Attachment C - INDEX TO CHANGES
| TBMP Section: | Nature of Change: |
| PREFACE AND INTRODUCTION | |
| ALPHABETICAL SUBJECT MATTER INDEX | |
| THROUGHOUT MANUAL | |
| Spacing and formatting corrections as needed for consistency. Corrections to order of citations where appropriate in accordance with citation and manual protocols. Citations to McCarthy’s checked and year updated. (McCarthy is referenced only in Chapters 300 and 600.) Citations to Federal Practice and Procedure (FPP) checked and year updated. Checks, and updates as necessary, for the Trademark Rules of Practice, Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Circuit Rules, TMEP cross references. Pinpoint cites were included for additional cases brought forward from historical TBMP’s. Change "Assignment Services Division" to "Assignment Recordation Branch" throughout | |
| CHAPTER 100 | |
| 101.02 | Added italicized text of 37 CFR § 2.116 after 37 CFR § 2.122(a). Deleted duplicative reference after quote to 37 CFR § 2.116, before [Note 1.], line 3, paragraph 1. Added Title to TBMP § 1208, paragraph 2. Added Multisorb Technology Inc. v. Pactiv Corp . , Note 1. Parenthetical added Great Seats Inc., Note 1. Board of Trustees of University of Alabama, Note. 2 |
| 101.03 | Added In re Fiat Group. Marketing & Corporate Communications S.p.A and In re the Procter & Gamble Company, Note 1. |
| 102.01 | Add new language to first paragraph, new [Note 2.], renumbered notes, Multisorb Tech., Inc. v. Pactiv Corp. , Note 2. Added Board of Trustees of University of Alabama, Note 2. |
| 102.02 | Clarifying the sentence, second paragraph, by removing "under Trademark Act § 12(a), 15 U.S.C. § 1062(a)." Added "Trademark Act § 12(a), 15 U.S.C. § 1062(a)" to Note 1. Added "(a)" to "37 CFR § 2.91," note 4. |
| 102.03 | Deleted "see" Note 6. Moved [Note 6], added different reference to Note 6. |
| 104 | Added Johnson & Johnson v. Obschestvo s ogranitchennoy; otvetstvennostiu "WDS to Note 2. |
| 105 | Added Melwani v. Allegiance Corp. to Note 1. |
| 106.02 | Added (Electronic System for Trademark Trials and Appeals) after ESTTA in second paragraph. Added 37 CFR § 2.193 (c)(1) to Note 2. Note 3 added clarifying language to PPG Indus. Inc. v. Guardian Indus. Corp. parenthetical. Added (a) to 37 CFR § 11.14 and added 37 CFR § 11.14(e) to Note 4. Deleted "see" Note 5. Added "37 CFR § 2.193 (f)" and added "(c)" "37 CFR § 11.18" to Note 6. |
| 106.03 | Added (Electronic System for Trademark Trials and Appeals) after ESTTA to first paragraph. Deleted "part(a) of" before 37 CFR § 2.126 in second paragraph. Added "(a)" to 37 CFR § 2.126 in second paragraph. Deleted "part (b) of" CFR § 2.126. Added "(b)" to CFR § 2.126. Deleted "Final Rule" from Note 2. Added reference to Alcatraz Media, Inc. v. Chesapeake Marine Tours Inc. dba Watermark Cruises in Note 3. Added 37 CFR § 2.126 to Note 5. Deleted reference to 37 CFR § 2.2(g). |
| 108 | Added "uploaded to ESTTA (Electronic System for Trademark Trials and Appeals), the Board’s electronic filing system" to second paragraph. Added "See TBMP § 110.09" after [Note 1.]. Deleted "TBMP § 110.09 and" and added "See," Note 1. |
| 109 | Added "The only correspondence intended for the Board which may be filed by fax transmission is a notice of ex parte appeal to the Board. [Note 4.]" paragraph 4. Changed [Note 4] to [Note 5]. Changed [Note 5] to [Note 6] and deleted "see" from new Note 6. Changed [Note 6] to [Note 7] and deleted "see" NOTES: Deleted "The only correspondence intended for the Board which may be filed by fax transmission is a notice of ex parte appeal to the Board" from Note 4 and added to text, paragraph 4. Retained " 37 CFR §2.195(d)(3)" in new Note 4. Moved "37 CFR § 2.197(a)" from Note 4 to renumbered Note 5. Added Vibe Records Inc. to new Note 4. Renumbered Note 5 to Note 6. Renumbered Note 6 to Note 7; added "35 U.S.C. § 21 and" to renumbered Note 7. |
| 110.02 | Changed reference from "Assignment Services Division" to "Assignment Recordation Branch." |
| 110.03 | Changed reference from "Assignment Services Division" to "Assignment Recordation Branch." |
| 110.09(a) | Deleted "Section" and added "see" and added "Trademark Act § 66(a), 15 U.S.C. § 1141f(a)," note 2. |
| 110.09(b) | Added "see," deleted "Trademark Act" and deleted "15 U.S.C. § 1141f(a)" from parenthetical 37 CFR § 2.101(b)(2), Note 1. |
| 110.09(c)(2) | Added new [Note 3.] Renumbered [Note 3.] to [Note 4.] Added additional information to Note 2 and In re Sela Prods., LLC. Added Turdin v. Trilobite, Ltd. to new Note 3. Renumbered Note 3 to Note 4.
|
| 112 | Added "e.g.," to Note 2. |
| 113.04 | Added text, 2 paragraphs, regarding service by foreign parties. Added Musical Directions v. McHugh to Note 2. |
| 113.05 | Added "and parties may not stipulate to circumvent this requirement" to first paragraph. Added new sentence to end of paragraph 1, new [Note 3.]. Added "under 37 CFR § 2.119(c)" to second paragraph. Added text and McDonald's Corp. v. Cambrige Overseas Development Inc to Note 2. Added Jacques Moret Inc. v. Speedo Holdings B.V to new Note 3. |
| 113.06 | Removed "Cf." |
| 114.03 | Added "Please Note:" and further information to paragraph 1. New [Note 2.], remaining notes renumbered. |
| 115.01 | Added parenthetical to MySpace Inc. v. Mitchell, Note 1. |
| 116.02 | Deleted 10.40(a) and added §§ 11.116(c)-(d). |
| 117.01 | Added title to 37 CFR § 2.18(b), Note 2. Added parenthetical to Note 3. |
| 117.03 | Deleted "see," Note 4. |
| 118.02 | Deleted "see" and Added "37 CFR § 2.101(d)(3) and" to Note 3.
|
| 123 | Added [Note 2.] and "during business hours" to third paragraph. Added Melwani v. Allegiance Corp., Note 2. |
| CHAPTER 200 | |
| 201 | Text of Rule 2.102(a): delete "the" before "filing in the Office…" |
| 206.01 | Note 4: add citation to Renaissance Rialto Inc. v. Boyd |
| 206.02 | Note 2: add citation to Renaissance Rialto Inc. v. Boyd |
| 206.03 | 1st para, after [Note 1.], change "misidentification by" to "misidentification through" 2nd para, change "misidentification by" to "misidentification through" twice |
| 207.02 | 4th para: add other common examples of circumstances constituting good cause |
| 215 | Note 12: correct reference to TMEP § 1715.03(c) |
| CHAPTER 300 | |
| 303.06 | 2nd para: correct reference to "Trademark Act" to "TBMP" |
| 306.03 | 2nd para: correct reference to "Trademark Act" to "TBMP" |
| 307.01 | Note 3: add citation to Caymus Vineyards v. Caymus Medical Inc. |
| 307.02(c)(1) | Note 1: check and update McCarthy reference |
| 307.04 | 3rd para: correct reference to "Trademark Act" to "TBMP" Delete "Notes" and Note 1. |
| 309.02(c)(2) | 3rd para: after [Note 8.], emphasis on "an additional" copy in "…the petitioner may also serve …" |
| 309.03(a)(2) | 9th para: delete "substantial" before [Note 12.] 10th para: check and update McCarthy references |
| 309.03(b) | Note 9: add citation to The Board of Trustees of The University of Alabama v. Pitts Note 15: add citation to Delaware Quarries, Inc. v. PlayCore IP Sub, Inc. Note 17: add citation to Alcatraz Media Inc. v. Chesapeake Marine Tours Inc. |
| 309.03(c) | 4th para: make parentheticals consistent Add new (23); add new [Note 39.], renumber remaining [Notes] and Notes. Note 7: add citation to Alcatraz Media, Inc. v. Chesapeake Marine Tours Inc. Note 8: add citation to Caymus Vineyards v. Caymus Medical Inc. Note 17: add citation to Clorox Co. v. Salazar Note 18: add citation to Swatch AG (Swatch SA) (Swatch Ltd.) v. M.Z. Berger & Co. Note 21: add citation to Nahshin v. Product Source International LLC Note 26: add citation to City National Bank v. OPGI Management GP Inc./Gestion OPGI Inc. Note 33: add citation to Caymus Vineyards v. Caymus Medical Inc. Note 37: add subsequent history to In re City of Houston and In re District of Columbia Note 39: New & add citations to Central Garden & Pet Company v. Doskocil Manufacturing Company, Inc. and The Clorox Co. v. Chemical Bank New Note 41: add citation to The Board of Trustees of The University of Alabama v. Pitts New Note 46: add citation to Central Garden & Pet Company v. Doskocil Manufacturing Company, Inc. New Note 52: add citation to Central Garden & Pet Company v. Doskocil Manufacturing Company, Inc. |
| 309.03(d) | Note 13: add citation to Covidien LP v. Masimo Corp. |
| 311.02(b) | 12th para: clarifying language added to first sentence |
| 312.03 | Note 3: check and update FPP reference Note 5: check and update FPP reference Note 6: check and update FPP reference |
| 313.01 | Note 1: add citation to Skincode AG v. Skin Concept AG |
| 315 | Note 2: close parenthesis (September 26, 2003) |
| 317 | Note 6: modify working in parenthetical for Melwani v. Allegience Corp. |
| CHAPTER 400 | |
| 401 | Added "for information regarding ACR and stipulations," paragraph 1. Added pinpoint cite to Smith International, Inc., Note 1. Deleted Fed. R. Civ. P. 26(a)(1)(B), Note 3. Added parenthetical to Luster Products Inc., Note 4. Added pinpoint cite, Boston Red Sox Baseball Club LP, Note 6. |
| 401.01 | Added clarifying wording, lines 1, 4, 9, 10 and 11, paragraph 2. Added "(f)" to "Fed. R. Civ. P. 26", paragraph 4. Added pinpoint cite, Promgirl, Inc., Note 1. Added pinpoint cite, Promgirl, Inc., Note 14. Added pinpoint cite, Promgirl, Inc., Note 16. |
| 401.02 | Added pinpoint cite, Byer California, Note 5. Changed 37 CFR § 2.120(i)(3)(i) to 37 CFR § 2.120(j)(3)(i), Note 14. |
| 401.03 | Added text, paragraph 1. Added new [Note 1.] paragraph 1 and changed old [Note 1.] to [Note 2.] Moved text connected with [Note 2] in text to following paragraph. Added text, paragraph 2 (formerly paragraph 3). Added new Note 1. Added new Notes 4, 5, 6, and 7. Renumbered Note 1 to Note 2, Note 4 to Note 8, Note 5 to Note 9, Note 6 to Note 10, Note 7 to Note 11, Note 8 to Note 12, Note 9 to Note 13, Note 10 to Note 14, Note 11 to Note 15, Note 12 to Note 16. Added new sentence after paragraph 4. Added "But see" before General Council of the Assemblies of God to Note 12 (formerly note 8). Added RTX Scientific Inc. v. Nu-Calgon Wholesaler Inc. to renumbered Note 11 (formerly Note 7). Added reference to TBMP § 411.01, last paragraph. |
| 401.04 | Deleted "initial" from third sentence, paragraph 1. Added Joel Gott Wines LLC., Note 2. Added, Sheetz of Del., Inc., and corrected pinpoint cite, Boston Red Sox Baseball Club LP, Note 3. Note 4, corrected 37 CFR 2.120(2) to 37 CFR 2.120(g)(2), added RTX Scientific Inc., added pinpoint cite Influance Inc. |
| 401.06 | Corrected pinpoint cite, Boston Red Sox Baseball Club LP, Note 4. |
| 402.01 | Added sentence following [Note 4.], para. 1; added new [Note 5.], renumbered remaining note Added text, Note 4. Added The Phillies v. Philadelphia Consolidated Holding Corp., Note 4. Added Frito-Lay North America Inc., Note 4. Added The Phillies v. Philadelphia Consolidated Holding Corp., former Note 8, renumbered Note 9. |
| 402.02 | Added pinpoint cite, Miller & Fink Corp., Note 4. Added pinpoint cite, Cool-Ray, Inc., Note 4. Corrected pinpoint cite, Red Wing Co., Note 5. |
| 403.01 | Corrected pinpoint cite, Boston Red Sox Baseball Club LP, Note 3. Corrected pinpoint cite, Boston Red Sox Baseball Club LP, Note 4. |
| 403.02 | Added pinpoint cite, Deere & Co., Note 1. |
| 403.05(b) | Added new Note 3. |
| 404.02 | Added "s" to "Depositions," title of Fed. R. Civ. P. 30(a). 4th para: add cross reference to TBMP § 404.03(a)(2) |
| 404.03(a) | Note 1: add reference to 37 CFR § 2.120(b) |
| 404.03(a)(2) | Add text of 35 U.S.C. § 24 Note 2: Please Note information added Note 4: citation to Dan Foam ApS . |
| 404.03(b) | Note 3: add pinpoint cite for Rosenruist-Gestao E Servicos LDA Note 4: add pinpoint cite for Cochran Consulting Inc. |
| 404.06(a) | Added text to paragraph 1 and new [Note 1]. Added text to paragraph 2, old [Note 1] renumbered as [Note 2.]. Added new [Note 3.] Added new paragraph 3. Added new [Note 4.], new paragraph 3. Added new [Note 5.], new paragraph 3. Paragraph 3 is now paragraph 4. [Note 2.] renumbered as [Note 6.] in former paragraph, 3 now paragraph 4. Text added to former paragraph 4, now paragraph 5. Added new Note 1. Renumbered Note 1 to Note 2. Added new Note 3. Added new Note 4. Added new Note 5. Renumbered Note 2. To Note 6. |
| 404.06(b) | Added new [Note 1.], paragraph 1. Renumbered [Note 1.] to [Note 2.] Renumbered [Note 2.] to [Note 3.] Added text to paragraph 2. Added new [Note 4.] to paragraph 2. Added new [Note 5.] to paragraph 2. Renumbered [Note 3.] to [Note 6.] in paragraph 3. Renumbered [Note 4.] to [Note 7.] in paragraph 3. Renumbered [Note 5.] to [Note 8.] in paragraph 3. Renumbered [Note 6.] to [Note 9.] in paragraph 3. Renumbered [Note 7.] to [Note 10.] in paragraph 3. Renumbered [Note 8.] to [Note 11.] in paragraph 3. Renumbered [Note 9.] to [Note 12.] in paragraph 3. Renumbered [Note 10.] to [Note 13.] in paragraph 4. Renumbered [Note 11.] to [Note 14.] in paragraph 5. Renumbered [Note 12.] to [Note 15.] in paragraph 5. Renumbered [Note 13.] to [Note 16.] in paragraph 5. Renumbered [Note 14.] to [Note 17.] in paragraph 7. Renumbered [Note 15.] to [Note 18.] in paragraph 7. Renumbered [Note 16.] to [Note 19.] in paragraph 7. In NOTES: added new Notes 1, 4, and 5. Added Fed. R. Civ. P. 30(b)(6); see Pioneer Drive, LLC to Renumbered Notes 2, formerly Note 1. Renumbered Notes: Note 2 renumbered to Note 3; Note 3 renumbered to Note 6; Note 4 renumbered to Note 7; Note 5 renumbered to Note 8; Note 6 renumbered to Note 9; Note 7 renumbered to Note 10; Note 8 renumbered to Note 9; Note 10 renumbered to Note 13; Note 11 renumbered to Note 14; Note 12 renumbered to Note 15; Note 13 renumbered to Note 16; Note 14 renumbered to Note 17; Note 15 renumbered to Note 18; Note 16 renumbered to Note 19. |
| 404.07(e) | Added Nahshin v. Product Source International LLC to Note 2. |
| 404.07(f) | Added Nahshin v. Product Source International LLC to Note 2. |
| 404.08(a) | Added pinpoint cite Sunrider Corp Note 1; added "and" and deleted ";id at 1655" from parenthetical, Sunrider Corp. |
| 404.08(c) | Added Nahshin v. Product Source International LLC to Note 1. |
| 404.09 | 4th para: added references to 35 U.S.C. § 24, Fed. R. Civ. P. 45 Added pinpoint cite to Jain v. Ramparts Inc. , Note 10. Added AS Holdings, Inc. to Note 12. Added pinpoint cite to and Smith International, Inc., Note 15. Also added references to 35 U.S.C. § 24, Fed. R. Civ. P. 45; and a Please Note informational |
| 405.04(b) | Added "33" to "(b)(4), note 1. |
| 406.01 | Added Dan Foam ApS to Note 5. |
| 406.04(c) | Added new paragraph 2. Added new [Note 9.] to paragraph 2. Added new paragraph 3. Added new [Note 10.] to paragraph 3. Added New NOTES: 9 and 10. |
| 407.03(c) | Changed "10.63" to "11.307, Note 2. |
| 407.04 | Added new paragraph 4. Added new [Note 3.] to new paragraph 4. NOTES: Added new Note 3. |
| 408.01(b) | Added RTX Scientific Inc. to Note 7. |
| 408.01(c) | Changed "10.18(a)" to "11.18", Note 1. |
| 408.03 | Added Sheetz of Delaware, Inc. to Note 3. Added pinpoint cite to Andersen Corp. , Note 8. |
| 409 | Updated subsequent history Ballet Tech Foundation Inc., Note 1. Added pinpoint cite Kohler Co., Note 1. Added Joel Gott Wines LLC, Note 5. Added Turdin v. Trilobite, Ltd., Note 5. |
| 410 | Added pinpoint cite McMillan Bloedel Ltd., Note 1. Added pinpoint cite Crane Co., Note 1. Added pinpoint cite Dow Corning Corp., Note 7. Added The Phillies v. Philadelphia Consolidated Holding Corp ., Note 9. |
| 411.01 | Added RTX Scientific Inc., Note 1. Added pinpoint cite Influance, Note 1. Added pinpoint cite Kairos Institute of Sound Healing LLC, Note 3. |
| 411.03 | Added pinpoint cite Giersch, Note 1. Added pinpoint cite Hobie Designs, Inc., Note 1. |
| 411.04 | Added text, paragraph 1. Added new [Note 2.], paragraph 2. Renumbered [Note 2.] to [Note 3.] NOTES: Added new Note 2. Renumbered Note 2 to Note 3. |
| 412.01 | Added The Phillies v. Philadelphia Consolidated Holding Corp, Note 14. Added The Phillies v. Philadelphia Consolidated Holding Corp, Note 15. |
| 412.04 | Added Edwards Lifesciences Corp., Note 3. Changed "37 CFR § 2.126(d)" to "37 CFR § 2.126(c) Note 6. Changed "37 CFR § 2.126(d)" to "37 CFR § 2.126(c) Note 7. |
| 412.06 | Added The Phillies v. Philadelphia Consolidated Holding Corp, Note 3. Added The Phillies v. Philadelphia Consolidated Holding Corp, Note 4. Added The Phillies v. Philadelphia Consolidated Holding Corp, Note 6. |
| 412.06(b) | Added The Phillies v. Philadelphia Consolidated Holding Corp, Note 5. Added Weatherford/Lamb Inc., Note 5. |
| 413.02 | Added Blackhorse v. Pro Football Inc., Note 1. Added General Mills Inc. v. Fage Dairy Processing Industry SA, Note 1. |
| 414 | Added Sheetz of Delaware, Inc., Note 16. Added pinpoint cite Johnston Pump/General Valve Inc., Note 17. Added pinpoint cite Wella Corp., Note 19. |
| CHAPTER 500 | |
| 501.01 | Added sentence to text and new [Note 5.] Added reference to TBMP § 528.05(a)(2), paragraph 1. Added reference to TBMP § 702.04, paragraph 1. Added reference to TBMP § 702.04(e), paragraph 1. Added reference to TBMP § 705, paragraph 1. NOTES: Added new Note 5. |
| 501.02 | Added text to paragraph 1. Added Chanel Inc. v. Makarczyk, to Note 1. |
| 502.02(b) | Added Melwani v. Allegiance Corp., Note 1. Added "2011" to Mattel Inc., Note 2. Added McDonald's Corp., to Note 6. Added McDonald's Corp., to Note 9. |
| 502.02(c) | Added sentence, lines 10-11, paragraph 1. Moved "TBMP § 412" after "TBMP § 120.02" and, inserted after "see TBMP § 412" after "protective orders", deleted "and" after "TBMP § 120.02," paragraph 5. |
| 502.04 | Added "the" to "Petition to Director," paragraph 5. Added Melwani v. Allegiance Corp., to Note 1. |
| 502.06(b) | Added Amazon v. Wax, to Note 2. |
| 503.02 | Added Covidien LP, to Note 1. Adding parens to Bayer Consumer Care Ag, parenthetical, Note 1. Added pinpoint cite Ashcroft v. Iqbal, Note 3. Added Caymus Vineyards, Note 3. Adding parenthetical Doyle v. Al Johnson's Swedish Restaurant & Butik Inc., Note 3. Adding parenthetical Corporacion Habanos SA, Note 3. Added Covidien LP, Note 4. |
| 503.03 | TBMP § 507.02, paragraph 1 - additional instructional information. Added Caymus Vineyards, Note 1. |
| 503.04 | Added Caymus Vineyards, Note 1. Updated subsequent history, Stephen Slesinger Inc., Note 3. |
| 505.01 | Added Covidien LP, Note 1. |
| 505.03 | Added Covidien LP, Note 1. |
| 507.01 | Deleted text "FINAL RULE," Note 8. |
| 507.02 | Add introductory clause to first paragraph. Added after "§ 66(a)," "15 U.S.C. § 1141f(a)," paragraph 2. Corrected cite and added pinpoint cite, Polaris Industries, Note 4. |
| 507.03(a) | Added after "§ 66(a)," "15 U.S.C. § 1141f(a)," paragraph 1, last line. Added pinpoint cite Ercona Corp., Note 1. |
| 507.03(b) | Added after "§ 66(a)," "15 U.S.C. § 1141f(a)," line 4, paragraph 1. Added pinpoint cite Levi Strauss & Co., Note 3. |
| 509.01(a) | Moved [Note 7.] to end of paragraph 4. Added McDonald's Corp. v. Cambrige Overseas Development Inc., to Note 7. |
| 509.01(b)(2) | Deleted "18" from "1887" pinpoint cite L.C. Licensing Inc., Note 2. |
| 509.02 | Added "See" before TBMP § 902.02, paragraph 9. Added The Phillies v. Philadelphia Consolidated Holding Corp., to Note 10. |
| 511 | Changed "37 CFR § 2.104" to "37 CFR § 2.106", Note 6. |
| 512.01 | Removed "Trademark Act" before § 66(a), line 3, paragraph 3. Changed "Assignment Services Division" to Assignment Recordation Branch," paragraphs 4 and 5. |
| 512.02 | Changed "Assignment Services Division" to Assignment Recordation Branch," paragraph 1. |
| 512.03 | Changed "Assignment Services Division" to Assignment Recordation Branch," paragraphs 1 and 2. Removed "Trademark Act" before § 66(a), line 3, paragraph 3. Note 6 changed "15 U.S.C. § 1141" to "15 U.S.C. § 1141l." |
| 512.04 | Added pinpoint cite Lone Star Manufacturing Co., Note 1. Added pinpoint cite Argo & Company, Inc., Note 2. |
| 513.01 | Added additional language to parenthetical In re Slack, Note 1. |
| 514.01 | Added "15 U.S.C. § 1141f(a)" after "Trademark Act § 66(a)," line 11, paragraph 5. Removed "Trademark Act" before § 66(a), paragraph 7. Removed "Trademark Act" before § 66(a), paragraph 8. Added "§" before "66(a)," paragraph 8. Added pinpoint cite Gallagher’s Restaurants, Inc., Note 1. Added pinpoint cite Space Base Inc., Fort Howard Paper Note 2. Added Johnson & Johnson v. Stryker Corp., Note 3. Added Giant Food, Inc. v. Standard Terry Mills, Inc., Note 3. Added "Trademark Act § 7(e), Note 4. Added "(e)" to "15 U.S.C. § 1057," Note 5. Moved "15 U.S.C. § 1141h," after "Trademark Act § 69" to after "Trademark Act § 68" deleted "and," Note 6. Added pinpoint cite In re Pamex Foods, Inc., Note 8. Changed "TMEP § 1904.013" to "TMEP § 1904.13," Note 12. |
| 514.03 | Changed "Trademark Act § 1057" to "Trademark Act § 7," paragraph 6. Added Johnson & Johnson v. Stryker Corp., Note 1. Added pinpoint cite Pro-Cuts, Note 1. Added Leeds Technologies Ltd., Note 3. |
| 515 | Moved "15 U.S.C. § 1051" so that it follows after "Trademark Act § 1" and deleted "15 U.S.C. § 1051" after Trademark Act § 44," paragraph 1. Added title to TBMP § 514, paragraph 2. Removed "Trademark Act" from § 1 or § 44, paragraph 3, line 2. Removed "Trademark Act" before "§ 66(a)" and "15 U.S.C. § 1141f(a)" after "§ 66(a)," line 15, paragraph 3. |
| 518 | Removed parens around (See TBMP § 905), capitalized "s" in "see," paragraph 5. Added AS Holdings, Inc., Note 9. |
| 519 | Corrected form of citation to Notice of Final Rulemaking (October 23, 1991), Note 1. |
| 520 | Added pinpoint cite Jain v. Ramparts Inc., Note 1. |
| 521 | Added pinpoint cite Spier Wines, Note 9. |
| 523.01 | Added text, lines 3-4, lines 8-9, paragraph 5. Added title to TBMP § 523.03, paragraph 5. Corrected titles to TBMP §§ 403.03, 405.04(a), 406.04(a), 411, 523, 524, paragraph 7. Added Kairos Institute of Sound Healing LLC, Note 1. Added pinpoint cite General Sealer Corp., Note. 1. Added pinpoint cite Promgirl Inc, Note 2. Added RTX Scientific Inc., Note 3. Added parenthetical Influance Inc., Note 3. |
| 523.02 | Added pinpoint cite, Luehrmann, Note 3. |
| 524.01 | Removed "comments to" before "Fed. R. Civ. P. 36(a)(4-6)," added "Advisory Committee Notes (1970 amendment) after "Fed. R. Civ. P. 36(a)(4-6), note 3. |
| 524.02 | Added pinpoint cite, Amazon Technologies, Note 2. |
| 524.03 | Added pinpoint cite Johnson & Johnson, Note 2. |
| 524.04 | Added title to TBMP § 523.04, paragraph 1. |
| 526 | Added The Phillies v. Philadelphia Consolidated Holding Corp., Note 3. Added pinpoint cite Double J of Broward Inc., Note 4. Added pinpoint cite Crown Wallcovering Corp ., Note 4. |
| 527.01 | Added Promgirl Inc., Note 2. Amended parenthetical, Kairos Institute of Sound Healing LLC, Note 2. Added pinpoint cite, Kairos Institute of Sound Healing LLC, Note 2. Removed HighBeam Marketing, Note 2. |
| 527.01(e) | Added pinpoint cite Ingalls Shipbuilding, Inc., Note 2. Added Sheetz of Delaware, Inc., note 3. Amended parenthetical Great Seats Inc., Note 3. |
| 527.01(f) | Added RTX Scientific Inc., Note 2. Added Dan Foam ApS, Note 2. |
| 527.02 | Added title to TBMP § 502.05, paragraph 3. Added title to TBMP § 115.02, paragraph 6. Added pinpoint cite ITC Entertainment Group Ltd., Note 2. |
| 528.01 | Added "2d" to "USPQ" to Dyneer Corp., note 10. Changed "aff’g" to "aff’d" to subsequent history for Kellogg Co., Note 13.
Added pinpoint cite Drive Trademark Holdings LP, Note 15. |
| 528.02 | Corrected "TBMP § 528.05(a)" to "TBMP § 528.05(a)(2)," paragraph 3. |
| 528.03 | Added title to TBMP § 528.07, paragraph 2. Added references to TBMP §§ 507, 509, 525, and 528.06, lines 8-10, paragraph 2. |
| 528.05(a)(1) | Added new [Note 8.], paragraph 4. Renumbered [Note 8] to [Note 9], paragraph 5. Renumbered [Note 9] to [Note 10], paragraph 5. Renumbered [Note 10] to [Note 11], paragraph 5. NOTES: Added new Note 8. Renumbered Note 8 to Note 9. Renumbered Note 9 to Note 10. Added Frito-Lay N. America, Inc., to Renumbered Note 9, now Note 10. Renumbered Note 10 to Note 11. |
| 528.05(a)(2) | Updated subsequent history Brooks v. Creative Arts by Calloway, Note 4. Updated subsequent history Ballet Tech Foundation Inc., Note 4. |
| 528.05(b) | Deleted [Note 6] added information from note, TBMP reference, to paragraph 5. Delete [Note 7] added information from note, TBMP reference, to paragraph 5. NOTES: Deleted notes 6 and 7, added to text. |
| 528.05(c) | Added explanatory reference to TBMP §§ 704.09-704.11, paragraph 1. |
| 528.05(e) | Corrected "TBMP § 708" to "TBMP § 704.08," paragraph 4. Updated subsequent history Brooks v. Creative Arts by Calloway, Note 2. Added text, Akers v. Beal Bank, and reference to Fed. R. Civ. P. 56(c)(2), Advisory Committee Notes (2010 amendment), Note 9. Added pinpoint cite Safer, Inc, Note 10. |
| 528.05(f) | Corrected "TBMP § 528.05(a)" to "TBMP § 528.05(a)(1)," paragraph 2. |
| 528.07(a) | Removed "Trademark Act" before "§ 66(a)" and "15 U.S.C. § 1141f(a)" after "§ 66(a), paragraph 2. Removed "(Final Rule)" from Rules of Practice for Trademark-Related Filings Under the Madrid Protocol Implementation Act, Note 5. Added "§" before "66(a)" in parenthetical CSC Holdings LLC, Note 5. |
| 529 | Add pinpoint cite Maytag Co., Note 3. |
| 533.02(b) | Add pinpoint cite Byer California, Note 1. Added "v. Baumberger" to "Jules Jurgensen/Rhapsody Inc.," Note 1. Added "v. Baumberger" to "Jules Jurgensen/Rhapsody Inc.," Note 4. Added "v. Baumberger" to "Jules Jurgensen/Rhapsody Inc., Note 7. Add pinpoint cite Jules Jurgensen, Note 7. |
| 534.02 | Added pinpoint cite Atlanta Fulton County Zoo Inc, Note 1. Added pinpoint cite Pioneer Investment Services Company, Note 5. |
| 534.03 | Added Skincode AG v. Skin Concept AG to Note 4. |
| 535 | Deleted "Trademark Act" before "§ 8." Deleted "15 U.S.C. § 1058" after "§ 8." Deleted "Trademark Act" before "§ 9." Deleted "15 U.S.C. §1059" after "§ 9." |
| 543 | Added pinpoint cite Volkswagenwerk Aktiengesellschaft, Note 2. Added pinpoint cite Steiger Tractor Inc., Note 5. |
| 544 | Added Rolex Watch USA Inc., Note 2. Clarified parenthetical ); CTRL Systems Inc., Note 2. Clarified parenthetical Consorzio del Prosciutto di Parma, Note 2. Changed "Section" to "§§" in parenthetical In re Sotheby's Inc., Note 2. Clarified parenthetical Bass Anglers Sportsman Society, Note 3. Clarified parenthetical Djeredjian v. Kashi Co., Note 8. Clarified parenthetical Regatta Sport Ltd., Note 8. |
| CHAPTER 600 | |
| 601.01 | Note 2: add citation to Orouba Agrifoods Processing Co. v. United Food Import |
| 601.02 | Note 2: add citation to Orouba Agrifoods Processing Co. v. United Food Import |
| 602.01 | Note 3: add citation to Rolex Watch USA Inc. v. AFP Imaging Corp. Note 17: check and update McCarthy reference |
| 602.02(a) | Add new 3d paragraph, new [Note 6.] and Note 6, renumber remaining notes. Note 4: add citation to Christiane E LLC v. International Expedition Inc. New Note 6: add citation to Christiane E LLC v. International Expedition Inc. Note 16: check and update McCarthy reference |
| 604 | Add new [Note 1], Note 1 and citation to Multisorb Tech, Inc. v. Pactiv Corp. |
| CHAPTER 700 | |
| 702.04(a) | Note 2: add citation to Sheetz of Delaware |
| 702.04(b) | 3d para: clarify language between [Note 3.] and [Note 5.] New [Note 6.], Note 6. Notes 4, 5, 6: add citation to Chanel Inc. v. Makarczyk |
| 702.05 | Notes 1 & 2: add citation to Sheetz of Delaware Inc. v. Doctor’s Associates Inc. |
| 703.01(b) | Note 5: add citation to Joel Gott Wines LLC v. Rehobeth Von Gott, Inc. |
| 703.01(f)(2) | New [Note 2], Note 2 added, remaining notes renumbered. |
| 703.02(k) | Note 2: add citation to Nahshin v. Product Source International LLC |
| 704.03(b)(1)(A) | Note 14: correct citation for Industrial Adhesive Co. v. Borden, Inc. Note 19: move citation for Hewlett-Packard Co. v. Olympus Corp. within list of cases Note 24: add citation to Frito-Lay North America, Inc. v. Princeton Vanguard |
| 704.03(b)(1)(B) | Note 3: change "TRAM" to "internal USPTO trademark database" in parenthetical to Raccioppi v. Apogee Inc. |
| 704.03(b)(2) | Note 1: add citation to Syndicat Des Proprietaires Viticulteurs De Chateauneuf-Du-Pape v. Pasquier DesVignes Note 3: add citation to Frito-Lay North America, Inc. v. Princeton Vanguard |
| 704.08(a) | Note 5: add citation to Swatch AG (Swatch SA) (Swatch Ltd.) v. M.Z. Berger & Co. Note 6: add citation to City National Bank v. OPGI Management GP Inc./Gestion OPGI Inc. |
| 704.09 | Note 4: add citations to Swatch AG (Swatch SA) (Swatch Ltd.) v. M.Z. Berger & Co. and City National Bank v. OPGI Management GP Inc./Gestion OPGI Inc. |
| 704.10 | New paragraphs 9 & 10; new [Notes 13-15], new Notes 13-15 Note 2: add citation to Turdin v. Trilobite New Notes 13-15 |
| 704.11 | Note 1: add citation to Turdin v. Trilobite Note 2: add citations to Turdin v. Trilobite and Syndicat Des Proprietaires Viticulteurs De Chateauneuf-Du-Pape v. Pasquier DesVignes Note 8: add citation to City National Bank v. OPGI Management GP Inc./Gestion OPGI Inc. |
| 705 | Note 5: add citation to Chanel Inc. v. Makarczyk |
| 707.02(b) | Note 3: add citation to City National Bank v. OPGI Management GP Inc./Gestion OPGI Inc. |
| 707.03(a) | New [Note 1], Note 1, remaining notes renumbered. |
| 707.03(c) | Note 7: add citation to City National Bank v. OPGI Management GP Inc./Gestion OPGI Inc. |
| 707.03(d) | 2d para: add clarifying language to first sentence. |
| CHAPTER 800 | |
| 801.01 | 3rd para: new sentence, new [Note 3], new Note 3. Note 2: add citations to Joel Gott Wines LLC v. Rehoboth Von Gott Inc., Swatch AG (Swatch SA) (Swatch Ltd.) v. M.Z. Berger & Co., Central Garden and Pet Co. v. Doskocil Manufacturing Co., Syndicat Des Proprietaires Viticulteurs De Chateauneuf v. Pasquier DesVignes, General Mills Inc. v. Fage Dairy Processing Indus. SA |
| 801.02(d) | 1st para: delete parenthetical following TBMP § 539. 2d para: delete parenthetical following TBMP § 801.02(e) |
| 801.02(e) | 3d para: delete parenthetical following TBMP §§ 1007 and 1109 |
| 801.03 | 1st para: delete parenthetical following TBMP § 106.03 |
| 802.01 | 3d para: delete parenthetical following TBMP §§ 704.06 and 801.01 |
| 802.03 | 2nd para: Re-write of first two sentences |
| 805 | 1st para: delete parenthetical following TBMP §§ 515 and 1217. Note 1: add citation to Board of Trustees of University of Alabama v. Pitts |
| 806 | (6): delete parenthetical following TBMP § 805 |
| 807 | 1st para: delete parenthetical following TBMP § 805 |
| CHAPTER 900 | |
| 906.01 | New sentence after [Note 14.]; new ][Note 15.], Note 15; remaining notes renumbered |
| CHAPTER 1000 | |
| 1001 | Moved "Trademark Act § 16" after 15 U.S.C. § 1066, italicized quoted portion of statute after "1001 In General." Moved "15 U.S.C. § 1066" after "Trademark Act § 16" and removed "15 U.S.C. § 1066 and" after "Trademark Act § 18," Note 1. |
| 1002 | Added parenthetical In re Ratny, Note 1. Added parenthetical In re Kimbell Foods, Note 1. Added parenthetical In re Family Inns of America, Note 1. Added parenthetical Hy -Pure Laboratories, Inc., Note 6. Added parenthetical Cudahy Packing Co., Note 6. |
| 1004 | Removed "FINAL RULE" from citation to Rules of Practice in Trademark Cases, Note 1. |
| CHAPTER 1100 | |
| 1101.01 | Note 4: add citations to Turdin v. Trilobite, Ltd. and America’s Best Franchising Inc. v. Abbott |
| 1103.01(b) | Note 2: add citations to Turdin v. Trilobite, Ltd. and America’s Best Franchising Inc. v. Abbott |
| 1103.01(d)(2) | Notes 1 and 3: add citation to America’s Best Franchising Inc. v. Abbott |
| 1104 | Note 5: add citation to America’s Best Franchising Inc. v. Abbott |
| 1108 | Note 2: add citation to Turdin v. Trilobite, Ltd. Note 3: add citations to Turdin v. Trilobite, Ltd. and America’s Best Franchising Inc. v. Abbott |
| 1113.01 | Note 4: add citation to America’s Best Franchising Inc. v. Abbott |
| CHAPTER 1200 | |
| Table of Contents | 1208.02 Title of section modified |
| 1201.05 | 12th para: add new language, add new [Note 14], Note 14 |
| 1203.01 | New [Note 1.], Note 1, remaining notes renumbered Note 3: add citation to In re Sela Prods LLC; add subsequent history to City of Houston |
| 1203.02(e) | Note 2: add citations to In re Fiat Group Marketing & Corporate Communications S.p.A., In re Pedersen add subsequent history to City of Houston and District of Columbia |
| 1207.01 N. 1 | Note 1: add citations to In re Fiat Group Marketing & Corporate Communications S.p.A., In re Pedersen |
| 1208 | New [Note 1], Note 1, remaining notes renumbered. |
| 1208.01 | Note 5: Move In re Bayer Aktiengesellschaft in order of citations; add AOP LLC |
| 1208.02 | Title: change name New 1st paragraph, new [Note 1], [Note 2], Notes 1 & 2, remaining notes renumbered Note 4: add citation to In re Fiat Group Marketing & Corporate Communications S.p.A .; add subsequent history to City of Houston and District of Columbia |
| 1208.03 | 1st para: new language added just before [Note 4] 3rd paragraph: new last sentence, new [Note 15], Note 15 Note 4: add citation to In re Florists’ Transworld Delivery Inc. Note 5: Move In re Bayer Aktiengesellschaft in order of citations; add citation to In re Star Belly Stitcher , Inc. Note 7: add citation to In re Star Belly Stitcher, Inc. |
| 1208.04 | 1st para: new language added to sentence 1 Note 1: add citation to In re White Jasmine LLC Note 3: add citation to In re White Jasmine LLC Note 5: add citation to In re White Jasmine LLC |
| 1215 | Note 3: correct spelling of "distinctiveness" |
| 1216 | 4th para: first two sentences rewritten |
| 1218 | Note 1: add citation to In re Faucher Industries Inc. |
| Subject Matter Index | "Parties located outside the United States, Service By" under "Service of Papers" "Privilege Assertion" under "Requests for Production of Documents" |
