Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations
symbol ‘‘§ ’’ and a numbered heading;
for example § 7.71 Delaware Water
Gap National Recreation Area. (5) Is
the description of the rule in the
‘‘Supplementary Information’’ section of
the preamble helpful in understanding
the proposed rule? What else could we
do to make the rule easier to
understand?
Send a copy of any comments that
concern how we could make this rule
easier to understand to: Office of
Regulatory Affairs, Department of the
Interior, Room 7229, 1849 C Street,
NW., Washington, DC 20240.
Drafting Information
The principal contributors to this
proposed rulemaking are Joel Schwartz,
Fee Collection Program Manager, and
Brian McDonnell, Park Ranger, and
Philip A. Selleck, Chief Ranger,
Delaware Water Gap NRA.
List of Subjects in 36 CFR Part 7
District of Columbia, National parks,
reporting and recordkeeping
requirements.
For the reasons stated in the preamble,
the National Park Service amends 36
CFR Part 7 as follows:
I
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
1. The authority citation for Part 7
continues to read as follows:
I
Authority: 16 U.S.C. 1, 3, 9a, 460(q),
462(k); Sec. 7.96 also issued under DC Code
8–137 (1981) and DC Code 40–721 (1981).
2. Section 7.71 is amended by revising
paragraphs (e)(1)(i) through (vi) to read
as follows:
I
§ 7.71 Delaware Water Gap National
Recreation Area.
(e) Commercial Vehicle Fees.
(1) * * *
(i) Two-axle car, van or truck—$3
(ii) Two-axle vehicle with trailer—$5
(iii) Two-axle 6-wheeled vehicle—$8
(iv) Three-axle vehicle—$10
(v) Four-axle vehicle—$13
(vi) Five or more-axle vehicle—$18
*
*
*
*
*
Dated: September 16, 2004.
Paul Hoffman,
Deputy Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 04–21470 Filed 9–23–04; 8:45 am]
15:28 Sep 23, 2004
Patent and Trademark Office
37 CFR Parts 2 and 7
[Docket No. 2004–T–037]
RIN 0651–AB78
New Mailing Addresses for Paper
Submissions of Trademark-Related
Correspondence and Madrid Protocol
Rules Change
Patent and Trademark Office,
Commerce.
AGENCY:
ACTION:
Final rule.
SUMMARY: The United States Patent and
Trademark Office (‘‘Office’’) is
amending its rules to provide for new
mailing addresses for trademark-related
correspondence submitted on paper.
The Office is also amending some of the
rules that govern the submission of
documents pursuant to the Protocol
Relating to the Madrid Agreement
Concerning the International
Registration of Marks (‘‘Madrid
Protocol’’) in the United States.
Specifically, the Office is: Removing the
requirement that international
applications, subsequent designations,
responses to notices of irregularity
issued by the International Bureau of
the World Intellectual Property
Organization (‘‘IB’’), and requests for
transformation be filed through the
Trademark Electronic Application
System (‘‘TEAS’’); limiting the
requirement that fees payable to the IB
for international applications,
subsequent designations, and requests
to record changes of ownership in the
International Register be paid at the
time of submission only if the document
is filed through TEAS; and designating
new mailing addresses for trademarkrelated correspondence and paper-filed
international applications, subsequent
designations, responses to notices of
irregularity, requests to record changes
in the International Register, requests
for transformation, and petitions to the
Director to review an action of the
Office’s Madrid Processing Unit
(‘‘MPU’’).
DATES:
Effective Date: October 4, 2004.
FOR FURTHER INFORMATION CONTACT:
Cheryl L. Black, Office of the
Commissioner for Trademarks, by
telephone at (703) 308–8910, ext. 153, or
by e-mail to cheryl.black@uspto.gov.
SUPPLEMENTARY INFORMATION:
BILLING CODE 4312–JG–P
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Background
New Mailing Addresses for Paper
Submissions of Trademark-Related
Documents
The Office’s Trademark Operation, as
well as its Trademark Trial and Appeal
Board, are currently housed at 2900
Crystal Drive in Arlington, Virginia, and
§ 2.190 requires that all trademarkrelated correspondence filed on paper,
except for requests to record documents
in the Assignment Services Division and
requests for copies of trademark
documents, be sent to that location.
The Trademark Operation and the
Trademark Trial and Appeal Board are
moving to a new facility in Alexandria,
Virginia. It is expected that this move
will commence on or about October 4,
2004, and will be completed on or about
November 9, 2004. The Office is
therefore amending § 2.190 to provide
for new mailing addresses for all paperfiled trademark-related correspondence,
except for requests to record documents
in the Assignment Services Division and
requests for copies of trademark
documents.
The Office continues to encourage
trademark applicants and registrants to
file documents with the Trademark
Operation via the Trademark Electronic
Application System (‘‘TEAS’’), available
at http://www.uspto.gov, and to file
documents with the Trademark Trial
and Appeal Board via the Electronic
System for Trademark Trials and
Appeals (‘‘ESTTA’’), available at http://
estta.uspto.gov.
Madrid Protocol Rules Changes
The Madrid Protocol is an
international treaty that allows a
trademark owner to seek registration in
any of the countries and organizations
that have joined the Protocol
(‘‘Contracting Parties’’), by submitting a
single international application. The
international application must be based
on a trademark application filed in or
registration issued by the trademark
office of one of the Contracting Parties
(‘‘basic application’’ or ‘‘basic
registration’’), and must be submitted to
the IB through the trademark office of
the Contracting Party in which the basic
application or registration is held
(‘‘Office of Origin’’). Before forwarding
the international application to the IB,
the Office of Origin must certify that the
information in the international
application corresponds to the
information in the basic application or
registration.
The Madrid Protocol became effective
in the United States on November 2,
2003. The Madrid Protocol
Implementation Act of 2002, Public Law
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107–273, 116 Stat. 1758, 1913–1921
(‘‘MPIA’’) amended the Trademark Act
to provide that: (1) The owner of a U.S.
application or registration may seek
protection of its mark in any of the
countries and organizations party to the
Madrid Protocol by submitting a single
international application to the IB
through the Office; and (2) the holder of
an international registration may request
an extension of protection of the
international registration to the United
States. A notice of final rule making
amending the Trademark Rules of
Practice to incorporate the MPIA was
published at 68 FR 55748 (Sept. 26,
2003).
The rules required: (1) That filers use
TEAS to submit international
applications, subsequent designations,
responses to notices of irregularity,
requests to record changes in the
International Register, and requests for
transformation; and (2) that
international fees required by the IB for
international applications, subsequent
designations and requests to record
changes in the International Register be
paid through TEAS at the time of
submission. Due to unforeseen technical
difficulties, the deployment of Madridrelated TEAS forms has been delayed.
Therefore, these requirements of the
rules were temporarily waived in a
notice published at 68 FR 74479 (Dec.
24, 2003). The Office is amending its
rules to incorporate these changes.
The Madrid Protocol, Common
Regulations Under the Madrid
Agreement Concerning the International
Registration of Marks and the Protocol
Relating to That Agreement (April 1,
2004) (‘‘Common Regs.’’), and Guide to
International Registration (2004)
(‘‘Guide’’), are available on the IB’s Web
site, at http://www.wipo.int/madrid. The
Common Regs. are the procedures
agreed to by the Contracting Parties,
pursuant to Madrid Protocol Article
10(2)(iii).
References below to ‘‘the Act,’’ ‘‘the
Trademark Act,’’ or ‘‘the statute’’ refer to
the Trademark Act of 1946, 15 U.S.C.
1051, et seq., as amended.
Discussion of Specific Rules
The Office is amending rules 2.190,
2.195, 2.197, 7.4, 7.7, 7.11, 7.14, 7.21,
7.23, 7.25, and 7.31.
The Office is revising § 2.190(a) to set
forth a new mailing address for all
paper-filed trademark-related
correspondence (except requests to
record documents in the Assignment
Services Division, requests for copies of
trademark documents, and certain
documents filed pursuant to the Madrid
Protocol), and adding a new § 2.190(e)
to set forth a new mailing address for
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the following Madrid-related paper-filed
documents: international applications
under § 7.11; subsequent designations
under § 7.21; responses to notices of
irregularity under § 7.14; requests to
record changes in the International
Register under § 7.23 and § 7.24;
requests for transformation under § 7.31;
and petitions to the Director to review
an action of the MPU.
The Office is amending § 2.195(d)(3)
to delete the word ‘‘and’’ after the semicolon, and amending § 2.195(d)(4) to
replace the period with a semi-colon
and to add the word ‘‘and’’ after the
semi-colon.
The Office is adding a new
§ 2.195(d)(5), to prohibit the use of
facsimile transmission to file
international applications, subsequent
designations, responses to notices of
irregularity, requests for transformation,
and requests to record changes in the
International Register.
The Office is revising § 2.197(a)(2) to
provide that the certificate of mailing or
transmission procedure described in
§ 2.197(a)(1) does not apply to
international applications, subsequent
designations, responses to notices of
irregularity, requests for transformation,
and requests to record changes in the
International Register.
The Office is redesignating the current
§ 7.4 as § 7.4(a).
The Office is adding a new § 7.4(b) to
designate a new mailing address for
paper-filed international applications,
subsequent designations, responses to
notices of irregularity, requests to record
changes in the International Register,
requests for transformation, and
petitions to the Director to review an
action of the MPU.
The Office is adding a new § 7.4(b)(1),
to provide that international
applications, subsequent designations,
requests to record changes in the
International Register, and petitions to
the Director to review an action of the
MPU, when filed by mail, will be
accorded the date of receipt in the
Office, unless they are sent by Express
Mail pursuant to § 2.198, in which case
they will be accorded the date of deposit
with the United States Postal Service.
The Office is adding a new § 7.4(b)(2),
to provide that requests for
transformation and responses to notices
of irregularity, when filed by mail, will
be accorded the date of receipt in the
Office. International applicants are
advised that a response to a notice of
irregularity under § 7.14 must be
received at the IB before the end of the
response period set forth in the IB’s
notice. Receipt in the Office does not
satisfy this requirement. See § 7.14(e);
IB’s Guide at B.I.05.01.
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The Office is adding a new § 7.4(c) to
designate a location for hand delivery of
international applications, subsequent
designations, responses to notices of
irregularity, requests to record changes
in the International Register, requests
for transformation, and petitions to the
Director to review an action of the MPU.
The Office is adding a new § 7.4(d), to
prohibit the use of facsimile
transmission to file international
applications, subsequent designations,
responses to notices of irregularity,
requests for transformation, and
requests to record changes in the
International Register.
The Office is adding a new § 7.4(e), to
provide that the certificate of mailing or
transmission procedure described in
§ 2.197(a)(1) does not apply to
international applications, subsequent
designations, responses to notices of
irregularity, requests for transformation,
and requests to record changes in the
International Register. This is consistent
with the revision to § 2.197(a)(2),
discussed above.
The Office is revising § 7.7(a) to
provide that fees for international
applications, subsequent designations,
and requests to record changes of
ownership may be paid to the IB
through the Office only when the
documents are filed through TEAS. At
present, the Office is unable to process
international fees for paper filings.
The Office is adding a new § 7.7(c) to
provide that all fees for paper filings
must be paid directly to the IB. These
fees can be paid to the IB either before
or after submission of the document to
the Office. However, fees paid after the
document is received by the IB could
result in a notice of irregularity.
The Office is redesignating § 7.7(c) as
§ 7.7(d).
The Office is revising § 7.11(a) to
remove the requirement that an
international application be filed
through TEAS and to permit the filing
of an international application either
through TEAS, or on the official paper
form issued by the IB, currently
available on the IB’s Web site at
http://www.wipo.int/madrid. Inasmuch
as deployment of the TEAS form has
been delayed due to unforeseen
technical difficulties, international
applications must be filed on paper
until the TEAS form is posted on the
Office’s Web site. When the TEAS form
is posted, applicants will have the
option to file international applications
either on paper or through TEAS.
Revised § 7.11(a) requires that an
international application filed on paper
be presented on the official paper form
issued by the IB, currently available on
the IB’s Web site at http://
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Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations
www.wipo.int/madrid. MM2 is the
official IB form for an application for
international registration under the
Madrid Protocol. The IB does not accept
paper applications that are not
presented on the official IB form. The
form cannot be hand-written. Madrid
Protocol Article 3(1); Common Regs.
9(2)(a) and 11(4)(a)(i). When submitting
an international application on paper,
applicants should complete the official
form online, print the completed form,
and submit it to the Office. For
instructions on completing the IB’s
official international application form,
see the IB’s Guide at B.II.07.01–20.11.
The Office is revising § 7.11(a)(3) by
breaking it into subsections 7.11(a)(3)(i)
through 7.11(a)(3)(iii), for purposes of
clarity.
The Office is adding a new
§ 7.11(a)(3)(iv), to require, for
international applications filed on
paper, that the depiction of the mark
appear no larger than 3.15 inches (8 cm)
high by 3.15 inches (8 cm) wide, and
that the mark be placed in the box
designated by the IB on the IB’s official
form. This is required by Common Reg.
9(4)(a)(v). The size requirement is
consistent with the size requirement of
§ 2.54(b).
The Office is revising § 7.11(a)(9) to
delete reference to fees payable to the IB
for international applications. These
fees are provided for in new
§ 7.11(a)(10).
The Office is redesignating
§ 7.11(a)(10) as § 7.11(a)(11) and revising
it to provide that if an international
application is filed through TEAS, in
order to be accorded a date of receipt in
the Office it must include the
international application fees for all
classes, and the fees for all designated
Contracting Parties identified in the
application. This requirement does not
apply to international applications filed
on paper. Under new § 7.7(c),
international fees for paper applications
must be paid directly to the IB, and may
be paid either before or after submission
of the international application to the
Office. However, fees paid after the
international application is received by
the IB could result in a notice of
irregularity. The requirement in
§ 7.11(a)(9) that the U.S. certification fee
required by § 7.6 be paid at the time of
submission in order to obtain a date of
receipt applies to both TEAS and paper
applications.
The Office is redesignating
§ 7.11(a)(11) as § 7.11(a)(12), and
revising it to provide that an e-mail
address for correspondence is required
only when the international application
is filed through TEAS. The inclusion of
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15:28 Sep 23, 2004
Jkt 203001
an e-mail address in paper applications
is encouraged, but not mandatory.
The Office is revising § 7.14(e) to
remove the requirement that a response
to a notice of irregularity issued by the
IB be filed through TEAS. Deployment
of the TEAS form has been delayed due
to unforeseen technical difficulties.
Until the TEAS form is available,
responses to notices of irregularity must
be filed on paper. When the TEAS form
is operational, applicants will have the
option to file responses either on paper
or through TEAS.
The Office is revising § 7.21(b) to
remove the requirement that a
subsequent designation be submitted
through TEAS, and permit the
submission of a subsequent designation
either through TEAS or on the official
paper form issued by the IB.
Deployment of the TEAS form has been
delayed due to unforeseen technical
difficulties. Until the TEAS form is
available, subsequent designations must
be filed on paper. When the TEAS form
is posted, holders will have the option
to file subsequent designations either on
paper or through TEAS.
Revised § 7.21(b) requires that a
subsequent designation filed on paper
be presented on the official paper form
issued by the IB, currently available on
the IB’s Web site at http://
www.wipo.int/madrid. MM4 is the
official IB form for a designation
subsequent to the international
registration under the Madrid Protocol.
The IB does not accept paper
subsequent designations that are not
presented on the official IB form. The
form cannot be hand-written. Madrid
Protocol Article 3ter(2); Common Reg.
24(2)(b). When submitting a subsequent
designation on paper, the holder should
complete the official form online, print
the completed form, and submit it to the
Office. Completed subsequent
designations may also be filed directly
at the IB. The IB’s Guide contains
instructions for completing the
subsequent designation form, at
B.II.43.01–44.03.
The Office is revising § 7.21(b)(7) to
delete reference to subsequent
designation fees payable to the IB. These
fees are provided for in new § 7.21(a)(8).
The Office is revising § 7.21(a)(8) to
provide that a subsequent designation
filed through TEAS must include the
subsequent designation fees payable to
the IB in order to obtain a date of receipt
in the Office. This requirement does not
apply to subsequent designations filed
on paper. Under new § 7.7(c), fees for
paper subsequent designations must be
paid directly to the IB, and may be paid
either before or after submission of the
subsequent designation to the Office.
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57183
However, fees paid after the subsequent
designation is received by the IB could
result in a notice of irregularity. The
requirement that the U.S. transmittal fee
required by § 7.6 be paid at the time of
submission in order to obtain a date of
receipt remains unchanged for paper
subsequent designations.
The Office is redesignating
§ 7.21(b)(8) as § 7.21(b)(9), and revising
it to provide that an e-mail address for
correspondence is required only if the
subsequent designation is filed through
TEAS. The inclusion of an e-mail
address in a paper subsequent
designation is encouraged, but not
mandatory.
The Office is revising § 7.23(a)(8) to
remove the requirement that a request to
record a change of ownership include
the recording fee required by the IB. The
Office currently does not have an
electronic form available for requests to
record changes of ownership, and
cannot process the international fees for
paper filings. Therefore, under § 7.7(c),
if a request to record a change of
ownership is submitted on paper, the
fee must be paid directly to the IB, and
may be paid either before or after
submission of the request to the Office.
However, fees paid after the request is
received by the IB could result in a
notice of irregularity. The requirement
that the U.S. transmittal fee required by
§ 7.6 be paid at the time the request is
submitted remains unchanged.
The Office is revising § 7.25(a) to
delete the designation of § 2.172 as a
section of part 2 of this chapter that
does not apply to registered extensions
of protection of international
registrations to the United States. This
will allow parties to file requests to
surrender registered extensions of
protection of an international
registration to the United States either
directly with the IB or with the Office.
If the request to surrender is filed
through the Office, the Office will notify
the IB of the surrender.
The Office is amending § 7.31(a) to
delete the requirement that a request for
transformation be filed through TEAS.
The Office currently does not have a
TEAS form available for requests for
transformation. Until the TEAS form is
available on the Office’s Web site,
requests for transformation must be filed
on paper. When the TEAS form is
operational, holders will be able to file
requests for transformation either on
paper or through TEAS.
Rule Making Requirements
Administrative Procedure Act
This final rule merely involves rules
of agency practice and procedure within
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the meaning of 5 U.S.C. 553(b)(A), as it
merely provides new mailing addresses
for certain trademark-related
correspondence and eliminates certain
existing procedural requirements related
to filings under the Madrid Protocol that
were waived pursuant to a notice
published at 68 FR 74479 (Dec. 24,
2003) and incorporates agency
procedure and practice to implement
the changes therein. Therefore, this final
rule may be adopted without prior
notice and opportunity for public
comment under 5 U.S.C. 553(b) and (c),
or thirty-day advance publication under
5 U.S.C. 553(d).
Regulatory Flexibility Act
The changes in this final rule merely:
(1) Set forth the mailing addresses that
should be used for mailing certain
trademark-related correspondence to the
Office; and (2) incorporate agency
procedures and practice put in place to
ensure compliance with a notice
published at 68 FR 74479 (Dec. 24,
2003) eliminating certain existing
requirements for trademark-related
filings under the Madrid Protocol. This
final rule package does not impose any
new fees on members of the public, and
places no additional economic burden
on large or small entities.
This final rule change is a rule of
agency practice and procedure under 5
U.S.C. 553(b)(A), and prior notice and
an opportunity for public comment
therefore is not required pursuant to 5
U.S.C. 553(b)(A) (or any other law). See
Bachow Communications Inc. v. FCC,
237 F.3d 683, 690 (D.C. Cir. 2001) (rules
governing an application process are
‘‘rules of agency organization,
procedure, or practice’’ and exempt
from the Administrative Procedure Act’s
notice and comment requirement);
Merck & Co., Inc. v. Kessler, 80 F.3d
1543, 1549–50, 38 USPQ2d 1347, 1351
(Fed. Cir. 1996) (the rules of practice
promulgated under the authority of
former 35 U.S.C. 6(a) (now in 35 U.S.C.
2(b)(2)) are not substantive rules (to
which the notice and comment
requirements of the Administrative
Procedure Act apply)); Fressola v.
Manbeck, 36 USPQ2d 1211, 1215
(D.D.C. 1995) (‘‘it is doubtful whether
any of the rules formulated to govern
patent and trade-mark practice are other
than ‘interpretative rules, general
statements of policy, * * * procedure,
or practice’ ’’ (quoting C.W. Ooms, The
United States Patent Office and the
Administrative Procedure Act, 38
Trademark Rep. 149, 153 (1948). Thus,
the provisions of the Regulatory
Flexibility Act are not applicable to this
rule making.
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15:28 Sep 23, 2004
Jkt 203001
Executive Order 13132
This rule making does not contain
policies with federalism implications
sufficient to warrant preparation of a
Federalism Assessment under Executive
Order 13132 (Aug. 4, 1999).
Executive Order 12866
This rule making has been determined
not to be significant for purposes of
Executive Order 12866.
Paperwork Reduction Act
The final rules are in conformity with
the requirements of the Paperwork
Reduction Act of 1995 (‘‘PRA’’) (44
U.S.C. 3501 et seq.).
An information collection package
supporting the information
requirements set forth in this rule was
approved by the Office of Management
and Budget under 0651–0051. That
information collection package included
a requirement that the following
documents be submitted electronically:
international applications under § 7.11,
subsequent designations under § 7.21,
responses to notices of irregularity
under § 7.14, and requests for
transformation under § 7.31. This final
rule removes the requirement that these
forms be filed electronically, and
instead permits filing either
electronically or on paper. The
information to be provided on paper is
the same information as that collected
by the electronic forms described in the
information collection package that was
approved under 0651–0051.
These final rules require that
international applications and
subsequent designations, when
submitted on paper, be presented on the
official forms provided by the IB. The IB
will not accept paper international
applications and subsequent
designations that are not presented on
the official IB form. Madrid Protocol
Article 3(1) and 3ter(2); Common Regs.
9(2)(a), 11(4)(a)(i), and 24(2)(b). The IB’s
paper forms collect the same
information required in the electronic
forms approved under 0651–0051.
Neither the Office nor the IB provides
a paper form for responses to notices of
irregularity or requests for
transformation. The applicant/holder
must provide the same information
required in the electronic forms
approved under 0651–0051, using the
form of their choice.
There are no other new information
collection requirements in this final
rule.
The public reporting burden is
estimated to average as follows: Fifteen
minutes for international trademark
applications; three minutes for
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Sfmt 4700
subsequent designations; ten minutes
for responses to notices of irregularities
issued by the IB; and five minutes for
requests to transform cancelled
extensions of protection into
applications for registration under
section 1 or 44 of the Trademark Act.
These time estimates include the time
for reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information. Comments are invited
on: (1) Whether the collection of
information is necessary for proper
performance of the functions of the
agency, (2) the accuracy of the agency’s
estimate of the burden, (3) ways to
enhance the quality, utility, and clarity
of the information to be collected, and
(4) ways to minimize the burden of the
collection of information to
respondents.
Send comments regarding this burden
estimate, or any other aspect of this data
collection, including suggestions for
reducing the burden, to the
Commissioner for Trademarks, 2900
Crystal Drive, Arlington, VA 22202–
3514 (Attn: Ari Leifman), and to the
Office of Information and Regulatory
Affairs, OMB, 725 17th Street, NW.,
Washington, DC 20503 (Attn: USPTO
Desk Officer).
Notwithstanding any other provision
of law, no person is required to respond
to nor shall a person be subject to a
penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB control number.
List of Subjects
37 CFR Part 2
Administrative practice and
procedure, Trademarks.
37 CFR Part 7
Administrative practice and
procedure, Trademarks.
For the reasons given in the preamble
and under the authority contained in 15
U.S.C. 1123 and 35 U.S.C. 2, as amended,
the Office is amending parts 2 and 7 of
title 37 as follows:
I
PART 2—RULES OF PRACTICE IN
TRADEMARK CASES
1. Amend § 2.190 by revising
paragraph (a) and adding a new
paragraph (e) to read as follows:
I
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§ 2.190 Addresses for trademark
correspondence with the United States
Patent and Trademark Office.
(a) Trademark correspondence. In
general. All trademark-related
documents filed on paper, except
documents sent to the Assignment
Services Division for recordation,
requests for copies of trademark
documents, and certain documents filed
under the Madrid Protocol as specified
in paragraph (e) of this section, should
be addressed to: Commissioner for
Trademarks, PO Box 1451, Alexandria,
VA 22313–1451.
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(e) Certain Documents Relating to
International Applications and
Registrations. International applications
under § 7.11 of this title, subsequent
designations under § 7.21 of this title,
responses to notices of irregularity
under § 7.14 of this title, requests to
record changes in the International
Register under § 7.23 and § 7.24 of this
title, requests for transformation under
§ 7.31 of this title, and petitions to the
Director to review an action of the
Office’s Madrid Processing Unit, when
filed by mail, must be mailed to:
Commissioner for Trademarks, PO Box
16471, Arlington, VA 22215–1471,
Attention MPU.
(ii) Madrid-related correspondence
filed under § 7.11, § 7.21, § 7.14, § 7.23,
§ 7.24 or § 7.31 of this title.
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PART 7—RULES OF PRACTICE IN
FILINGS PURSUANT TO THE
PROTOCOL RELATING TO THE
MADRID AGREEMENT CONCERNING
THE INTERNATIONAL REGISTRATION
OF MARKS
I
4. Revise § 7.4 to read as follows:
§ 7.4
Receipt of correspondence.
(a) Correspondence Filed Through
TEAS. Correspondence relating to
international applications and
registrations and requests for extension
of protection submitted through TEAS
will be accorded the date and time on
which the complete transmission is
received in the Office based on Eastern
Time. Eastern Time means eastern
standard time or eastern daylight time,
as appropriate.
(b) Correspondence Filed By Mail.
International applications under § 7.11,
subsequent designations under § 7.21,
responses to notices of irregularity
under § 7.14, requests to record changes
in the International Register under
§ 7.23 and § 7.24, requests for
transformation under § 7.31, and
petitions to the Director to review an
I 2. Amend § 2.195 by revising
action of the Office’s Madrid Processing
paragraphs (d)(3) and (d)(4), and adding
Unit, when filed by mail, must be
a new paragraph (d)(5) to read as follows:
addressed to: Commissioner for
Trademarks, P.O. Box 16471, Arlington,
§ 2.195 Receipt of trademark
correspondence.
VA 22215–1471, Attn: MPU.
(1) International applications under
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§ 7.11, subsequent designations under
(d) * * *
§ 7.21, requests to record changes in the
(3) Correspondence to be filed with
International Register under § 7.23 and
the Trademark Trial and Appeal Board,
§ 7.24, and petitions to the Director to
except notices of ex parte appeal;
review an action of the Office’s Madrid
(4) Requests for cancellation or
Processing Unit, when filed by mail,
amendment of a registration under
will be accorded the date of receipt in
section 7(e) of the Trademark Act; and
the Office, unless they are sent by
certificates of registration surrendered
Express Mail pursuant to § 2.198 of this
for cancellation or amendment under
title, in which case they will be
section 7(e) of the Trademark Act; and
accorded the date of deposit with the
United States Postal Service.
(5) Madrid-related correspondence
(2) Responses to notices of irregularity
submitted under § 7.11, § 7.21, § 7.14,
under § 7.14 and requests for
§ 7.23, § 7.24, or § 7.31 of this title.
transformation under § 7.31, when filed
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by mail, will be accorded the date of
I 3. Amend § 2.197 by revising
receipt in the Office.
paragraph (a)(2) to read as follows:
(c) Hand-Delivered Correspondence.
International applications under § 7.11,
§ 2.197 Certificate of mailing or
subsequent designations under § 7.21,
transmission.
responses to notices of irregularity
(a) * * *
under § 7.14, requests to record changes
(2) The procedure described in
in the International Register under
paragraph (a)(1) of this section does not
§ 7.23 and § 7.24, requests for
apply to:
transformation under § 7.31, and
petitions to the Director to review an
(i) Applications for the registration of
action of the Office’s Madrid Processing
marks under 15 U.S.C. 1051 or 1126;
Unit, may be delivered by hand during
and
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57185
the hours the Office is open to receive
correspondence. Madrid-related handdelivered correspondence must be
delivered to the Trademark Assistance
Center, AE00C55, Madison East, 600
Dulany Street, Alexandria, VA 22313.
(d) Facsimile Transmission Not
Permitted. The following documents
may not be sent by facsimile
transmission, and will not be accorded
a date of receipt if sent by facsimile
transmission:
(1) International applications under
§ 7.11;
(2) Subsequent designations under
§ 7.21;
(3) Responses to notices of irregularity
under § 7.14;
(4) Requests to record changes of
ownership under § 7.23;
(5) Requests to record restrictions of
the holder’s right of disposal, or the
release of such restrictions, under
§ 7.24; and
(6) Requests for transformation under
§ 7.31.
(e) Certificate of Mailing or
Transmission Procedure Does Not
Apply. The certificate of mailing or
transmission procedure provided in
§ 2.197 does not apply to the documents
specified in paragraph (d) of this
section.
I 5. Amend § 7.7 by revising paragraph
(a) introductory text, redesignating
paragraph (c) as paragraph (d), and
adding a new paragraph (c) to read as
follows:
§ 7.7 Payments of fees to International
Bureau.
(a) For documents filed through
TEAS, the following fees may be paid
either directly to the International
Bureau or through the Office:
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(c) All fees for paper filings must be
paid directly to the International
Bureau.
(d) The International Bureau fee
calculator may be viewed on the web
site of the World Intellectual Property
Organization, currently available at:
http://www.wipo.int/madrid/en/.
I 6. Amend § 7.11 by revising
paragraphs (a), introductory text (a)(3),
(a)(9), (a)(10) and (a)(11), and adding a
new paragraph (a)(12) to read as follows:
§ 7.11 Requirements for international
application originating from the United
States.
(a) The Office will grant a date of
receipt to an international application
That is either filed through TEAS, or
typed on the official paper form issued
by the International Bureau. The
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international application must include
all of the following:
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(3) A reproduction of the mark that is
the same as the mark in the basic
application and/or registration and that
meets the requirements of § 2.52 of this
title.
(i) If the mark in the basic application
and/or registration is depicted in black
and white and the basic application or
registration does not include a color
claim, the reproduction of the mark in
the international application must be
black and white.
(ii) If the mark in the basic application
or registration is depicted in black and
white and includes a color claim, the
international application must include
both a black and white reproduction of
the mark and a color reproduction of the
mark.
(iii) If the mark in the basic
application and/or registration is
depicted in color, the reproduction of
the mark in the international
application must be in color.
(iv) If the international application is
filed on paper, the mark must be no
more than 3.15 inches (8 cm) high by
3.15 inches (8 cm) wide, and must
appear in the box designated by the
International Bureau on the
International Bureau’s official form;
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(9) The certification fee required by
§ 7.6;
(10) If the application is filed through
TEAS, the international application fees
for all classes, and the fees for all
designated Contracting Parties
identified in the international
application (see § 7.7);
(11) A statement that the applicant is
entitled to file an international
application in the Office, specifying that
applicant: is a national of the United
States; has a domicile in the United
States; or has a real and effective
industrial or commercial establishment
in the United States. Where an
applicant’s address is not in the United
States, the applicant must provide the
address of its U.S. domicile or
establishment; and
(12) If the international application is
filed through TEAS, an e-mail address
for receipt of correspondence from the
Office.
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I 7. Amend § 7.14 by revising paragraph
(e) to read as follows:
§ 7.14 Correcting irregularities in
international application.
(a) * * *
(e) Procedure for response. To be
considered timely, a response must be
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received by the International Bureau
before the end of the response period set
forth in the International Bureau’s
notice. Receipt in the Office does not
fulfill this requirement. Any response
submitted through the Office for
forwarding to the International Bureau
should be submitted as soon as possible,
but at least one month before the end of
the response period in the International
Bureau’s notice. The Office will not
process any response submitted to the
Office after the International Bureau’s
response deadline.
I 8. Amend § 7.21 by revising
paragraphs (b) introductory text, (b)(7),
and (b)(8), and adding a new paragraph
(b)(9), to read as follows:
§ 7.21
§ 7.31 Requirements for transformation of
an extension of protection to the United
States into a U.S. application.
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(a) The holder of the international
registration must file a request for
transformation within three months of
the date of cancellation of the
international registration and include:
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Dated: September 17, 2004.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 04–21476 Filed 9–23–04; 8:45 am]
BILLING CODE 3510–16–P
Subsequent designation.
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(b) The Office will grant a date of
receipt to a subsequent designation that
is either filed through TEAS, or typed
on the official paper form issued by the
International Bureau. The subsequent
designation must contain all of the
following:
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(7) The U.S. transmittal fee required
by § 7.6;
(8) If the subsequent designation is
filed through TEAS, the subsequent
designation fees (see § 7.7); and
(9) If the subsequent designation is
filed through TEAS, an e-mail address
for receipt of correspondence from the
Office.
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I 9. Amend § 7.23 by revising paragraph
(a)(8) to read as follows:
§ 7.23 Requests for recording
assignments at the International Bureau.
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(a) * * *
(8) The U.S. transmittal fee required
by § 7.6.
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I 10. Amend § 7.25 by revising
paragraph (a) to read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[Region II Docket No. R02–OAR–2004–NJ–
0003, FRL–7818–4]
Approval and Promulgation of State
Plans for Designated Facilities; New
Jersey
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is approving a negative
declaration submitted by the State of
New Jersey. The negative declaration
fulfills EPA’s promulgated Emission
Guidelines for existing commercial and
industrial solid waste incinerator
(CISWI) sources. In accordance with the
Emission Guidelines, states are not
required to submit a plan to implement
and enforce the Emission Guidelines if
there are no existing CISWI sources in
the state and if it submits a negative
declaration letter in place of the State
Plan.
This rule will be effective
October 25, 2004.
ADDRESSES: Copies of the state submittal
(a) Except for §§ 2.130–2.131, 2.160–
are available at the following addresses
2.166, 2.168, 2.173, 2.175, 2.181–2.186,
for inspection during normal business
and 2.197, all sections in part 2 of this
hours:
chapter and all sections of part 10 of
Environmental Protection Agency,
this chapter apply to a request for
Region 2 Office, Air Programs Branch,
extension of protection of an
290 Broadway, 25th Floor, New York,
international registration to the United
New York 10007–1866.
States, including sections related to
New Jersey Department of
proceedings before the Trademark Trial
Environmental Protection, Office of Air
and Appeal Board, unless stated
Quality Management, Bureau of Air
otherwise.
Pollution Control, 401 East State Street,
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CN027, Trenton, New Jersey 08625.
Environmental Protection Agency, Air
I 11. Amend § 7.31 by revising
paragraph (a) introductory text to read as and Radiation Docket and Information
Center, Air Docket, Room B–108, 1301
follows:
DATES:
§ 7.25 Sections of part 2 applicable to
extension of protection.
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