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![handle is hein.intprop/uspagaz0663 and id is 1 raw text is: OFFICIAL GAZETTE
March 6, 1962
+ UNITED STATES PATENT OFFICE
Volume 776
Number 1
PATENTS
NOTICES
TITLE 37-PATENTS, TRADEMARKS, AND
COPYRIGHTS
Chapter 1-Patent Office, Department of Commerce
PART 2.-RULES OF PRACTICE IN TRADEMARK CASES
NOTICE OF PROPOSED RULE MAKING
Notice is hereby given that the United States Patent Office
proposes to amend certain rules and regulations relating to
trademarks. The amendments are proposed to be issued pur-
suant to the authority contained in Title 15, U.S. Code, sec-
tion 1123, Title 35, U.S. Code, section 6, and other authority.
All persons who desire to submit written data, views, argu-
ments or suggestions, for consideration in connection with
the proposed amendments, are invited to forward the same to
the Commissioner of Patents, Washington 25, D.C., on or
before April 23, 1962, on which day a hearing will be held
at 10: 00 a.m. in Room 3886-B of the Department of Com-
merce Building. All persons wishing to be heard orally are
requested to notify the Commissioner of Patents of their
intended appearance.
The text of the proposed amendments follows:
1. Section 2.39 is proposed to be amended to read as fol-
lows:
2.39 Omission of allegation of use by foreign applicants.
(a) The allegation that the mark is in use in commerce,
required by § 2.33, and the statements of the dates of appli-
cant's first use, required by § 2.33(a) (1) (vii) and (viii),
may be omitted in the case of an application, filed pursuant
to section 44(e) of the act 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
certificate of the trademark office of the foreign country
showing that the mark has been registered in the country of
origin of the applicant and also showing the mark, the goods
for which registered and that said registration is. then in
full force and effect. If the certificate is not in the English
language, a translation is required.
2. Section 2.96 is proposed to be amended to read as fol-
lows:
§ 2.96 Issues; burden of proof.
The issue in an interference between applications shall be
the respective rights of the parties to registration as estab-
lished in.-the proceeding. The issue in an interference be-
tween an application and a registration shall be the same,
but in the event the decision is adverse to the registrant, a
registration to the applicant will not be authorized so long as
the interfering registration remains on the register. The
party whose application or registration involved in the inter-
ference has the latest filing date (the junior party) will be
regarded as having the burden of the proof.
3. Section 2.97 is proposed to be amended to read as fol-
lows :
1 2.97 Enlargement of issues.
Any party to an interference may, within fifty days after
the notice of interference is mailed, file a pleading setting
forth affirmatively any matter on the basis of which, If
proved, the other party would not be entitled to obtain or
maintain a registration. Such pleading may request affirma-
tive relief by way of cancellation of a registration involved,
but no defense attacking the validity of such registration
may be otherwise raised in the proceeding. Such request for
affirmative relief must be verified and must be accompanied
by the fee required by section 14 of the act. A reply to such
request for affirmative relief is required within twenty days
after service thereof, but no reply need be filed to other
affirmative defenses.
1 2.106 [Amendment]
4. Paragraph (b) of § 2.106 is proposed to be amended to
read as follows :
(b) An answer may contain any affirmative defense, in-
cluding a request for affirmative relief by way of cancellation
of a registration pleaded in the notice of opposition, but no
defense attacking the validity of such registration may be
otherwise raised in the proceeding. Such request for affirma-
tive relief must be verified and must be accompanied by the
fee required by section 14 of the act. A reply to such a
request for affirmative relief is required within twenty days
after service thereof, but no reply need be filed to other
affirmative defenses.
§ 2.113 [Amendment]
5. Paragraph (b) of j 2.113 is proposed to be amended to
read as follows :
(b) When the petition is correct as to form, a notice shall
be prepared identifying the title and number of the proceed-
ing and the registration involved, and designating a time, not
less than thirty days from the mailing date of such notice,
within which answer must be filed. A copy of this notice
shall be forwarded to the petitioner in care of his attorney
or agent, if he has an attorney or agent of record. The dupli-
cate copy of the petition and'exhibits shall be forwarded with
a copy of such notice to the registrant.
§ 2.114 [Amendment]
6. Paragraph (b) of j 2.114 is proposed to be amended to
read as follows:
(b) An answer may contain any affirmative defense, in-
cluding a request for affirmative relief by way of cancellation
of a registration pleaded in the petition, but no defense
attacking the validity of such registration may be otherwise
raised in the proceeding. Such request for affirmative relief
must be verified and must be accompanied by the fee required
by section 14 of the act. A reply to such a request for
affirmative relief is required within twenty days after service
thereof, but no reply need be filed to other affirmative de-
fenses.
New Applications Received During Janudry 1962
Patents --------------------------------------- 6,927
Designs ---------------------------------------475
Plant Patents ---------------------------------18
Reissues --------------------------------------- 22
Total -----------------------------------7,442
Issue
Patents ---- 1052-No. 3,023,412 to No. 3,024,463, incl.
Designs ------ 28-No. 192,314 to No. 192,341, incl.
Reissues ----- 2-No. 25,131 to No. 25,132, incl.
Total ---- 1082](ViewImageLocal?handle=hein.intprop/uspagaz0663&div=1&collection=&method=preview&ext=.png&size=3)