[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR2.84]

[Page 283]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 2--RULES OF PRACTICE IN TRADEMARK CASES--Table of Contents
 
Sec. 2.84  Jurisdiction over published applications.

    (a) The examiner may exercise jurisdiction over an application up to 
the date the mark is published in the ``Official Gazette.'' After 
publication of an application under section 1(a) or 44 of the Act the 
examiner may, with the permission of the Commissioner, exercise 
jurisdiction over the application. After publication of an application 
under section 1(b) of the Act, the examiner may exercise jurisdiction 
over the application after the issuance of the notice of allowance under 
section 13(b)(2) of the Act. After publication, and prior to issuance of 
a notice of allowance in an application under section 1(b), the examiner 
may, with the permission of the Commissioner, exercise jurisdiction over 
the application.
    (b) After publication, but before the printing of the certificate of 
registration in an application under section 1(a) or 44 of the Act, or 
before the printing of the notice of allowance in an application under 
section 1(b) of the Act, an application which is not the subject of an 
inter partes proceeding before the Trademark Trial and Appeal Board may 
be amended if the amendment does not necessitate republication of the 
mark or issuance of an Office action. Otherwise, an amendment to such an 
application may be submitted only upon petition to the Commissioner to 
restore jurisdiction of the application to the examiner for 
consideration of the amendment and further examination. The amendment of 
an application which is the subject of an inter partes proceeding before 
the Trademark Trial and Appeal Board is governed by Sec. 2.133.

[54 FR 37594, Sept. 11, 1989]

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