U.S. Code of Federal Regulations

Regulations most recently checked for updates: Aug 27, 2025

All TitlesTitle 37Chapter IPart 2 - PART 2—RULES OF PRACTICE IN TRADEMARK CASES

REPRESENTATION BY ATTORNEYS OR OTHER AUTHORIZED PERSONS
§ 2.11 - Requirement for representation.
§§ 2.12-2.16 - §[Reserved]
§ 2.17 - Recognition for representation.
§ 2.18 - Correspondence, with whom held.
§ 2.19 - Revocation or withdrawal of attorney.
§ 2.1 - [Reserved]
§ 2.2 - Definitions.
§ 2.6 - Trademark fees.
§ 2.7 - Fastener recordal fees.

DECLARATIONS
§ 2.20 - Declarations in lieu of oaths.

APPLICATION FOR REGISTRATION
§ 2.21 - Requirements for receiving a filing date.
§ 2.22 - Requirements for a base application.
§ 2.23 - Requirement to correspond electronically with the Office and duty to monitor status.
§ 2.24 - Designation and revocation of domestic representative by foreign applicant.
§ 2.25 - Documents not returnable.
§ 2.27 - Pending trademark application index; access to applications.

THE WRITTEN APPLICATION
§ 2.31 - [Reserved]
§ 2.32 - Requirements for a complete trademark or service mark application.
§ 2.33 - Verified statement for a trademark or service mark.
§ 2.34 - Bases for filing a trademark or service mark application.
§ 2.35 - Adding, deleting, or substituting bases.
§ 2.36 - Identification of prior registrations.
§ 2.37 - Description of mark.
§ 2.38 - Use by predecessor or by related companies.
§ 2.39 - [Reserved]
§ 2.41 - Proof of distinctiveness under section 2(f).
§ 2.42 - Concurrent use.
§ 2.43 - Service mark.
§ 2.44 - Requirements for a complete collective mark application.
§ 2.45 - Requirements for a complete certification mark application; restriction on certification mark application.
§ 2.46 - Principal Register.
§ 2.47 - Supplemental Register.
§ 2.48 - Office does not issue duplicate registrations.

DRAWING
§ 2.51 - Drawing required.
§ 2.52 - Types of drawings and format for drawings.
§ 2.53 - Requirements for drawings filed through the TEAS.
§ 2.54 - Requirements for drawings submitted on paper.
§ 2.56 - Specimens.
§§ 2.57-2.58 - §[Reserved]
§ 2.59 - Filing substitute specimen(s).

EXAMINATION OF APPLICATION AND ACTION BY APPLICANTS
§ 2.61 - Action by examiner.
§ 2.62 - Procedure for submitting response.
§ 2.63 - Action after response.
§ 2.64 - Reinstatement of applications and registrations abandoned, cancelled, or expired due to Office error.
§ 2.65 - Abandonment.
§ 2.66 - Revival of applications abandoned in full or in part due to unintentional delay.
§ 2.67 - Suspension of action by the Patent and Trademark Office.
§ 2.68 - Express abandonment (withdrawal) of application.
§ 2.69 - Compliance with other laws.

AMENDMENT OF APPLICATION
§ 2.71 - Amendments to correct informalities.
§ 2.72 - Amendments to description or drawing of the mark.
§ 2.73 - Amendment to recite concurrent use.
§ 2.74 - Form and signature of amendment.
§ 2.75 - Amendment to change application to different register.
§ 2.76 - Amendment to allege use.
§ 2.77 - Amendments between notice of allowance and statement of use.

PUBLICATION AND POST PUBLICATION
§ 2.80 - Publication for opposition.
§ 2.81 - Post publication.
§ 2.82 - Marks on Supplemental Register published only upon registration.
§ 2.83 - Conflicting marks.
§ 2.84 - Jurisdiction over published applications.

CLASSIFICATION
§ 2.85 - Classification schedules.
§ 2.86 - Multiple-class applications.
§ 2.87 - Dividing an application.

POST NOTICE OF ALLOWANCE
§ 2.88 - Statement of use after notice of allowance.
§ 2.89 - Extensions of time for filing a statement of use.

EX PARTE EXPUNGEMENT AND REEXAMINATION
§ 2.91 - Petition for expungement or reexamination.
§ 2.92 - Institution of ex parte expungement and reexamination proceedings.
§ 2.93 - Expungement and reexamination procedures.
§ 2.94 - Action after expungement or reexamination.
§§ 2.95-2.98 - §[Reserved]

CONCURRENT USE PROCEEDINGS
§ 2.99 - Application to register as concurrent user.

OPPOSITION
§ 2.101 - Filing an opposition.
§ 2.102 - Extension of time for filing an opposition.
§ 2.103 - [Reserved]
§ 2.104 - Contents of opposition.
§ 2.105 - Notification to parties of opposition proceeding(s).
§ 2.106 - Answer.
§ 2.107 - Amendment of pleadings in an opposition proceeding.

CANCELLATION PROCEEDINGS BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
§ 2.111 - Filing petition for cancellation.
§ 2.112 - Contents of petition for cancellation.
§ 2.113 - Notification of cancellation proceeding.
§ 2.114 - Answer.
§ 2.115 - Amendment of pleadings in a cancellation proceeding.

PROCEDURE IN INTER PARTES PROCEEDINGS
§ 2.131 - Remand after decision in inter partes proceeding.
§ 2.132 - Involuntary dismissal for failure to take testimony.
§ 2.133 - Amendment of application or registration during proceedings.
§ 2.134 - Surrender or voluntary cancellation of registration.
§ 2.135 - Abandonment of application or mark.
§ 2.136 - Status of application or registration on termination of proceeding.
§ 2.116 - Federal Rules of Civil Procedure.
§ 2.117 - Suspension of proceedings.
§ 2.118 - Undelivered Office notices.
§ 2.119 - Service and signing.
§ 2.120 - Discovery.
§ 2.121 - Assignment of times for taking testimony and presenting evidence.
§ 2.122 - Matters in evidence.
§ 2.123 - Trial testimony in inter partes cases.
§ 2.124 - Depositions upon written questions.
§ 2.125 - Filing and service of testimony.
§ 2.126 - Form of submissions to the Trademark Trial and Appeal Board.
§ 2.127 - Motions.
§ 2.128 - Briefs at final hearing.
§ 2.129 - Oral argument; reconsideration.
§ 2.130 - New matter suggested by the trademark examining attorney.

APPEALS
§ 2.141 - Ex parte appeals.
§ 2.142 - Time and manner of ex parte appeals.
§ 2.143 - [Reserved]
§ 2.144 - Reconsideration of decision on ex parte appeal.
§ 2.145 - Appeal to court and civil action.

PETITIONS AND ACTION BY THE DIRECTOR
§ 2.146 - Petitions to the Director.
§ 2.147 - Petition to the Director to accept a paper submission.
§ 2.148 - Director may suspend certain rules.
§ 2.149 - Letters of protest against pending applications.

CERTIFICATE
§ 2.151 - Certificate.

PUBLICATION OF MARKS REGISTERED UNDER 1905 ACT
§ 2.153 - Publication requirements.
§ 2.154 - Publication in Official Gazette.
§ 2.155 - Notice of publication.
§ 2.156 - Not subject to opposition; subject to cancellation.

REREGISTRATION OF MARKS REGISTERED UNDER PRIOR ACTS
§ 2.158 - Reregistration of marks registered under Acts of 1881, 1905, and 1920.

CANCELLATION FOR FAILURE TO FILE AFFIDAVIT OR DECLARATION
§ 2.160 - Affidavit or declaration of continued use or excusable nonuse required to avoid cancellation of registration.
§ 2.161 - Requirements for a complete affidavit or declaration of use in commerce or excusable nonuse; requirement for the submission of additional information, exhibits, affidavits or declarations, and specimens; and fee for deletions of goods, services, and/or classes from a registration.
§ 2.162 - Notice to registrant.
§ 2.163 - Acknowledgment of receipt of affidavit or declaration.
§ 2.164 - Correcting deficiencies in affidavit or declaration.
§ 2.165 - Petition to Director to review refusal.
§ 2.166 - Affidavit of continued use or excusable nonuse combined with renewal application.

AFFIDAVIT OR DECLARATION UNDER SECTION 15
§ 2.167 - Affidavit or declaration under section 15.
§ 2.168 - Affidavit or declaration under section 15 combined with affidavit or declaration under sections 8 or 71, or with renewal application.

CORRECTION, DISCLAIMER, SURRENDER, ETC.
§ 2.171 - New certificate on change of ownership.
§ 2.172 - Surrender for cancellation.
§ 2.173 - Amendment of registration.
§ 2.174 - Correction of Office mistake.
§ 2.175 - Correction of mistake by owner.
§ 2.176 - Consideration of above matters.

COURT ORDERS UNDER SECTION 37
§ 2.177 - Action on court order under section 37.

TERM AND RENEWAL
§ 2.181 - Term of original registrations and renewals.
§ 2.182 - Time for filing renewal application.
§ 2.183 - Requirements for a complete renewal application.
§ 2.184 - Refusal of renewal.
§ 2.185 - Correcting deficiencies in renewal application.
§ 2.186 - Petition to Director to review refusal of renewal.

GENERAL INFORMATION AND CORRESPONDENCE IN TRADEMARK CASES
§§ 2.188 - §[Reserved]
§ 2.189 - Requirement to provide domicile address.
§ 2.190 - Addresses for trademark correspondence with the United States Patent and Trademark Office.
§ 2.191 - Action of the Office based on the written record.
§ 2.192 - Business to be conducted with decorum and courtesy.
§ 2.193 - Trademark correspondence and signature requirements.
§ 2.194 - Identification of trademark application or registration.
§ 2.195 - Filing date of trademark correspondence.
§ 2.196 - Times for taking action: Expiration on Saturday, Sunday or Federal holiday.
§ 2.197 - Certificate of mailing.
§ 2.198 - Filing of correspondence by Priority Mail Express®.

TRADEMARK RECORDS AND FILES OF THE PATENT AND TRADEMARK OFFICE
§ 2.200 - Assignment records open to public inspection.
§ 2.201 - Copies and certified copies.

FEES AND PAYMENT OF MONEY IN TRADEMARK CASES
§ 2.206 - Trademark fees payable in advance.
§ 2.207 - Methods of payment.
§ 2.208 - Deposit accounts.
§ 2.209 - Refunds.
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