82 FR 10273 - Changes in Requirements for Affidavits or Declarations of Use, Continued Use, or Excusable Nonuse in Trademark Cases

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 82, Issue 27 (February 10, 2017)

Page Range		10273-10273
FR Document		2017-02796

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.

Federal Register, Volume 82 Issue 27 (Friday, February 10, 2017)

[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Rules and Regulations]
[Page 10273]
From the Federal Register Online  [www.thefederalregister.org]
[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 
[email protected], 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]
 BILLING CODE 3510-16-P

Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Rules and Regulations 10273

Rochester, NH, Skyhaven, NDB RWY 33, of Staff, entitled ‘‘Regulatory Freeze and contrary to the public interest. A
Amdt 4C Pending Review,’’ this action delays for delay in effective date is necessary to
Rochester, NH, Skyhaven, VOR/DME–A, 60 days the effective date of the final give agency officials the opportunity for
Amdt 2A
rule entitled ‘‘Changes in Requirements further review of the issues of law and
Lakewood, NJ, Lakewood, RNAV (GPS) RWY
6, Amdt 1 for Affidavits or Declarations of Use, policies raised by the rule before the
Lakewood, NJ, Lakewood, RNAV (GPS) RWY Continued Use, or Excusable Nonuse in final rule becomes effective on February
24, Amdt 1 Trademark Cases,’’ published in the 17, 2017. If this rule was delayed to
Zuni Pueblo, NM, Black Rock, Takeoff Federal Register on January 19, 2017. provide for the procedural requirements
Minimums and Obstacle DP, Amdt 1 The 60-day delay in effective date is under 5 U.S.C. 553, the final rule
Coshocton, OH, Richard Downing, RNAV necessary to give agency officials the published on January 19, 2017 would be
(GPS) RWY 22, Amdt 1 opportunity for further review of the allowed to go into effect, thus negating
Crossville, TN, Crossville Memorial-Whitson
issues of law and policy raised by this the objectives of the memorandum of
Field, ILS Y OR LOC Y RWY 26, Orig-B
Crossville, TN, Crossville Memorial-Whitson rule. January 20, 2017, from the Assistant to
Field, ILS Z OR LOC Z RWY 26, Amdt 14B DATES: The effective date of FR Doc. the President and Chief of Staff.
Crossville, TN, Crossville Memorial-Whitson 2017–00317, published in the Federal Therefore, we find there is good cause
Field, VOR/DME–A, Amdt 9A Register on January 19, 2017 (82 FR to waive notice and comment
Jamestown, TN, Jamestown Muni, VOR–A, 6259), is delayed until March 21, 2017. procedures and the 30-day delay in
Amdt 2 effective date for this rule.
FOR FURTHER INFORMATION CONTACT:
Livingston, TN, Livingston Muni, VOR/DME
RWY 21, Amdt 5C Catherine Cain, Office of the Deputy Dated: February 6, 2017.
Rockwood, TN, Rockwood Muni, VOR/DME Commissioner for Trademark Michelle K. Lee,
RWY 22, Amdt 6B Examination Policy, by email at Under Secretary of Commerce for Intellectual
Crosbyton, TX, Crosbyton Muni, NDB RWY TMFRNotices@uspto.gov, or by Property and Director of the United States
35, Orig-C, CANCELED telephone at (571) 272–8946. Patent and Trademark Office.
Georgetown, TX, Georgetown Muni, RNAV SUPPLEMENTARY INFORMATION: On [FR Doc. 2017–02796 Filed 2–9–17; 8:45 am]
(GPS) RWY 18, Amdt 2 January 19, 2017, the United States BILLING CODE 3510–16–P
Georgetown, TX, Georgetown Muni, RNAV
(GPS) RWY 36, Amdt 2
Patent and Trademark Office (USPTO or
Jonesville, VA, Lee County, RNAV (GPS) Office) published in the Federal
RWY 7, Amdt 2 Register a final rule entitled ‘‘Changes
Jonesville, VA, Lee County, RNAV (GPS) in Requirements for Affidavits or LEGAL SERVICES CORPORATION
RWY 25, Amdt 2 Declarations of Use, Continued Use, or
Kenbridge, VA, Lunenburg County, RNAV Excusable Nonuse in Trademark Cases.’’ 45 CFR Parts 1610, 1627, and 1630
(GPS)-A, Orig In that action, the USPTO amended its
Kenbridge, VA, Lunenburg County, RNAV rules concerning the examination of Use of Non-LSC Funds, Transfers of
(GPS)-B, Orig affidavits or declarations of continued LSC Funds, Program Integrity;
Bremerton, WA, Bremerton National, RNAV Subgrants and Membership Fees or
(GPS) RWY 2, Amdt 2A
use or excusable nonuse filed pursuant
to section 8 of the Trademark Act, or Dues; Cost Standards and Procedures
Portage, WI, Portage Muni, RNAV (GPS)
RWY 18, Orig affidavits or declarations of use in AGENCY: Legal Services Corporation.
Portage, WI, Portage Muni, RNAV (GPS)-A, commerce or excusable nonuse filed ACTION: Final rule.
Orig, CANCELED pursuant to section 71 of the Act, to
Portage, WI, Portage Muni, VOR/DME RNAV allow the USPTO to require additional SUMMARY: This final rule revises the
OR GPS RWY 17, Amdt 4A, CANCELED proof of use to verify the accuracy of Legal Services Corporation’s (LSC or
Prairie Du Chien, WI, Prairie Du Chien Muni, claims that a trademark is in use in Corporation) regulations governing
VOR/DME RWY 29, Amdt 8B, CANCELED commerce in connection with particular subgrants. LSC published a Notice of
[FR Doc. 2017–02487 Filed 2–9–17; 8:45 am] goods/services identified in the Proposed Rulemaking (NPRM) on April
BILLING CODE 4910–13–P registration. 20, 2015, and a Further Notice of
In accordance with the memorandum Proposed Rulemaking (FNPRM) on
of January 20, 2017, from the Assistant April 26, 2016. This final rule identifies
DEPARTMENT OF COMMERCE to the President and Chief of Staff, the factors to consider in determining
entitled ‘‘Regulatory Freeze Pending whether an award from an LSC recipient
Patent and Trademark Office Review,’’ this action delays the effective to another organization is a subgrant,
date of that final rule 60 days from the establishes a dollar threshold at which
37 CFR Parts 2 and 7 date of the January 20, 2017 memo. The recipients must seek LSC’s approval to
[Docket No. PTO–T–2016–0002] effective date of the January 19, 2017 award a subgrant, authorizes recipients
final rule, which would have been to use property or services funded in
RIN 0651–AD07 February 17, 2017, is now March 21, whole or in part with LSC funds to
2017. The 60-day delay in the effective support a subgrant, and establishes new
Changes in Requirements for date is necessary to give agency officials
Affidavits or Declarations of Use, processes for seeking prior approval of
the opportunity for further review of the subgrants.
Continued Use, or Excusable Nonuse issues of law and policy raised by the
in Trademark Cases DATES: This final rule will be effective
rule. on April 1, 2017.
AGENCY: United States Patent and Rulemaking Requirements FOR FURTHER INFORMATION CONTACT:
rmajette on DSK2TPTVN1PROD with RULES

Trademark Office, Commerce.
Administrative Procedure Act: The Stefanie K. Davis, Assistant General
ACTION: Final rule; delay of effective
Director of the USPTO finds good cause Counsel, Legal Services Corporation,
date. 3333 K Street NW., Washington, DC
under 5 U.S.C. 553(b)(B) and (d)(3) to
SUMMARY: In accordance with the waive the notice and comment 20007, (202) 295–1563 (phone), (202)
memorandum of January 20, 2017, from procedure and the 30-day delay in the 337–6519 (fax), sdavis@lsc.gov.
the Assistant to the President and Chief effective date because it is impracticable SUPPLEMENTARY INFORMATION:

VerDate Sep<11>2014 13:51 Feb 09, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\10FER1.SGM 10FER1

Document Created: 2017-02-11 18:14:55
Document Modified: 2017-02-11 18:14:55

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; delay of effective date.
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.
Contact		Catherine Cain, Office of the Deputy Commissioner for Trademark Examination Policy, by email at [email protected], or by telephone at (571) 272-8946.
FR Citation		82 FR 10273
RIN Number		0651-AD07
CFR Citation		37 CFR 2 37 CFR 7

82 FR 10273 - Changes in Requirements for Affidavits or Declarations of Use, Continued Use, or Excusable Nonuse in Trademark Cases

DEPARTMENT OF COMMERCEPatent and Trademark Office

Federal Register Volume 82, Issue 27 (February 10, 2017)

DEPARTMENT OF COMMERCE
Patent and Trademark Office