USPTO Finalizes Trademark Rules of Practice and the Rules of Practice in Madrid Protocol Filings | Practical Law

USPTO Finalizes Trademark Rules of Practice and the Rules of Practice in Madrid Protocol Filings | Practical Law

The US Patent and Trademark Office (USPTO) has finalized rules to the Trademark Rules of Practice and Rules of Practice in Madrid Protocol filings to provide greater clarity on certain requirements.

USPTO Finalizes Trademark Rules of Practice and the Rules of Practice in Madrid Protocol Filings

by Practical Law Intellectual Property & Technology
Published on 15 Jan 2015 • USA (National/Federal)
The US Patent and Trademark Office (USPTO) has finalized rules to the Trademark Rules of Practice and Rules of Practice in Madrid Protocol filings to provide greater clarity on certain requirements.
On January 16, 2015, the USPTO issued a final rule revising the Trademark Rules of Practice and the Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) to clarify certain requirements relating to:
  • Representation before the USPTO.
  • Applications for registration.
  • Examination procedures.
  • Amending applications.
  • Publication and post publication procedures.
  • Appeals.
  • Petitions.
  • Post registration practice.
  • Correspondence in trademark cases.
  • Classification of goods and services.
  • Procedures under the Madrid Protocol.
(80 Fed. Reg. 2303-02 (Jan. 16, 2015).)
The changes affect rules set out in parts 2, 6 and 7 of title 37 of the Code of Federal Regulations and are primarily intended to codify existing practice. Comments received in response to the USPTO's proposed changes published on January 23, 2014 are addressed in the notice of rulemaking and are also available on the USPTO's website.
The final rules go into effect on February 17, 2015.