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Declaration Of Interference-Petition To Commissioner
DECLARATION OF INTERFERENCE-PETITION TO COMMISSIONER
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE IN THE MATTER OF [CONFLICTING APPLICATIONS FOR THE REGISTRATION OF THE MARK] SUBMITTED BY [petitioner] AND [respondent]
INTERFERENCE NUMBER [inserted by PTO]
PETITION FOR DECLARATION OF INTERFERENCE
TO THE COMMISSIONER OF PATENTS AND TRADEMARKS:
The undersigned, by [his or her] attorney , hereby petitions in accordance with Section 2.91(a) of Title 37 of the Code of Federal Regulations for a declaration of interference between the above-named applicants for registration of the trademark [Name of trademark].
In support of this request, petitioner would show as follows: [facts showing that each application would be registrable except for the other].
This conflict cannot be resolved through either opposition or cancellation proceedings for the following reasons: [Reason for inability to resolve conflict].
Wherefore, petitioner requests that an interference be declared to exist between the applications and that a hearing be held to determine which of the above-named applicants is entitled to register the trademark [Name of trademark].
Signature Date
State of [State of Notary Public]
County of [County of Notary Public]
[Name of petitioner or person authorized to sign], being sworn, states that [he or she] is [the petitioner named in the foregoing petition or the person authorized to sign for the petitioner named in the foregoing petition]; that [he or she] has read and signed the petition and knows the contents thereof; and that the allegations are true, except as to the matters stated therein to be on information and belief, and as to those matters [he or she] believes them to be true.
Signature Date