Changes in Requirements for Affidavits or Declarations of Use, Continued Use, or Excusable Nonuse in Trademark Cases, 10273 [2017-02796]

Agencies

• DEPARTMENT OF COMMERCE
• Patent and Trademark Office

[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 
TMFRNotices@uspto.gov, 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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