313.05 Permissive Counterclaims
A party may counterclaim to cancel a registration that is owned, but not pleaded, by an adverse party. A counterclaim to cancel a registration owned, but not pleaded, by an adverse party is a permissive counterclaim. [ Note 1.] The filing date of the counterclaim is the date of receipt in the Office of the counterclaim, with proof of service on the owner of record, or on the owner’s domestic representative, if one has been appointed, at the correspondence address of record in the Office, and with the required fee, unless the counterclaim is filed by Priority Mail Express® in accordance with 37 CFR § 2.198. [ Note 2.]
For information on fees for counterclaims, see TBMP § 308.02 and TBMP § 313.02.
NOTES:
1. See Fed. R. Civ. P. 13(b). Cf. 37 CFR § 2.106(b)(2)(i) and 37 CFR § 2.114(b)(2)(i) .