Added rule citation. |
| 1609.11 | Miscellaneous stylistic edits. |
| 1609.12 | New section: Amendment of Certification Statement for Certification Marks |
| 1613.02 | Updated to indicate that a courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark owners who authorize e-mail communication and maintain a current e-mail address with the USPTO. |
| 1613.04 | Updated and added rule citations. Miscellaneous stylistic edits. |
| 1613.05 | Revised for consistency with final rule issued at 80 FR 33170. |
| 1613.06(a) | Miscellaneous stylistic edit. |
| 1613.06(c) | Revised to clarify procedure when fee submitted is insufficient to cover all the classes. |
| 1613.07(a) | Added rule citations. Miscellaneous stylistic edits. |
| 1613.08(a) | Added rule citation. |
| 1613.08(b) | Revised for consistency with final rule issued at 80 FR 33170. |
| 1613.08(d) | Added rule citation. |
| 1613.09 | Revised section title: Goods Services/Classes Set Forth in §71 Affidavit or Declaration |
| 1613.09(a) | Revised section title: Goods/Services/Collective Membership Organization Must Be Specified or Expressly Incorporated by Reference. Revised text for consistency. |
| 1613.09(b) | Revised section title: Deletion of Goods/Services/Classes. Revised text for consistency. |
| 1613.09(c) | Revised section title: Failure to List All Goods/Services/Collective Membership Organization in Registration. Revised text for consistency. |
| 1613.10 | Revised for consistency with final rule issued at 80 FR 33170. |
| 1613.11 | Revised for consistency with final rule issued at 80 FR 33170. Miscellaneous stylistic edits. |
| 1613.12(a) | Revised for consistency with final rule issued at 80 FR 33170. Added rule citations and cross references. Miscellaneous stylistic edits. |
| 1613.12(b) | Added rule citation. Miscellaneous stylistic edit. |
| 1613.15 | Corrected rule citation. |
| 1613.20 | New section: Additional Requirements for §71 Affidavits or Declarations Pertaining to Collective Marks |
| 1613.20(a) | New section: Exercising Legitimate Control |
| 1613.20(b) | New section: Manner/Method of Control |
| 1613.21 | New section: Additional Requirements for §71 Affidavits or Declarations Pertaining to Certification Marks |
| 1613.21(a) | New section: Certification Standards |
| 1613.21(b) | New section: Exercising Legitimate Control |
| 1613.21(c) | New section: Certification Statement |
| 1613.21(d) | New section: Statement that Holder is Not Engaged in Production or Marketing of the Goods/Services |
| 1615 | Miscellaneous stylistic edit. |
| 1615.01 | Miscellaneous stylistic edits. |
| 1615.02 | Miscellaneous stylistic edits. |
| 1702 | Revised for consistency with final rule issued at 80 FR 33170. |
| 1703 | Added rule citation and cross reference. |
| 1704 | Added rule citation. |
| 1705.04 | Clarified deadline for petition to reinstate a cancelled/expired registration. Miscellaneous stylistic edits. |
| 1707 | Clarified case parenthetical. |
| 1712.02(b) | Added rule citation. |
| 1714.01(f)(i) | Clarified that verified statement may be signed by applicant or person properly authorized to sign on behalf of applicant. Added cross reference. |
| 1714.01(f)(ii)(B) | Updated rule citations. |
| 1714.01(f)(ii)(C) | Updated rule citations |
| 1902.02(g)(ii) | Updated cross reference. |
| 1904.01(a)q | Added rule citations. Miscellaneous stylistic edits. |
| 1904.01(c) | Revised for consistency with final rule issued at 80 FR 33170. Added rule citations and cross references. Miscellaneous stylistic edits. |
| 1904.01(d) | Miscellaneous stylistic edits. |
| 1904.01(e) | Miscellaneous stylistic edits. |
| 1904.01(h) | Revised section title: May Not be Based on USPTO Basic Application or Registration. Revised text for consistency. |
| 1904.02(a) | Updated statutory citation. Added rule citation and cross reference. |
| 1904.02(b) | Clarified prohibition against changing classification. |
| 1904.02(c) | Added rule citation and cross references. Miscellaneous stylistic edits. |
| 1904.02(d) | Revised section title: Examination Issues Specific to Certification and Collective Marks. Revised for consistency with final rule issued at 80 FR 33170. |
| 1904.02(j) | Revised section title: Mark May Not Be Amended |
| 1904.02(j) | Miscellaneous stylistic edits. |
| 1904.05 | Miscellaneous stylistic edits. |
| 1904.10 | Added rule citation. |
| 1904.11 | Revised for consistency with final rule issued at 80 FR 33170. |
| 1904.12 | Revised for consistency with final rule issued at 80 FR 33170. Miscellaneous stylistic edits. |
| 1904.13(a) | Miscellaneous stylistic edits. |
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