[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Rules and Regulations]
[Page 1559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00428]



[[Page 1559]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

37 CFR Part 2

[Docket No. PTO-T-2017-0054]
RIN 0651-AD29


Changes in Requirements for Collective Trademarks and Service 
Marks, Collective Membership Marks, and Certification Marks; Correction

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: The United States Patent and Trademark Office published in the 
Federal Register on June 11, 2015 a final rule, which became effective 
on July 11, 2015, revising the Trademark Rules of Practice. This 
document reinstates three paragraphs, which were inadvertently deleted 
as a result of an error in the amendatory instructions.

DATES: This rule is effective January 12, 2018.

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: The USPTO issues this final rule to correct 
an inadvertent error in Sec.  2.193(e)(1) of its June 11, 2015 final 
rule revising the Trademark Rules of Practice (80 FR 33170) (published 
under RIN 0651-AC89).
    The June 11, 2015 final rule amended the introductory text of Sec.  
2.193(e)(1) to correspond with new Sec.  2.2(n). However, the 
amendatory instruction inadvertently instructed that Sec.  
2.193(e)(1)(i)-(iii) be deleted. This correction revises the amendatory 
instruction and thereby reinstates paragraphs (i)-(iii).
    This rule is issued without prior notice and opportunity for 
comment as this correction is procedural/interpretative in nature, and 
is being implemented to avoid inconsistencies and confusion with the 
rule issued on June 11, 2015. Additionally, as this correction rule is 
nonsubstantive, it is effective immediately upon publication.

Rulemaking Requirements

    Executive Order 12866 (Regulatory Planning and Review): This 
rulemaking has been determined to be not significant for purposes of 
Executive Order 12866.
    Executive Order 13771 (Reducing Regulation and Controlling 
Regulatory Costs): This rule is not an Executive Order 13771 regulatory 
action because this rule is not significant under Executive Order 
12866.

List of Subjects in 37 CFR Part 2

    Administrative practice and procedure, Trademarks.

    For the reasons stated in the preamble and under the authority 
contained in 15 U.S.C. 1123 and 35 U.S.C. 2, as amended, the Office 
amends part 2 of title 37 as follows:

PART 2--RULES OF PRACTICE IN TRADEMARK CASES

0
1. The authority citation for 37 CFR part 2 continues to read as 
follows:

    Authority:  15 U.S.C. 1113, 15 U.S.C. 1123, 35 U.S.C. 2, Section 
10(c) of Pub. L. 112-29, unless otherwise noted.


0
2. In Sec.  2.193, revise paragraph (e)(1) to read as follows:


Sec.  2.193  Trademark correspondence and signature requirements.

* * * * *
    (e) * * *
    (1) Verified statement of facts. A verified statement in support of 
an application for registration, amendment to an application for 
registration, allegation of use under Sec.  [thinsp]2.76 or Sec.  
[thinsp]2.88, request for extension of time to file a statement of use 
under Sec.  [thinsp]2.89, or an affidavit under section 8, 12(c), 15, 
or 71 of the Act must satisfy the requirements of Sec.  [thinsp]2.2(n), 
and be signed by the owner or a person properly authorized to sign on 
behalf of the owner. A person who is properly authorized to verify 
facts on behalf of an owner is:
    (i) A person with legal authority to bind the owner (e.g., a 
corporate officer or general partner of a partnership);
    (ii) A person with firsthand knowledge of the facts and actual or 
implied authority to act on behalf of the owner; or
    (iii) An attorney as defined in Sec.  11.1 of this chapter who has 
an actual written or verbal power of attorney or an implied power of 
attorney from the owner.
* * * * *


    Dated: January 8, 2018.
Joseph D. Matal,
Associate Solicitor Performing the Functions and Duties of the Under 
Secretary of Commerce for Intellectual Property and Director of the 
United States Patent and Trademark Office.
[FR Doc. 2018-00428 Filed 1-11-18; 8:45 am]
BILLING CODE 3510-16-P