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37 CFR 11.49: Burden of proof

Taken from the USPTO's TM Federal Statutes and Rules, Last Revised in January 2018

CFR Part Index | Key Word Index
Part 11: Representation of Others Before the Patent and Trademark Office
Subpart C - Investigations And Disciplinary Proceedings; Jurisdiction, Sanctions, Investigations, And Proceedings

Previous: §11.46 | Next: §11.50

§11.49    Burden of proof.

In a disciplinary proceeding, the OED Director shall have the burden of proving the violation by clear and convincing evidence and a respondent shall have the burden of proving any affirmative defense by clear and convincing evidence.

[Added 73 FR 47650, Aug 14. 2008, effective Sept. 15, 2008]