37 C.F.R. § 2.61
Action by examiner
(a) Applications for registration, including amendments to allege use under section 1(c) of the Act, and statements of use under section 1(d) of the Act, will be examined and, if the applicant is found not entitled to registration for any reason, applicant will be notified and advised of the reasons therefor and of any formal requirements or objections.
(b) The Office may require the applicant to furnish such information, exhibits, affidavits or declarations, and such additional specimens as may be reasonably necessary to the proper examination of the application.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1993–2021 · leading case: In Re Becton, Dickinson & Co., 675 F.3d 1368 (Fed. Cir. 2012).
In Re Becton, Dickinson & Co., 675 F.3d 1368 (Fed. Cir. 2012). “As part of the initial office action, the examining attorney also issued a request for additional information pursuant to 37 C.F.R. § 2.61 and required BD to provide information concerning the cap design, including: whether it is or has been the subject of either a utility or…”
Eastman Kodak Co. v. Bell & Howell Document Mgmt. Prods. Co., 994 F.2d 1569 (Fed. Cir. 1993). “, 12 USPQ2d Í746 (TTAB 1989), "must be limited to situations in which, as in Neapco, the Board is able to consider evidence that the model designator in actual use serves a trademark (source-indicating) function.”
LegalForce RAPC Worldwide P.C. v. Demassa (N.D. Cal. 2021). “Office Actions 3 If, after the USPTO examines a trademark application, "the applicant is found not 4 entitled to registration for any reason," the applicant is "notified and advised of the 5 reasons therefor," see 37 C.F.R. § 2.61 (a), and is provided an opportunity to file a 6…”
Experience Hendrix, L.L.C. v. Pitsicalis (S.D.N.Y. 2019). “See 37 C.F.R. §2.61 (b); TMEP §1203.03(c)(i).”
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