[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Proposed Rules]
[Pages 55841-55842]
From the Federal Register Online via the Government Publishing 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 [email protected]. 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