C.F.R. » Title 37 » CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › SUBCHAPTER A—GENERAL › PART 2—RULES OF PRACTICE IN TRADEMARK CASES

37 C.F.R. § 2.80

Publication for opposition

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If, on examination or reexamination of an application for registration on the Principal Register, it appears that the applicant is entitled to have his mark registered, the mark will be published in the Official Gazette for opposition. The mark will also be published in the case of an application to be placed in interference or concurrent use proceedings, if otherwise registrable.

[41 FR 758, Jan. 5, 1976]
Notes of Decisions
Cited in 6 cases, 1976–2020 · leading case: Flexible Steel Lacing Co. v. Conveyor Accessories, Inc., 955 F.3d 632 (7th Cir. 2020).
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Flexible Steel Lacing Co. v. Conveyor Accessories, Inc., 955 F.3d 632 (7th Cir. 2020). “” In yet another marketing brochure, Flexco states that its scalloped edge design provides a lower profile that extends the life of the belt splice and reduces the 30 Pursuant to 37 C.F.R. § 2.80 , if a mark appears to be registrable, the mark is published in the Official…”
Yamaha Int'l Corp. v. Hoshino Gakki Co., Ltd., Assignee of Hoshino Gakki Ten Inc., 840 F.2d 1572 (Fed. Cir. 1988). “See also 37 C.F.R. § 2.80 . In November 1984, Yamaha, a competing guitar maker, filed two essentially identical notices of opposition in accordance with 15 U.”
Jean Patou, Inc. v. Theon, Inc., 9 F.3d 971 (Fed. Cir. 1993). “37 CFR § 2.80 . Opposer, Jean Patou, Inc.”
Stand. Pressed Steel Co. v. Midwest Chrome Process Co., 418 F. Supp. 485 (N.D. Ill. 1976). “See 37 C.F.R. § 2.80 (1975). Thereafter, the plaintiff filed a verified opposition to the registration alleging that it would be damaged by registration of the mark UNBAR on the principal register of the Patent Office.”
Flexible Steel Lacing Co. v. Conveyor Accessories, Inc. (7th Cir. 2020). “” In yet another marketing brochure, Flexco states that its scalloped edge design provides a lower profile that extends the life of the belt splice and reduces the 30 Pursuant to 37 C.F.R. § 2.80 , if a mark appears to be registrable, the mark is published in the Official…”
Klayman v. Freedom's Watch, Inc., 765 F. Supp. 2d 1348 (S.D. Fla. 2008). “§ 1062 ; 37 C.F.R. § 2.80 . The way to determine which category a particular phrase falls into is to begin with an analysis of the term itself.”
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