[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)]
[Rules and Regulations]
[Pages 52363-52364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21178]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 2 and 7
[Docket No. PTO-T-2017-0004]
RIN 0651-AD15
Changes to the Trademark Rules of Practice To Mandate Electronic
Filing
AGENCY: Patent and Trademark Office, Commerce.
ACTION: Final rule, delay of effective date.
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SUMMARY: On July 31, 2019, the United States Patent and Trademark
Office published in the Federal Register a final rule amending the
Rules of Practice in
[[Page 52364]]
Trademark Cases and the Rules of Practice in Filings Pursuant to the
Protocol Relating to the Madrid Agreement Concerning the International
Registration of Marks. That final rule had an effective date of October
5, 2019. This action changes the effective date to December 21, 2019.
DATES: The effective date of the final rule published on July 31, 2019
(84 FR 37081) is delayed from October 5, 2019 to December 21, 2019.
FOR FURTHER INFORMATION CONTACT: Catherine Cain, Office of the Deputy
Commissioner for Trademark Examination Policy, [email protected],
(571) 272-8946.
SUPPLEMENTARY INFORMATION: The United States Patent and Trademark
Office (USPTO) published in the Federal Register (84 FR 37081, July 31,
2019) a final rule amending the Rules of Practice in Trademark Cases
and the Rules of Practice in Filings Pursuant to the Protocol Relating
to the Madrid Agreement Concerning the International Registration of
Marks to mandate electronic filing of trademark applications and all
submissions associated with trademark applications and registrations,
and to require the designation of an email address for receiving USPTO
correspondence, with limited exceptions.
The effective date of the rule is being delayed to allow the USPTO
additional time to prepare internally for implementation of the
requirements associated with the mandate that applicants and
registrants electronically file their trademark applications and all
submissions associated with trademark applications and registrations,
and that they designate an email address for receiving USPTO
correspondence. This final rule would also provide the public an
opportunity to more fully comprehend the nature of, and prepare to
comply with, the new requirements before they are effective.
Rulemaking Requirements
Administrative Procedure Act: This final rule revises the effective
date of a final rule published on July 31, 2019 implementing procedures
requiring the electronic filing of Trademark applications, and is a
rule of agency practice and procedure, and/or interpretive rules
pursuant to 5 U.S.C. 553(b)(A). See JEM Broad. Co. v. F.C.C., 22 F.3d
32. (D.C. Cir. 1994) (``[T]he `critical feature' of the procedural
exception [in 5 U.S.C. 553(b)(A)] `is that it covers agency actions
that do not themselves alter the rights or interests of parties,
although [they] may alter the manner in which the parties present
themselves or their viewpoints to the agency.' '' (quoting Batterton v.
Marshall, 648 F.2d 694, 707 (D.C. Cir. 1980))); see also Bachow
Commc'ns Inc. v. F.C.C., 237 F.3d 683, 690 (D.C. Cir. 2001) (rules
governing an application process are procedural under the
Administrative Procedure Act); Inova Alexandria Hosp. v. Shalala, 244
F.3d 342, 350 (4th Cir. 2001) (rules for handling appeals were
procedural where they did not change the substantive standard for
reviewing claims). Accordingly, prior notice and opportunity for public
comment are not required pursuant to 5 U.S.C. 553(b) or (c) (or any
other law). See Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336-37
(Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C.
2(b)(2)(B), does not require notice and comment rulemaking for
``interpretative rules, general statements of policy, or rules of
agency organization, procedure, or practice'' (quoting 5 U.S.C.
553(b)(A)).
Moreover, the Director of the USPTO, pursuant to authority at 5
U.S.C. 553(b)(B), finds good cause to adopt the change in this final
rule without prior notice and an opportunity for public comment, as
such procedures would be impracticable and contrary to the public
interest. Immediate implementation of the delay in effective date is in
the public interest, because it would allow the USPTO additional time
to prepare internally for implementation of the requirements associated
with the July 31, 2019 final rule. This final rule would also provide
the public an opportunity to more fully comprehend the nature of, and
prepare to comply with, the new requirements before they are effective.
Delay of this final rule to provide prior notice and comment procedures
is impracticable, because it would allow the July 31, 2019 rule to go
into effect before the agency is ready to implement the new
requirements. Therefore, the Director finds there is good cause to
waive notice and comment procedures for this rule.
Finally, the change in this final rule may be made immediately
effective, because this is not a substantive rule under 35 U.S.C.
553(d). Moreover, pursuant to 5 U.S.C. 553(d)(1), the Director finds
good cause to allow this final rule to be made immediately effective
because it would allow the USPTO additional time to prepare internally
for implementation of the requirements associated with the July 31,
2019 final rule.
Dated: September 24, 2019.
Andrei Iancu,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2019-21178 Filed 10-1-19; 8:45 am]
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