[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR7.37]

[Page 319-320]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 7_RULES OF PRACTICE IN FILINGS PURSUANT TO THE PROTOCOL RELATING TO THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS--Table of Contents
 
    Subpart F_Affidavit Under Section 71 of the Act for Extension of 
                     Protection to the United States
 
Sec. 7.37  Requirements for a complete affidavit or declaration of use in commerce or excusable nonuse.

    A complete affidavit or declaration under section 71 of the Act 
must:
    (a) Be filed by the holder of the international registration within 
the period set forth in Sec. 7.36(b);
    (b) Include a statement that is signed and verified (sworn to) or 
supported by

[[Page 320]]

a declaration under Sec. 2.20 of this chapter by a person properly 
authorized to sign on behalf of the holder, attesting to the use in 
commerce or excusable nonuse of the mark within the period set forth in 
section 71 of the Act. The verified statement must be executed on or 
after the beginning of the filing period specified in Sec. 7.36(b). A 
person who is properly authorized to sign on behalf of the holder is:
    (1) A person with legal authority to bind the holder; or
    (2) A person with firsthand knowledge of the facts and actual or 
implied authority to act on behalf of the holder; or
    (3) An attorney as defined in Sec. 10.1(c) of this chapter who has 
an actual written or verbal power of attorney or an implied power of 
attorney from the holder.
    (c) Include the U.S. registration number;
    (d)(1) Include the fee required by Sec. 7.6 for each class of goods 
or services that the affidavit or declaration covers;
    (2) If the affidavit or declaration is filed during the grace period 
under section 71(a)(2)(B) of the Act, include the grace period surcharge 
per class required by Sec. 7.6;
    (3) If at least one fee is submitted for a multi-class registration, 
but the class(es) to which the fee(s) should be applied are not 
specified, the Office will issue a notice requiring either the 
submission of additional fee(s) or an indication of the class(es) to 
which the original fee(s) should be applied. If the required fee(s) are 
not submitted within the time period set out in the Office action and 
the class(es) to which the original fee(s) should be applied are not 
specified, the Office will presume that the fee(s) cover the classes in 
ascending order, beginning with the lowest numbered class;
    (e)(1) Specify the goods or services for which the mark is in use in 
commerce, and/or the goods or services for which excusable nonuse is 
claimed under Sec. 7.37(f)(2);
    (2) Specify the goods or services being deleted from the 
registration, if the affidavit or declaration covers less than all the 
goods or services or less than all the classes in the registration;
    (f)(1) State that the registered mark is in use in commerce on or in 
connection with the goods or services in the registration; or
    (2) If the registered mark is not in use in commerce on or in 
connection with all the goods or services in the registration, set forth 
the date when use of the mark in commerce stopped and the approximate 
date when use is expected to resume and recite facts to show that nonuse 
as to those goods or services is due to special circumstances that 
excuse the nonuse and is not due to an intention to abandon the mark; 
and
    (g) Include a specimen showing current use of the mark for each 
class of goods or services, unless excusable nonuse is claimed under 
Sec. 7.37(f)(2). The specimen must meet the requirements of Sec. 2.56 
of this chapter.