37 C.F.R. § 2.162
Notice to registrant
When a certificate of registration is originally issued, the Office issues with the certificate a notice of the requirement for filing the affidavit or declaration of use or excusable nonuse under section 8 or section 71 of the Act. However, the affidavit or declaration must be filed within the time period required by section 8 or section 71 of the Act even if this notice is not received.
Notes of Decisions
Cited in 3
cases, 1984–1991 · leading case: Star-Kist Foods, Inc. v. P.J. Rhodes & Co., 769 F.2d 1393 (9th Cir. 1985).
Star-Kist Foods, Inc. v. P.J. Rhodes & Co., 769 F.2d 1393 (9th Cir. 1985). “37 C.F.R. § 2.162 (e) (1979). Star-Kist’s predecessors submitted a label for 7V2-ounce cans of sardines representing the mark as currently used.”
In Re Mother Tucker's Food Experience (Canada) Inc., 925 F.2d 1402 (Fed. Cir. 1991). “This requirement was amplified in the Regulations, including 37 C.F.R. § 2.162 (e) which, at the time here applicable, read in part: § 2.”
In Re Holland Am. Wafer Co., 737 F.2d 1015 (Fed. Cir. 1984). “See 37 C.F.R. § 2.162 . Accord, In Re Precious Diamonds, Inc.”
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