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23 June 2016Trademarks

USPTO issues notice for rulemaking in trademark cases

The US Patent and Trademark Office (USPTO) has issued a notice of proposed rulemaking for trademark cases in the Federal Register.

Yesterday, June 22, the USPTO issued a notice of proposed rulemaking called “Changes in Requirements for Affidavits or Declarations of Use, Continued Use, or Excusable Nonuse in Trademark Cases”.

It was  published in the Federal Register and public comments are due by August 22.

The USPTO proposes to revise rules in parts two and seven of title 37 the Code of Federal Regulations which centre on the examination of affidavits or declarations of continued use of a trademark.

Under the new rules the USPTO will allow additional specimens of use as may be reasonably necessary to verify the accuracy of claims that a trademark is in use.

Parties would be required to submit information, exhibits, affidavits or declarations and any other information which the USPTO may need in order to verify the accuracy of claims that a trademark is in use with the goods or services listed in the registration.

The proposed changes have an aim of benefiting the public by helping the USPTO promote the integrity of the trademark register by encouraging accuracy in the listing of goods or services.

The rules also facilitate the cancellation of registrations by the USPTO that are no longer in use.

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