[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Rules and Regulations]
[Page 10273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02796]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 2 and 7
[Docket No. PTO-T-2016-0002]
RIN 0651-AD07
Changes in Requirements for Affidavits or Declarations of Use,
Continued Use, or Excusable Nonuse in Trademark Cases
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule; delay of effective date.
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SUMMARY: In accordance with the memorandum of January 20, 2017, from
the Assistant to the President and Chief of Staff, entitled
``Regulatory Freeze Pending Review,'' this action delays for 60 days
the effective date of the final rule entitled ``Changes in Requirements
for Affidavits or Declarations of Use, Continued Use, or Excusable
Nonuse in Trademark Cases,'' published in the Federal Register on
January 19, 2017. The 60-day delay in effective date is necessary to
give agency officials the opportunity for further review of the issues
of law and policy raised by this rule.
DATES: The effective date of FR Doc. 2017-00317, published in the
Federal Register on January 19, 2017 (82 FR 6259), is delayed until
March 21, 2017.
FOR FURTHER INFORMATION CONTACT: Catherine Cain, Office of the Deputy
Commissioner for Trademark Examination Policy, by email at
[email protected], or by telephone at (571) 272-8946.
SUPPLEMENTARY INFORMATION: On January 19, 2017, the United States
Patent and Trademark Office (USPTO or Office) published in the Federal
Register a final rule entitled ``Changes in Requirements for Affidavits
or Declarations of Use, Continued Use, or Excusable Nonuse in Trademark
Cases.'' In that action, the USPTO amended its rules concerning the
examination of affidavits or declarations of continued use or excusable
nonuse filed pursuant to section 8 of the Trademark Act, or affidavits
or declarations of use in commerce or excusable nonuse filed pursuant
to section 71 of the Act, to allow the USPTO to require additional
proof of use to verify the accuracy of claims that a trademark is in
use in commerce in connection with particular goods/services identified
in the registration.
In accordance with the memorandum of January 20, 2017, from the
Assistant to the President and Chief of Staff, entitled ``Regulatory
Freeze Pending Review,'' this action delays the effective date of that
final rule 60 days from the date of the January 20, 2017 memo. The
effective date of the January 19, 2017 final rule, which would have
been February 17, 2017, is now March 21, 2017. The 60-day delay in the
effective date is necessary to give agency officials the opportunity
for further review of the issues of law and policy raised by the rule.
Rulemaking Requirements
Administrative Procedure Act: The Director of the USPTO finds good
cause under 5 U.S.C. 553(b)(B) and (d)(3) to waive the notice and
comment procedure and the 30-day delay in the effective date because it
is impracticable and contrary to the public interest. A delay in
effective date is necessary to give agency officials the opportunity
for further review of the issues of law and policies raised by the rule
before the final rule becomes effective on February 17, 2017. If this
rule was delayed to provide for the procedural requirements under 5
U.S.C. 553, the final rule published on January 19, 2017 would be
allowed to go into effect, thus negating the objectives of the
memorandum of January 20, 2017, from the Assistant to the President and
Chief of Staff. Therefore, we find there is good cause to waive notice
and comment procedures and the 30-day delay in effective date for this
rule.
Dated: February 6, 2017.
Michelle K. Lee,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2017-02796 Filed 2-9-17; 8:45 am]
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