Changes in Requirements for Collective Trademarks and Service Marks, Collective Membership Marks, and Certification Marks; Correction, 1559 [2018-00428]

Download as PDF Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations 37 CFR Part 2 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. [Docket No. PTO–T–2017–0054] List of Subjects in 37 CFR Part 2 RIN 0651–AD29 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: DEPARTMENT OF COMMERCE United States Patent and Trademark Office Changes in Requirements for Collective Trademarks and Service Marks, Collective Membership Marks, and Certification Marks; Correction United States Patent and Trademark Office, Commerce. ACTION: Final rule; correcting amendment. AGENCY: PART 2—RULES OF PRACTICE IN TRADEMARK CASES 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 TMFRNotices@uspto.gov, or by telephone at (571) 272–8946. SUPPLEMENTARY INFORMATION: The USPTO issues this final rule to correct an inadvertent error in § 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 § 2.193(e)(1) to correspond with new § 2.2(n). However, the amendatory instruction inadvertently instructed that § 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. sradovich on DSK3GMQ082PROD with RULES SUMMARY: Rulemaking Requirements Executive Order 12866 (Regulatory Planning and Review): This rulemaking has been determined to be not significant for purposes of Executive Order 12866. VerDate Sep<11>2014 15:52 Jan 11, 2018 Jkt 244001 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. 2. In § 2.193, revise paragraph (e)(1) to read as follows: ■ § 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 § 2.76 or § 2.88, request for extension of time to file a statement of use under § 2.89, or an affidavit under section 8, 12(c), 15, or 71 of the Act must satisfy the requirements of § 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 § 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 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 1559 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–R06–OAR–2017–0061; FRL–9972–28– Region 6] National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Texas Environmental Protection Agency (EPA). ACTION: Direct final rule; delegation of authority. AGENCY: The Texas Commission on Environmental Quality (TCEQ) has submitted updated regulations for receiving delegation of the EPA authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). These regulations apply to certain NESHAPs promulgated by the EPA, as amended between April 24, 2013 and August 3, 2016. The delegation of authority under this action does not apply to sources located in Indian Country. The EPA is taking direct final action to approve the delegation of certain NESHAPs to TCEQ. SUMMARY: This rule is effective on March 13, 2018 without further notice, unless the EPA receives relevant adverse comment by February 12, 2018. If the EPA receives such comment, the EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R06– OAR–2017–0061, at https:// www.regulations.gov or via email to barrett.richard@epa.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please DATES: E:\FR\FM\12JAR1.SGM 12JAR1

Agencies

[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]]

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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
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