37 CFR § 228.1 - Claimant or counterclaimant's failure to complete service.

---
identifier: "/us/cfr/t37/s228.1"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 228.1 - Claimant or counterclaimant's failure to complete service."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "228.1"
section_name: "Claimant or counterclaimant's failure to complete service."
chapter_name: "U.S. COPYRIGHT OFFICE, LIBRARY OF CONGRESS"
subchapter_number: "B"
subchapter_name: "COPYRIGHT CLAIMS BOARD AND PROCEDURES"
part_number: "228"
part_name: "CLAIMANT'S FAILURE TO PROCEED"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "17 U.S.C. 702, 1510."
regulatory_source: "87 FR 30088, May 17, 2022, unless otherwise noted."
cfr_part: "228"
---


# 228.1 Claimant or counterclaimant's failure to complete service.

(a) *Failure to serve a respondent who is not a necessary party.* If a claimant fails to timely complete service on a respondent who is not a necessary party, pursuant to § 222.14 of this subchapter, the Copyright Claims Board (Board) shall dismiss that respondent from the proceeding without prejudice. The proceeding shall continue against any remaining respondents.

(b) *Failure to serve a respondent who is a necessary party.* If a claimant fails to timely complete service on a respondent who is a necessary party, pursuant to § 222.14 of this subchapter, the Board shall dismiss the proceeding without prejudice.

(c) *Complete failure to serve respondents.* For a claim to proceed, a claimant must complete service on at least one respondent. If a claimant does not timely file any proof of service, the Board shall dismiss the proceeding without prejudice.