Patent Appeal No. 9249. June 27, 1974. Nathan Cass, Westlake Village, Cal., atty. of record, for appellant. Joseph F. Nakamura, Washington, D.C., for Commissioner of Patents. Jere W. Sears, Washington, D.C., of counsel. Appeal from the Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. LANE, Judge. This appeal is from the decision of the Board of Appeals affirming the rejection, for insufficiency of disclosure under 35 U.S.C. § 112, first paragraph, of all the
(a) An application under section 1(a) of the Act, an amendment to allege use under § 2.76 , a statement of use under § 2.88 , an affidavit or declaration of continued use or excusable nonuse under § 2.160 , or an affidavit or declaration of use or excusable nonuse under § 7.36 must include one specimen per class showing the mark as actually used in commerce on or in connection with the goods or services identified. When requested by the Office as reasonably necessary to proper examination, additional
(a) An application for a trademark or service mark must include one or more of the following five filing bases: (1)Use in commerce under section 1(a) of the Act. The requirements for an application under section 1(a) of the Act are: (i) The applicant's verified statement that the mark is in use in commerce. If the verified statement is not filed with the initial application, the verified statement must also allege that the mark was in use in commerce as of the application filing date; (ii) The date