[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: 37CFR2.164]

[Page 317]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 2--RULES OF PRACTICE IN TRADEMARK CASES--Table of Contents
 
Sec. 2.164  Correcting deficiencies in affidavit or declaration.

    (a) If the owner of the registration files an affidavit or 
declaration within the time periods set forth in section 8 of the Act, 
deficiencies may be corrected, as follows:
    (1) Correcting deficiencies in affidavits or declarations timely 
filed within the periods set forth in sections 8(a) and 8(b) of the Act. 
If the owner timely files the affidavit or declaration within the 
relevant filing period set forth in section 8(a) or section 8(b) of the 
Act, deficiencies may be corrected before the end of this filing period 
without paying a deficiency surcharge. Deficiencies may be corrected 
after the end of this filing period with payment of the deficiency 
surcharge required by section 8(c)(2) of the Act and Sec. 2.6.
    (2) Correcting deficiencies in affidavits or declarations filed 
during the grace period. If the affidavit or declaration is filed during 
the six-month grace period provided by section 8(c)(1) of the Act, 
deficiencies may be corrected before the expiration of the grace period 
without paying a deficiency surcharge. Deficiencies may be corrected 
after the expiration of the grace period with payment of the deficiency 
surcharge required by section 8(c)(2) of the Act and Sec. 2.6.
    (b) If the affidavit or declaration is not filed within the time 
periods set forth in section 8 of the Act, or if it is filed within that 
period by someone other than the owner, the registration will be 
cancelled. These deficiencies cannot be cured.

[64 FR 48925, Sept. 8, 1999]