(163)                      Renewal Applications and
                             Section 8 Affidavits

   There has been a noticeable increase in the number of petitions 
requesting provisional acceptance of defectively executed Section 8 
Affidavits and Renewal Applications under 35 U.S.C.    26, the most 
common problem being a lack of notarization or a Rule 2.20 declaration. 
Often, such petitions are necessitated by the failure of registration 
owners to file the documents early enough to leave time in which to 
correct should they prove defective.
   Section 8 Affidavits may be filed beginning with the fifth
anniversary of the registration. The period for filing expires on the
sixth anniversary of the registration. The period for filing Renewal
Applications begins six months before the twentieth anniversary of the
registration and extends three months beyond the expiration of the
twenty year term. While the Post Registration Division may allow up to
six months to respond to a notice of defect, it may not allow corrective
action beyond the period for filing established by the Trademark Act. It
is therefore in the registrant's best interest to file such documents as
close to the opening date as possible to allow time for correction, if
necessary. Provisional acceptance under 35 U.S.C.    26 has been, and
will continue to be, given narrow application. Registrants should not
rely on 35 U.S.C.    26 as a means of acquiring an extension of time.
   We have also become aware of many delays caused by defects in the
chain of title. Registrants are encouraged to keep Patent and Trademark
Office assignment records current with regard to ownership of
   The filing of Post Registration documents at the earliest date and
maintenance of assignment records will help to avoid the cancellation
or expiration of registrations of trademarks currently in use, and will
result in a savings of time and expense for both the registrant and the
Patent and Trademark Office.

Apr. 19, 1983                                         MARGARET M. LAURENCE
                                                    Assistant Commissioner
                                                            for Trademarks

                                [1030 TMOG 37]