Miscellaneous Changes to Trademark Trial and Appeal Board Rules. Proposed rule; notice of hearing and reopening of comment period

[Federal Register: November 4, 1997 (Volume 62, Number 213)]
[Proposed Rules]
[Page 59640-59641]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no97-15]

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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Parts 2 and 3

[Docket No. 970428100-7256-02]
RIN 0651-AA87


Miscellaneous Changes to Trademark Trial and Appeal Board Rules

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Proposed rule; notice of hearing and reopening of comment
period.

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SUMMARY: The Patent and Trademark Office (PTO) will hold a public
hearing, and reopen the comment period, on changes to certain rules and
practices of the Trademark Trial and Appeal Board that were proposed in
June of 1997 (62 FR 30802, June 5, 1997). Interested members of the
public are invited to testify at the public hearing and to submit
written comments on these proposed changes.

DATES: The public hearing will be held on Wednesday, December 10, 1997,
beginning at 9:00 a.m.
    Those wishing to present oral testimony at the hearing must request
an opportunity to do so no later than Friday, December 5, 1997.
    Speakers may provide a written copy of their testimony for
inclusion in the record of the proceedings no later than Wednesday,
December 17, 1997.
    Written comments will be accepted by the PTO until December 10,
1997.
    Written comments and transcripts of the hearing will be available
for public inspection on or about Wednesday, January 7, 1998.

ADDRESSES: The hearing will be held on Wednesday, December 10, 1997,
beginning at 9:00 a.m. in the Commissioner's Conference Room, located
on the 9th floor of Crystal Park 2, 2121 Crystal Drive, Arlington,
Virginia 22202.
    Requests to testify should be sent to Ellen Seeherman by telephone
at (703) 308-9300, ext. 206, by facsimile transmission at (703) 308-
9333, or by mail marked to her attention and addressed to Assistant
Commissioner for Trademarks, Box TTAB-No Fee, 2900 Crystal Drive,
Arlington, Virginia 22202-3513.
    Written comments may be sent by mail addressed to Assistant
Commissioner for Trademarks, Box TTAB-No Fee, 2900 Crystal Drive,
Arlington, Virginia 22202-3513, marked to the attention of Ellen J.
Seeherman. Written comments may also be sent by facsimile transmission
to (703) 308-9333, marked to the attention of Ellen J. Seeherman.
    Written comments and transcripts of the hearing will be maintained
for public inspection in Suite 900, on the 9th Floor of the South Tower
Building, 2900 Crystal Drive, Arlington, Virginia 22202-3513.

FOR FURTHER INFORMATION CONTACT: Ellen J. Seeherman, Administrative
Trademark Judge, Trademark Trial and Appeal Board, by telephone at
(703) 308-9300, ext. 206, or by mail marked to her attention and
addressed to Assistant Commissioner for Trademarks, Box TTAB-No Fee,
2900 Crystal Drive, Arlington, Virginia 22202-3513 or by facsimile
transmission marked to her attention and sent to (703) 308-9333.

SUPPLEMENTARY INFORMATION: A notice of proposed rulemaking to amend
certain rules governing practice before the Trademark Trial and Appeal
Board was published in the Federal Register on June 5, 1997 (62 FR
30802) and in the Official Gazette on June 24, 1997 (1199 TMOG 88). A
number of the comments made in response to that notice suggested that a
public hearing be held on the proposed rules changes. Accordingly, the
PTO has decided to hold a public hearing on the proposed rules changes
on December 10, 1997. Moreover, some trade organizations expressed the
concern that, because the comment period occurred during the summer
months, some practitioners and other interested parties and entities
were not aware of the proposed amendments. Accordingly, the PTO has
decided to reopen the comment period. All comments previously submitted
will be considered together with any additional written comments which
are submitted by December 10, 1997.
    It should be noted that, in view of the comments already received,
the PTO has determined that it will not adopt the proposed changes to
Sections 2.120(d) and 2.120(h) regarding limiting the number of
requests for production of documents and the requests for admission
which may be served.


[[Page 59641]]


    Dated: October 29, 1997.
Bruce A. Lehman,
Assistant Secretary of Commerce and Commissioner of Patents and
Trademarks.
[FR Doc. 97-29161 Filed 11-3-97; 8:45 am]
BILLING CODE 3510-16-P