Requirements for Specimens and for Affidavits or Declarations of Continued Use or Excusable Nonuse in Trademark Cases:

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Federal Register Volume 76, Number 175 (Friday, September 9, 2011)

Proposed Rules

Pages 55841-55842

From the Federal Register Online via the Government Printing Office [www.gpo.gov]

FR Doc No: 2011-23129

DEPARTMENT OF COMMERCE

Patent and Trademark Office 37 CFR Parts 2 and 7

Docket No. PTO-T-2010-0073

RIN 0651-AC49

Extension of Comment Period for Notice of Proposed Rulemaking on

Changes in Requirements for Specimens and for Affidavits or

Declarations of Continued Use or Excusable Nonuse in Trademark Cases

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice of extension of public comment period.

SUMMARY: The United States Patent and Trademark Office (``USPTO'') is extending until September 23, 2011, the period for public comment on the proposal to revise the Trademark Rules of Practice and the Rules of

Practice for Filings Pursuant to the Madrid Protocol to permit the

USPTO to require: any information, exhibits, and affidavits or declarations deemed reasonably necessary to examine an affidavit or declaration of continued use or excusable nonuse in trademark cases, or for the USPTO to assess the accuracy and integrity of the register; and upon request, more than one specimen in connection with a use-based trademark application, an allegation of use, an amendment to a registered mark, or an affidavit or declaration of continued use in trademark cases.

DATES: Comments must be received by September 23, 2011, to ensure full consideration.

ADDRESSES: The USPTO prefers that comments be submitted via electronic mail message to TMFRNotices@uspto.gov. Written comments may also be submitted by mail to Commissioner for Trademarks, P.O. Box 1451,

Alexandria, VA 22313-1451, attention Cynthia C. Lynch; by hand-delivery to the Trademark Assistance Center, Concourse Level, James Madison

Building-East Wing, 600 Dulany Street, Alexandria, Virginia, attention

Cynthia C. Lynch; or by electronic mail message via the Federal eRulemaking Portal. See the Federal eRulemaking Portal Web site (http://www.regulations.gov) for additional instructions on providing comments via the Federal eRulemaking Portal. The comments will be available for public inspection on the USPTO's Web site at http://www.uspto.gov, and will also be available at the Office of the Commissioner for

Trademarks, Madison East, Tenth Floor, 600 Dulany Street, Alexandria,

Virginia. Because comments will be available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments.

SUPPLEMENTARY INFORMATION: On July 12, 2011, the USPTO published a notice of proposed rulemaking to revise the Trademark Rules of Practice

(37 CFR part 2) and the Rules of Practice for Filings Pursuant to the

Madrid Protocol (``Madrid Rules'') (37 CFR part 7) to provide for the

USPTO to require: (1) Any information, exhibits, and affidavits or declarations deemed reasonably necessary to examine a post registration affidavit or declaration of continued use in trademark cases, or for the USPTO to assess the accuracy and integrity of the register; and (2) upon request, more than one specimen in connection with a use-based trademark application, an allegation of use, an amendment to a registered mark, or an affidavit or declaration of continued use in trademark cases (76 FR 40839 (July 12, 2011)). The notice invited the public to submit written comments on the proposed rules on or before

September

Page 55842

12, 2011. The USPTO is now extending the period for submission of public comments until September 23, 2011.

Dated: September 6, 2011.

David J. Kappos,

Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

FR Doc. 2011-23129 Filed 9-8-11; 8:45 am

BILLING CODE 3510-16-P

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