[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)]
[Rules and Regulations]
[Pages 52363-52364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21178]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Parts 2 and 7

[Docket No. PTO-T-2017-0004]
RIN 0651-AD15


Changes to the Trademark Rules of Practice To Mandate Electronic 
Filing

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Final rule, delay of effective date.

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SUMMARY: On July 31, 2019, the United States Patent and Trademark 
Office published in the Federal Register a final rule amending the 
Rules of Practice in

[[Page 52364]]

Trademark Cases and the Rules of Practice in Filings Pursuant to the 
Protocol Relating to the Madrid Agreement Concerning the International 
Registration of Marks. That final rule had an effective date of October 
5, 2019. This action changes the effective date to December 21, 2019.

DATES: The effective date of the final rule published on July 31, 2019 
(84 FR 37081) is delayed from October 5, 2019 to December 21, 2019.

FOR FURTHER INFORMATION CONTACT: Catherine Cain, Office of the Deputy 
Commissioner for Trademark Examination Policy, [email protected], 
(571) 272-8946.

SUPPLEMENTARY INFORMATION: The United States Patent and Trademark 
Office (USPTO) published in the Federal Register (84 FR 37081, July 31, 
2019) a final rule amending the Rules of Practice in Trademark Cases 
and the Rules of Practice in Filings Pursuant to the Protocol Relating 
to the Madrid Agreement Concerning the International Registration of 
Marks to mandate electronic filing of trademark applications and all 
submissions associated with trademark applications and registrations, 
and to require the designation of an email address for receiving USPTO 
correspondence, with limited exceptions.
    The effective date of the rule is being delayed to allow the USPTO 
additional time to prepare internally for implementation of the 
requirements associated with the mandate that applicants and 
registrants electronically file their trademark applications and all 
submissions associated with trademark applications and registrations, 
and that they designate an email address for receiving USPTO 
correspondence. This final rule would also provide the public an 
opportunity to more fully comprehend the nature of, and prepare to 
comply with, the new requirements before they are effective.

Rulemaking Requirements

    Administrative Procedure Act: This final rule revises the effective 
date of a final rule published on July 31, 2019 implementing procedures 
requiring the electronic filing of Trademark applications, and is a 
rule of agency practice and procedure, and/or interpretive rules 
pursuant to 5 U.S.C. 553(b)(A). See JEM Broad. Co. v. F.C.C., 22 F.3d 
32. (D.C. Cir. 1994) (``[T]he `critical feature' of the procedural 
exception [in 5 U.S.C. 553(b)(A)] `is that it covers agency actions 
that do not themselves alter the rights or interests of parties, 
although [they] may alter the manner in which the parties present 
themselves or their viewpoints to the agency.' '' (quoting Batterton v. 
Marshall, 648 F.2d 694, 707 (D.C. Cir. 1980))); see also Bachow 
Commc'ns Inc. v. F.C.C., 237 F.3d 683, 690 (D.C. Cir. 2001) (rules 
governing an application process are procedural under the 
Administrative Procedure Act); Inova Alexandria Hosp. v. Shalala, 244 
F.3d 342, 350 (4th Cir. 2001) (rules for handling appeals were 
procedural where they did not change the substantive standard for 
reviewing claims). Accordingly, prior notice and opportunity for public 
comment are not required pursuant to 5 U.S.C. 553(b) or (c) (or any 
other law). See Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336-37 
(Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C. 
2(b)(2)(B), does not require notice and comment rulemaking for 
``interpretative rules, general statements of policy, or rules of 
agency organization, procedure, or practice'' (quoting 5 U.S.C. 
553(b)(A)).
    Moreover, the Director of the USPTO, pursuant to authority at 5 
U.S.C. 553(b)(B), finds good cause to adopt the change in this final 
rule without prior notice and an opportunity for public comment, as 
such procedures would be impracticable and contrary to the public 
interest. Immediate implementation of the delay in effective date is in 
the public interest, because it would allow the USPTO additional time 
to prepare internally for implementation of the requirements associated 
with the July 31, 2019 final rule. This final rule would also provide 
the public an opportunity to more fully comprehend the nature of, and 
prepare to comply with, the new requirements before they are effective. 
Delay of this final rule to provide prior notice and comment procedures 
is impracticable, because it would allow the July 31, 2019 rule to go 
into effect before the agency is ready to implement the new 
requirements. Therefore, the Director finds there is good cause to 
waive notice and comment procedures for this rule.
    Finally, the change in this final rule may be made immediately 
effective, because this is not a substantive rule under 35 U.S.C. 
553(d). Moreover, pursuant to 5 U.S.C. 553(d)(1), the Director finds 
good cause to allow this final rule to be made immediately effective 
because it would allow the USPTO additional time to prepare internally 
for implementation of the requirements associated with the July 31, 
2019 final rule.

    Dated: September 24, 2019.
Andrei Iancu,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2019-21178 Filed 10-1-19; 8:45 am]
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