Error in GPO August 28 Printed TM Official Gazette (19Sep2007)
Posted by Kristen Cichocki at September 24, 2007 09:36 PM
Error in GPO's August 28 Printed TM Official Gazette (19Sep2007)
OMISSION OF MARKS IN AUGUST 28, 2007, GOVERNMENT PRINTING
OFFICE PRINTED EDITION OF THE TRADEMARK OFFICIAL GAZETTE
Due to an error by the Government Printing Office (GPO), GPO's August 28, 2007 printed version of the Trademark Official Gazette (TMOG) published incorrectly. In particular, Book 2 of GPO’s printed August 28, 2007 TMOG omitted the content intended for publication in that volume, and instead mistakenly contained the content designated to print in Book 2 of the following week’s edition.
All of the content mistakenly omitted from GPO’s printed TMOG was timely and properly included in the USPTO’s electronic TMOG dated August 28, 2007. While the USPTO regrets the inconvenience to GPO’s customers as a result of the GPO printing error, the USPTO’s electronic TMOG is the official version. See 68 FR 37803 (June 25, 2003). The five most recent electronic editions of the TMOG are always easily accessible on the USPTO website at http://www.uspto.gov/web/trademarks/tmog/.
Because the marks in question correctly appeared in the official version of the August 28, 2007 TMOG, the opposition period for these marks remains unchanged, regardless of their omission from GPO’s printed TMOG.
Lower-Cost Trademark Bulk Data from U.S. Patent and Trademark Office (18Sep2007)
Lower-Cost Trademark Bulk Data from U.S. Patent and Trademark Office (18Sep2007)
The United States Patent and Trademark Office (USPTO) announces plans to provide Trademark bulk data at lower cost. Effective January 1, 2008, the USPTO will change its distribution model for Trademark bulk data by eliminating all charges for downloadable daily files and reducing the price of retrospective data distributed on optical disc.
The following Trademark data files, currently available only by purchased subscription, will be downloadable at no cost as of January 1, 2008:
- Trademark Daily/XML files:
- Trademark Daily Applications file
(containing text data of applications filed, published for opposition, registrations issued, registrations renewed, registrations cancelled, registrations amended or corrected, registrations issued new certificates)- Trademark Daily Assignments file
(containing text data of ownership transfers)- Trademark Daily TTAB file
(containing text data of Trademark Trial and Appeals Board adversary proceedings)
- Trademark Daily Application Image 24 Hour Box
(containing images processed through the Trademark Image Capture and Retrieval System (TICRS) in a 24-hour Period, in JPEG (black and white, grey-scale, or color)) and TIFF (black and white) formats)In order to improve access to these downloadable data files, USPTO will implement a new account management and file retrieval system. New customers will be able to establish their own accounts online beginning January 1; existing customers will be transitioned to the new system.
The USPTO also offers optical discs containing Trademark Retrospective/XML files (Applications, Assignments, and TTAB), which are updated annually. After January 1 these discs will be available at a substantially lower cost; the ordering process for all optical discs will remain as described in the products and services catalog at http://www.uspto.gov/web/offices/ac/ido/oeip/catalog/index.html.
Additional details will be provided later this fall - for the latest information, see “What's New at CIS” on the USPTO website at http://www.uspto.gov/web/offices/cio/cis/prodsvc.htm. Please direct any questions or comments to Electronic Information Products Division, 571-272-5600 or ipd@uspto.gov.
Notice Regarding the Trademark Official Gazette (22Jun2007)
Posted by Kristen Cichocki at June 24, 2007 11:14 AM
Notice Regarding the Trademark Official Gazette (22Jun2007)
The Office expects the size of each of the July issues of the T rademark Official Gazette (OG) to be somewhat larger than usual. During the last six months, issues of the OG have generally included between 4,000 and 5,000 marks published for opposition. The Office expects that 6,000 - 7,000 marks may publish for opposition each week during July. In addition, the number of registration certificates issued each week in July will be larger than normal.
The larger OGs arise out of the Office's elimination of an unnecessary review of OG data, a cost-cutting, efficiency measure in the production of the OG. This measure decreases the time between approval for publication by the Examining Attorney and publication in the OG by about one week. The larger OGs in July result from a temporary overlap of work processed under the old and new production systems. After July, the size of the OG is expected to decrease, and will reflect work processed only under the new production system.
REPORT OF THE UNITED STATES PATENT AND TRADEMARK OFFICE CONCERNING THE PAPER SEARCH COLLECTION(08Jun2007)
Posted by Kristen Cichocki at June 10, 2007 08:05 PM
REPORT OF THE UNITED STATES PATENT AND TRADEMARK OFFICE CONCERNING THE PAPER SEARCH COLLECTION
OF REGISTERED MARKS THAT INCLUDE DESIGN ELEMENTS
(08Jun2007)
View and/or download a PDF of this notice at the following url:
http://www.uspto.gov/web/trademarks/reports/reportcongress20070604.pdf
Coming Soon: E-Mail with Direct Link to Issued Trademark Office Actions and Appeal Briefs to Replace E-Mailed Office Actions/Appeal Briefs (09May2007)
Posted by Kristen Cichocki at May 11, 2007 11:59 AM
Coming Soon: E-Mail with Direct Link to Issued Trademark Office Actions and Appeal Briefs to Replace E-Mailed Office Actions/Appeal Briefs (09May2007)
On May 26, 2007 , the USPTO will begin the transition to a new method of notification of applicants who have authorized e-mail communication with the USPTO of each issued Trademark Office action or Examining Attorney's Appeal Brief by an e-mail message containing a direct link to the Office action or Appeal Brief in Trademark Document Retrieval (TDR) ( http://portal.uspto.gov/external/portal/tow ). The USPTO will not send a separate e-mail with the Office action or Appeal Brief attached. Implementation will begin with a small number of USPTO attorneys using the new e-mail communication method for Office actions and Examining Attorney's Appeal Briefs. Full implementation with all USPTO attorneys using the new e-mail communication is expected in June 2007.
This new approach should benefit both applicants and the USPTO. For example, discontinuing the sending of an e-mail with the Office action/Appeal Brief attached will eliminate problems stemming from very large e-mails, when, for example, the Office action includes voluminous evidence. Currently, such situations require dividing the Office action and its evidentiary attachments into multiple e-mails to ensure delivery, which, in turn, necessitates opening different e-mails and files. TDR will provide direct access to the complete Office action/Appeal Brief and all attachments, either for direct viewing or downloading. Also, TDR gives easy access to all other information in the application file. TDR is available 24 hours a day, seven days a week, 365 days a year.
Coming Soon: E-Mail with Direct Link to Issued Trademark Office Actions and Appeal Briefs to Replace E-Mailed Office Actions/Appeal Briefs (27Apr2007)
Posted by Kristen Cichocki at April 27, 2007 01:08 PM
Coming Soon: E-Mail with Direct Link to Issued Trademark Office Actions and Appeal Briefs to Replace E-Mailed Office Actions/Appeal Briefs (27Apr2007)
On or about May 26, 2007 , the USPTO will notify applicants who have authorized e-mail communication with the USPTO of each issued Trademark Office action or Examining Attorney's Appeal Brief by an e-mail message containing a direct link to the Office action or Appeal Brief in Trademark Document Retrieval (TDR) (http://portal.uspto.gov/external/portal/tow). The USPTO will not send a separate e-mail with the Office action or Appeal Brief attached.
This new approach should benefit both applicants and the USPTO. For example, discontinuing the sending of an e-mail with the Office action/Appeal Brief attached will eliminate problems stemming from very large e-mails, when, for example, the Office action includes voluminous evidence. Currently, such situations require dividing the Office action and its evidentiary attachments into multiple e-mails to ensure delivery, which, in turn, necessitates opening different e-mails and files. TDR will provide direct access to the complete Office action/Appeal Brief and all attachments, either for direct viewing or downloading. Also, TDR gives easy access to all other information in the application file. TDR is available 24 hours a day, seven days a week, 365 days a year.
Confirming signatory authority
Posted by Stephen M. Nipper at March 29, 2007 12:28 AM
Confirming signatory authority. On March 3, 2007, the USPTO modified the TEAS response to Office action form and the petition to revive for failure to submit a timely response to Office action form to require filers to check one of three options, indicating the nature of the signatory's authority to sign and submit the response. When an unauthorized person signs and submits a response to an Office action, the USPTO does not accept or consider the substance of the response.
The USPTO intended these new options to help filers recognize where a proposed signatory lacks authority, so as to prevent situations where the USPTO cannot accept and consider the substance of the response. Examples of unauthorized persons include the following:
* non-attorneys who lack authority under Rule 10.14 to practice before the USPTO in trademark cases, except as an applicant representing himself/herself;
* foreign attorneys who are not members of the bar of any U.S. state and who do not qualify under the limited exception for reciprocally recognized Canadian attorneys/agents under Rule 10.14(c); and
* attorneys who attempt to replace another attorney of record without the appropriate filings for the substitution of counsel.
By requiring the confirmations directly within the new signature options, the USPTO seeks to ensure the legitimacy and propriety of the responses submitted. See Examination Guide NO. 3-06 Representing an Applicant/Registrant Before the USPTO (November 13, 2006).
The USPTO acknowledges that the changes introduced on March 3rd generated some confusion and concern. As an initial matter, the USPTO notes that the language for the new signature options had been posted in full under "Upcoming Enhancements" since January 3, 2007. The USPTO received no comments prior to the March 3rd deployment, and therefore was surprised by the outcry over the new options upon their implementation. Based on feedback received, the USPTO plans to modify the language for the three (3) buttons in the response signature section within an up-coming deployment, currently planned for March 24th, 2007 (see further information, below).
However, the USPTO maintains that, when the options as currently posted are considered in their entirety, including the bold heading that is part of each option, they comprehensively address the appropriate signatory situations. In particular, many commenters have expressed concern that no option seemed to apply to an authorized U.S. attorney who has represented the applicant since the filing of the application. The proper option is #2, which reads: "Attorney - No Other Attorney Has Previously Appeared: I hereby confirm that I am either (1) an attorney who is a member in good standing of the bar of the highest court of a U.S. state; or (2) a Canadian attorney/agent who has been granted reciprocal recognition under 37 C.F.R. §10.14(c) by the USPTO's Office of Enrollment and Discipline. I further confirm that (1) the applicant has not previously been represented in this matter by an authorized attorney; and (2) I am the applicantâs attorney or an associate of that attorney."
In focusing solely on the confirmation that "the applicant has not previously been represented in this matter by an authorized attorney," the commenters seemed to overlook both that the statement for the second option is made under the heading "No Other Attorney Has Previously Appeared" (emphasis added), and that the only two choices that apply to attorneys are "New Attorney -- Change of Attorney Has Occurred" and "Attorney -- No Other Attorney Has Previously Appeared." In context, the selection of the second option, where no other attorney has previously appeared, is appropriate and truthful for an authorized U.S. attorney who has represented the applicant throughout.
In any event, in an effort to address the confusion and concern with the new options, the USPTO posted both on the "Important Notices" section of TEAS and on the "News and Notices" section of the USPTO website a Notice on March 8, 2007, namely, âClarification of ROA Signature Options,â which includes among its guidance the instruction that "If you are an authorized attorney, and either you or an associated attorney or firm have appeared in this matter (e.g., by filing the original application), and the applicant was not previously represented by any other authorized attorney or agent, you should select Option 2. Option 2 is also proper where another attorney who is a member of the firm is filing the response on behalf of the attorney of record." The USPTO also plans to publish clarifying information in a Notice in the Official Gazette, as some attorneys have expressed a desire that the clarification be memorialized more formally.
As part of a deployment currently planned for March 24, 2007, the USPTO will modify the language within the form as shown below. In the future, the USPTO plans to expand this approach to all other forms requiring a similar authorized signature.
O Unrepresented Applicant,: I hereby confirm that
* No authorized attorney or Canadian attorney/agent represents me in this matter, and that I am either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and
* If an authorized U.S. attorney or Canadian attorney/agent previously represented me in this matter, either I have filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of my prior representative to withdraw.
ADVISORY: You may click this first button only if you are the applicant or legally authorized to bind the applicant, e.g., an officer of the applicant corporation or association, or a general partner of the applicant partnership. See TMEP §§712.01.
O Authorized U.S. Attorney: I hereby confirm that
* I am an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and
* I am currently the applicantâs attorney or an associate thereof; and
* To the best of my knowledge, if prior to my appointment another U.S. attorney or a Canadian attorney/agent not currently associated with my company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing me in this matter; or (4) the applicantâs appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing me as an associate attorney in this matter.
O Authorized Canadian Attorney/Agent: I hereby confirm that
* I am a Canadian attorney/agent who has been granted reciprocal recognition under 37 C.F.R. §10.14(c) by the USPTOâs Office of Enrollment and Discipline to represent Canadian applicants before the USPTO; and
* I am currently the applicantâs Canadian attorney/agent, or an associate thereof; and
* To the best of my knowledge, if prior to my appointment another Canadian attorney/agent or a U.S. attorney not currently associated with my company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing me in this matter; or (4) the applicantâs appointed Canadian attorney/agent or U.S. attorney has filed a power of attorney appointing me as an associate attorney in this matter.
ADVISORY: Foreign attorneys (other than authorized Canadian attorneys/agents) cannot sign this response and are prohibited from representing an applicant before the USPTO in trademark matters.
Post Registration forms
Post Registration forms.
On March 3, 2007, the USPTO enhanced the functionality of all Post Registration forms, to display the heading of âU.S. Classâ for registrations issued on the basis of applications filed on or before August 31, 1973 (currently, the forms improperly use the heading of âInternational Class,â whereas what is actually being displayed is the U.S. Class number). NOTE: Although intended to be part of the most recent release, the following enhancement has been temporarily postponed: At a later time, the filing of these forms will automatically change both the "Attorney of Record" and "Correspondence Address" data fields in the USPTO's TARR database. I.e., once the enhancement is deployed, it will no longer be necessary to file a separate âAppointment of Attorneyâ form or âChange of Correspondence Addressâ form to update those specific fields.
PDF files accepted
PDF files accepted
A reminder that the Response to Office Action form and the initial application form (both âregularâ and TEAS Plus versions) were enhanced (July 22, 2006 and March 3, 2007, respectively) to accept PDF files, for specimens, evidence, foreign registration certificates, miscellaneous statements, consents, and handwritten pen-and-ink signatures. However, a mark image will still only be accepted in JPG format.
Clarification of TEAS Response to Office Action Response Signature Options
Clarification of TEAS Response to Office Action Response Signature Options1
The purpose of this notice is to clarify the options on the Response Signature section of the TEAS Response to Office Action form2 entitled Unrepresented Applicant (Option 1); Attorney - No Other Attorney Has Previously Appeared (Option 2); and New Attorney - Change of Attorney Has Occurred (from attorney previously recognized by USPTO) (Option 3).
The term âattorneyâ refers to an individual who is a member in good standing of the bar of the highest court of any âstate,â which includes the District of Columbia, Puerto Rico, and other federal territories and possessions. See 37 C.F.R. §10.1(c). References in the signature section to âauthorizedâ attorneys and agents refer only to such U.S. attorneys or Canadian attorneys or agents authorized to practice before the USPTO under 37 C.F.R. §10.14.
If a foreign attorney (other than an authorized Canadian attorney/agent) is the only representative who has appeared on behalf of the applicant in this matter (e.g., a foreign attorney who is listed as the correspondence address in a §66 application), the foreign attorney is not authorized to practice before the USPTO under the rules, and the Office considers the applicant to be unrepresented. In this scenario, if you are either the applicant or a person(s) with legal authority to bind the applicant and you are not an authorized attorney, you should select Option 1; if you are an authorized attorney or agent, you should select Option 2.
If you are an authorized attorney, and either you or an associated attorney or firm have appeared in this matter (e.g., by filing the original application), and the applicant was not previously represented by any other authorized attorney or agent, you should select Option 2. Option 2 is also proper where another attorney who is a member of the firm is filing the response on behalf of the attorney of record.
If an authorized attorney or agent has been appointed or otherwise appeared on behalf of the applicant, the USPTO will not recognize a different attorney or agent who is not associated with that attorney or agent, until a new power of attorney, naming the new authorized attorney or agent and signed by the applicant, is submitted. Option 3 is intended to apply to scenarios in which a change of attorney has occurred from an authorized attorney or agent previously recognized by the USPTO. Changes to a firmâs name do not constitute a change of attorney.
____________________________________________________________________
1Changes were made within the signature section as part of a TEAS update on March 3, 2007. The form now requires for successful validation that the signatory âcheck offâ one of three different options, to confirm that the signatory is authorized pursuant to the rules governing representation of others before the USPTO to sign this response. 37 C.F.R. Part 10. See Examination Guide 03-6 (Representing an Applicant/Registrant before the USPTO, issued November 13, 2006).
2The Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action was similarly modified.
COMING SOON: E-Mail with Direct Link to Issued Trademark Office Action to Replace E-Mailed Office Actions(19Mar2007)
Posted by Kristen Cichocki at March 19, 2007 03:31 PM
COMING SOON: E-Mail with Direct Link to Issued Trademark Office Action to Replace E-Mailed Office Actions(19Mar2007)
Beginning in late spring, the USPTO will notify applicants who have authorized e-mail communication with the USPTO of each issued Trademark Office action by an e-mail message containing a direct link to the Office action in Trademark Document Retrieval (TDR) (http://portal.uspto.gov/external/portal/tow ). The USPTO will not send a separate e-mail with the Office action attached.
This new approach should benefit both applicants and the USPTO. For example, discontinuing the sending of an e-mail with the Office action attached will eliminate problems stemming from very large e-mails, when, for example, the Office action includes voluminous evidence. Currently, such situations require dividing the Office action and its evidentiary attachments into multiple e-mails to ensure delivery, which, in turn, necessitates opening different e-mails and files. TDR will provide direct access to the complete Office action and all attachments, either for direct viewing or downloading. Also, TDR gives easy access to all other information in the application file. TDR is available 24 hours a day, seven days a week, 365 days a year.
Clarification of TEAS Response to Office Action Response Signature Options (08Mar2007)
Posted by Kristen Cichocki at March 9, 2007 10:00 AM
Clarification of TEAS Response to Office Action Response Signature Options
(08Mar2007)
The purpose of this notice is to clarify the options on the Response Signature section of the TEAS Response to Office Action form2 entitled Unrepresented Applicant (Option 1); Attorney - No Other Attorney Has Previously Appeared (Option 2); and New Attorney - Change of Attorney Has Occurred (from attorney previously recognized by USPTO) (Option 3).
The term “attorney” refers to an individual who is a member in good standing of the bar of the highest court of any “state,” which includes the District of Columbia, Puerto Rico, and other federal territories and possessions. See 37 C.F.R. §10.1(c). References in the signature section to “authorized” attorneys and agents refer only to such U.S. attorneys or Canadian attorneys or agents authorized to practice before the USPTO under 37 C.F.R. §10.14.
If a foreign attorney (other than an authorized Canadian attorney/agent) is the only representative who has appeared on behalf of the applicant in this matter ( e.g ., a foreign attorney who is listed as the correspondence address in a §66 application), the foreign attorney is not authorized to practice before the USPTO under the rules, and the Office considers the applicant to be unrepresented . In this scenario, if you are either the applicant or a person(s) with legal authority to bind the applicant and you are not an authorized attorney, you should select Option 1; if you are an authorized attorney or agent, you should select Option 2.
If you are an authorized attorney, and either you or an associated attorney or firm have appeared in this matter ( e.g ., by filing the original application), and the applicant was not previously represented by any other authorized attorney or agent, you should select Option 2. Option 2 is also proper where another attorney who is a member of the firm is filing the response on behalf of the attorney of record.
If an authorized attorney or agent has been appointed or otherwise appeared on behalf of the applicant, the USPTO will not recognize a different attorney or agent who is not associated with that attorney or agent, until a new power of attorney, naming the new authorized attorney or agent and signed by the applicant, is submitted. Option 3 is intended to apply to scenarios in which a change of attorney has occurred from an authorized attorney or agent previously recognized by the USPTO. Changes to a firm's name do not constitute a change of attorney.
1 Changes were made within the signature section as part of a TEAS update on March 3, 2007. The form now requires for successful validation that the signatory “check off” one of three different options, to confirm that the signatory is authorized pursuant to the rules governing representation of others before the USPTO to sign this response. 37 C.F.R. Part 10. See Examination Guide 03-6 (Representing an Applicant/Registrant before the USPTO, issued November 13, 2006) . .
2 The Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action was similarly modified .
Notice of the Removal of the Paper Search Collection of Registered Word-Only Marks From Trademark Search Library (06Mar2007)
Posted by Kristen Cichocki at March 6, 2007 09:39 AM
Notice of the Removal of the Paper Search Collection of Registered Word-Only Marks From
Trademark Search Library in Arlington, VA (06Mar2007)
View and/or download a PDF of this notice at the following url:
http://www.uspto.gov/web/offices/com/sol/notices/72fr9932.pdf
United States Patent and Trademark Office Celebrates One-Millionth Electronically Filed Trademark Application (10 Jan 2007)
Posted by Kristen Cichocki at January 10, 2007 01:12 PM
PRESS RELEASE
Contact:
Jennifer Rankin Byrne
(571) 272-8400 or
jennifer.rankin_byrne@uspto.gov
United States Patent and Trademark Office Celebrates One-Millionth Electronically Filed Trademark Application
Milestone Underscores Success of Award-Winning Trademark Electronic Application System (TEAS)
Washington, D.C.-- The Department of Commerce's United States Patent and Trademark Office (USPTO) will mark an important milestone in its history today-the one-millionth Web-based trademark application using the Trademark Electronic Application System (TEAS). This achievement will be commemorated today at a 5 p.m. (ET) ceremony at the USPTO headquarters in Alexandria, VA.
Donald Junck, an entrepreneur from Sioux Falls, SD, filed the one-millionth electronic trademark application in November 2006 to protect his trademark, Bait Craft, which is used for fishing tackle boxes. As many small business owners have done, he filed the application himself, demonstrating how easy and convenient TEAS is to use--regardless of the applicant's location or resources.
Mr. Junck will join the most active corporate and law firm users of TEAS-Mattel, Inc., and the New York City-based law firm Fross Zelnick Lehrman & Zissu, P.C.-in being recognized in today's ceremony.
"As Donald Junck's story so perfectly illustrates, TEAS is designed to make the trademark application system easy and accessible, no matter how large or small the business or where it is located," said Jon Dudas, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. "We are gratified that TEAS has reached this important milestone, and are proud that today 94% of all new trademark applications are filed electronically."
"TEAS proved to be an important and effective tool in protecting my brand," said Mr. Junck. "I would encourage other entrepreneurs to use this system as well, as it saved me both time and money."
TEAS launched as a pilot program in November 1997. It allows anyone in the world with Internet access to file applications electronically 24 hours a day, 365 days a year. Developed with the goal of increasing participation in the trademark registration process, TEAS also has enhanced the quality of initial trademark applications and improved the speed and accuracy of their processing.
The USPTO has received numerous awards and recognitions for TEAS. These include: the Excellence.gov competition (2005 winner), the eGovernment Fellows Program (2004), the Government Technology Leadership Award (2000), the Innovations in American Government Award (2000 semi-finalist), and the Rochester Institute of Technology/USA Today Quality Cup Competition (2000 finalist).
For more information on TEAS, visit www.uspto.gov/teas/ .
U.S. Customs & Border Protection Trademark Recordation System
Posted by Stephen M. Nipper at December 26, 2006 04:38 PM
Please note that U.S. Customs
& Border Protection (CBP), a bureau of the Department of Homeland Security, maintains a trademark recordation system for marks registered at the United States Patent and Trademark Office. Parties who register their marks on the Principal Register may record these marks with CBP, to assist CPB in its efforts to prevent the importation of goods that infringe registered marks. The recordation database includes information regarding all recorded marks, including images of these marks. CBP officers monitor imports to prevent the importation of goods bearing infringing marks, and can access the recordation database at each of the 317 ports of entry.
In October 2005, CBP released the Intellectual Property Rights e-Recordation (lPRR) system, located at https://apps.cbp.gov/e-recordations/. This new system allows right holders to electronically file IPR recordation applications, thus significantly reducing, the amount of time normally required to process paper applications. Some additional benefits of the new system include:
Elimination of paper applications and supporting documents.
Copies of the certificate issued by the registering agency (U.S. Patent and Trademark Office or the Copyright Office) are retained by the right holder, not submitted to CBP.
Payment by credit card (preferred), check or money order.
Ability to upload images of the protected work or trademark, thus obviating the need to send samples to CBP.
Reduced time from filing of the application to enforcement by field personnel.
Information about how to obtain a recordation, and about CBP's Intellectual Property Rights border enforcement program, is available at CBP's web site, www.cbp.gov.
[Source: an insert in a Trademark Office mailing (issued trademark) received 2006.12.26]
MODIFICATIONS TO DESIGN SEARCH CODES
Posted by Kristen Cichocki at December 7, 2006 10:02 AM
MODIFICATIONS TO DESIGN SEARCH CODES
On or about January 7, 2006, the USPTO is planning to add approximately 80 new design search codes to the Trademark Design Search Code Manual. 1Many of the larger existing design code sections will be modified to create smaller sections. For example, 01.01.02 will be changed by removing any live documents that have a design with multiple stars with four points and putting these documents into a new code (01.01.12). This will leave all the single stars with four points in 01.01.02. It will also leave all inactive registrations in 01.01.02 whether they have one or more stars with four points. The new design codes will be applied to all new incoming trademark applications and to currently active (live) trademark applications and registrations in USPTO's automated trademark systems. They will not be applied to inactive (dead) registrations.
The following chart contains all of the design codes that have been modified along with the new search code numbers and descriptions.
2007 DESIGN CODE UPDATES
|
Design Codes - Modifications |
New Codes - Descriptions |
|---|---|
|
01.01.02 - Limited to one star with 4 points |
01.01.12 - More than one star with four points |
|
01.01.03 - Limited to one star with 5 points |
01.01.13 - More than one star with five points |
|
01.01.04 - Limited to one star with 6 points |
01.01.14 - More than one star with six points |
|
01.05.25 - Removed suns with rays |
01.05.04 - Suns with rays |
|
01.07.25 - Removed globes with bars, bands or wavy lines |
01.07.08 - Globes with bars, bands, lines not meridian or parallel lines |
|
01.15.03 - Removed flames on objects/words/numbers |
01.15.15 - Flames emanating from objects, numbers or words |
|
01.15.06 - Removed thought or speech clouds |
01.15.17 - Thought or speech clouds either empty or with wording/punctuation |
|
01.15.08 - Limited to single drops |
01.15.18 - More than one drop (including teardrops or raindrops) |
|
01.15.25 - Removed sound waves |
01.15.24 - Sound waves |
|
01.17.11 - Removed state of Texas |
01.17.12 - State of Texas |
|
02.01.01 - Removed heads, portraits, busts in profile |
02.01.37 - Heads, portraits, busts of men in profile |
|
02.01.20 - Removed merchants, store clerks and men in aprons |
02.01.38 - Merchants, store clerks and men in aprons |
|
02.01.32 - Removed nude men, men in underwear, bathing suits |
02.01.39 - Nude men, men in underwear, bathing suits or brief attire |
|
02.01.33 - Limited to men formed by letters, numbers, |
02.01.34 - Other grotesque men including men formed by plants and objects |
|
02.03.01 - Removed heads, portraits, busts in profile |
02.03.22 - Heads, portraits, busts of women in profile |
|
02.03.26 - Limited to women formed by letters, numbers, |
02.03.28 - Other grotesque women including women formed by plants and objects |
|
02.05.01 - Removed smiley faces |
02.11.16 - Smiley faces |
|
02.05.26 - Limited to children formed by letters, numbers, |
02.05.27 - Other grotesque children including children formed by plants and objects |
|
02.11.01 - Removed hearts on playing cards and as background |
02.11.12 - Hearts on playing cards |
|
02.11.02 - Removed smiley faces |
02.11.16 - Smiley Faces |
|
02.11.07 - Removed some gestures and hand imprints |
02.11.14 - Gestures formed by hands, fingers |
|
03.01.08 - Removed silhouettes of dogs |
03.01.07 - Silhouettes of dogs |
|
03.13.02 - Limited to mammals |
03.13.05 - Skeletons, skulls, bones of fish, birds, reptiles, insects, dinosaurs |
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04.01.02 - Removed objects with halos |
04.01.03 - Halos appearing on objects, letters, numbers and symbols |
|
05.05.01 - Removed roses |
05.05.02 - Roses |
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05.05.25 - Removed lotus flowers |
05.05.06 - Lotus flowers |
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05.11.25 - Removed peppers |
05.11.09 - Peppers |
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05.13.25 - Removed cotton and marijuana plants |
05.13.08 - Cotton plants |
|
06.09.08 - Removed golf courses |
06.09.09 - Golf courses, golf holes, putting greens |
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07.11.07 - Changed to roads without lines |
07.11.11 - Roads, streets, highways without lines or dividers |
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09.01.02 - Moved pockets with stitching to 090316 |
|
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09.03.08 - Removed neckties and bowties |
09.03.15 - Neckties and bowties |
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09.05.25 - Removed mortarboards |
09.05.11 - Mortarboards (graduation hats) |
|
10.07.25 - Removed stethoscopes |
10.07.05 - Stethoscopes |
|
11.03.01 - Removed glasses with stems |
11.03.15 - Glasses with stems |
|
11.03.03 - Removed coffee mugs |
11.03.16 - Coffee mugs |
|
15.05.04 - Removed computer mouse |
15.05.08 - Computer mouse |
|
16.03.07 - Removed monocles, lenses |
16.03.08 - Monocles, lenses |
|
18.11.25 - Removed oars and boat paddles |
18.11.07 - Oars and boat paddles |
|
20.01.01 - Removed quill pens and inkwells |
20.01.09 - Quill pens and inkwells |
|
20.05.01 - Removed open books |
20.05.05 - Open books |
|
21.01.25 - Removed rattles, pacifiers, teething rings |
21.01.15 - Rattles, pacifiers, teething rings |
|
21.03.01 - Removed soccer balls, volley balls, golf balls, |
21.03.15 - Soccer balls, volley balls |
|
21.03.04 - Removed golf clubs and hockey sticks |
21.03.22 - Golf clubs |
|
21.03.12 - Removed targets with crosshairs and alignment guides |
21.03.24 - Targets with crosshairs and alignment guides |
|
21.03.25 - Removed skateboards, surfboards, body boards, snowboards, golf tees |
21.03.26 - Skateboards |
|
24.01.03 - Removed shields and crests with numbers |
24.01.04 - Shield and crests with numbers |
|
24.09.01 - Moved checkered flags to 24.09.04 |
|
|
24.17.14 - Removed emoticons |
24.17.21 - Emoticons (icons that show emotions) |
|
24.17.25 - Removed Yin-Yang, recycling and peace symbols |
24.17.18 - Yin-Yang symbol |
|
26.01.15 - Limited to three circles |
26.01.30 - Four circles |
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26.01.26 - Removed helixes |
26.01.29 - Helixes |
|
26.01.28 - Moved thought or speech clouds |
01.15.17 - Thought or speech clouds |
|
26.03.13 - Limited to two ovals |
26.03.14 - Three or more ovals |
|
26.05.13 - Limited to two triangles |
26.05.14 - Three triangles |
|
26.07.01 - Removed diamonds with decorative border |
26.07.02 - Diamonds with decorative borders |
|
26.07.13 - Limited to two diamonds |
26.07.14 - Three diamonds |
|
26.09.13 - Limited to two squares |
26.09.14 - Three or more squares |
|
26.09.28 - Removed thought and speech clouds |
01.15.17 - Thought or speech clouds |
|
26.11.13 - Limited to two rectangles |
26.11.14 - Three or more rectangles |
|
26.11.27 - Removed oblongs as carriers |
26.11.26 - Oblongs as carriers |
|
26.11.28 - Removed thought and speech clouds |
01.15.17 - Thought or speech clouds |
|
26.13.13 - Limited to two quadrilaterals |
26.13.14 - Three or more quadrilaterals |
|
26.15.28 - Removed thought and speech clouds |
01.15.17 - Thought or speech clouds |
|
26.19.25 - Moved pyramids to 26.19.05 |
|
|
|
28.02 - Other forms of communication |
|
|
28.02.01 - Braille, Morse Code, Sign Language |
1 The Design Search Code Manual is available at http://tess2.uspto.gov/tmdb/dscm/index.htm , and will be updated accordingly.
Files on Tarr with Erroneous Publication Date Promptly Corrected
Posted by Kristen Cichocki at November 16, 2006 03:26 PM
Files on Tarr with Erroneous Publication Date Promptly Corrected
For a short period of time, there were approximately 970 applications that showed two Official Gazette publication dates on the Trademark Applications and Registrations Retrieval database (TARR). In one field, TARR erroneously listed the publication date as October 31, 2006, while in another field, TARR listed the publication date as October 24, 2006. The actual publication date for all of these applications was October 24, 2006.
Upon discovery of the conflicting entries in TARR, the Office promptly corrected the inaccuracies. At present, TARR indicates the correct publication date, as well as the appropriate status, for all of the applications.. Notices of opposition, or extensions of time to oppose, for these applications must be received within thirty days after the publication date of October 24, 2006.
Procedures for Submitting Amendments/Corrections to Trademark Applications After Publication
Posted by Stephen M. Nipper at September 2, 2006 10:31 AM
August 28, 2006 To improve the tracking and disposition of amendments and requests for corrections to trademark applications submitted after publication, the Office is providing the following recommended procedures. Once an application has been âapproved for publicationâ by the examining attorney, all amendments and requests for corrections are processed as amendments/corrections after publication. You can determine the status of your application and whether or not it has been âapproved for publicationâ or âpublished for Oppositionâ by entering the serial number in the Trademark Applications and Registrations Retrieval (TARR) database at http://tarr.uspto.gov/ .Applicants are strongly encouraged to review the information concerning their application in the TARR database and as published in the Official Gazette at http://www.uspto.gov/web/trademarks/tmog/ . Upon review of the information concerning your application, any requests for an amendment/correction should be faxed to Post Publication Amendments/Corrections at 571-270-9007 to ensure that they become part of the record for the relevant application. Requests to correct minor typographical errors entered by the USPTO, inquiries regarding the procedure for submitting a post-publication amendment, or questions regarding the status of a post-publication amendment can be e-mailed to TM Post Pub Query@uspto.gov.
All post-publications amendments/corrections should be submitted no later than 6 weeks after the publication date to insure that the amendment/correction can be considered prior to the issuance of the notice of allowance or registration certificate.
The TM Photocomp mailbox is no longer available for submission of amendments or requests for corrections after publication. The procedure has been changed to ensure that the requested amendment is matched with the proper application, uploaded into the database, and reviewed in a timely manner.
via: http://www.uspto.gov/web/trademarks/notices/appprocedures.htm
USPTO eTEAS now accepting PDFs (partially)
Posted by Stephen M. Nipper at July 24, 2006 10:29 PM
From: http://www.uspto.gov/teas/eTEASupcoming.html#PDFfile
PDF files for Response form: Except for mark image files, which the USPTO will continue to accept only in a JPG format, the USPTO has now enhanced the Response to Office Action (ROA) form* also to accept PDF files, specifically for the following:evidence
specimens
foreign registration certificates
consents
miscellaneous statements
signed declarationsWARNING: The USPTO will NOT permit submission of an overall response as a PDF file; i.e., the evidence section cannot be used to attach a multi-page document consisting of arguments, evidence, revised identifications of goods/services, additional statements, etc. Any portion of the ROA form that exists for a specific purpose must be used for that purpose, rather than trying to shoehorn a complete ROA within the PDF file.
Also, the submission must be complete within the "4 corners" of the actual transmitted document. Information only accessible through a link, but not part of the submission itself, will NOT be considered to be made of record. E.g., if you wish a catalogue to be considered as evidence, you must present the actual pages of the catalogue, and not merely reference that the catalogue is available for viewing at a particular URL. The examining attorney will NOT independently access any URL as part of the examination process, and any materials presented only "by reference" will not constitute part of the actual file.
* Throughout 2006-2007, the USPTO plans to enhance all other TEAS forms to allow for submission of PDF files, although again, the mark image will always be limited to a JPG file, due to constraints within other USPTO systems.
Request for Comments on Removal of Paper Search Collection of Marks That Include Design Elements (23June2006)
Posted by J Matthew Buchanan at June 26, 2006 10:43 AM
View and/or download a .pdf of this Notice at the following URL:
http://www.uspto.gov/web/offices/com/sol/notices/71fr36065.pdf
USPTO to Hold Conference on Protecting Your Intellectual Property in China and the Global Marketplace -- Seattle, July 12-13
Posted by J Matthew Buchanan at June 13, 2006 03:46 PM
The United States Patent and Trademark Office is sponsoring a two-day, free program on "China's Impact on Intellectual Property: Protecting Your Intellectual Property in China and the Global Marketplace.” The two day event will be held on July 12-13 at the Grand Hyatt Seattle.
Topics to be covered at the conference include China’s laws and regulations that may affect how a business protects and enforces its intellectual property, how best to protect business assets to avoid intellectual property problems in the first place, how to recognize when an intellectual property asset has been infringed, what to do if infringement occurs, and what the U.S. government is doing to improve the intellectual property protection and enforcement environment in China.
Companies of any size, from those contemplating entering the China market to those with an established presence in the country should be particularly interested in attending the conference. In addition,those who simply want to know more about protecting themselves against IP theft from abroad will also find the sessions very helpful.
This program is part of the USPTO’s continuing commitment to increase public awareness of intellectual property rights and the enforcement of these rights in the global marketplace.
The conference is free, but seating is limited. Register now.
USPTO to Hold Conference on Intellectual Property in the Global Marketplace in Nashville July 18
The United States Patent and Trademark Office will present a one-day conference on intellectual property basics for small and medium size businesses, entrepreneurs, and independent inventors and will provide information on the new realities of intellectual property counterfeiting and piracy in the global marketplace.
The conference will be held Tuesday, July 18 at the Nashville Marriott at Vanderbilt. The session will run from 8:30am to 5:00pm.
Deputy Under Secretary of Commerce for Intellectual Property Steve Pinkos will deliver opening remarks on Tuesday at 8:30am.
The conference is a component of USPTO’s small business campaign and is a part of the federal government’s Strategy Targeting Organized Piracy (STOP) and the USPTO’s continuing effort to increase public awareness about intellectual property and the enforcement of those rights in the global marketplace.
The conference is free, but seating is limited. Register now.
USPTO Program in China Underscores Importance of Protecting Geographical Indications and Trademarks (02JUN2006)
Posted by J Matthew Buchanan at June 5, 2006 09:10 PM
The United States Patent and Trademark Office (USPTO) and the China Trademark Office (CTMO) completed a successful weeklong program in China last week on “geographical indications” (GIs). The program was presented in Beijing and in Xiamen.
“Geographical indications” identify a good as originating in the territory of a World Trade Organization (WTO) member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. Examples of geographical indications from the United States include: "FLORIDA" for oranges; "IDAHO" for potatoes; "VIDALIA" for onions; and "WASHINGTON STATE" for apples.
The China program focused on protection of geographical indications through use of a trademark system. Like the United States, China protects geographical indications through a trademark system, administered by the CTMO. However, China has a second system for protecting geographical indications, administered through a separate government agency, which has led to confusion over protection of geographical indications and trademarks.
“The USPTO-CTMO geographical indications program represents a significant effort on behalf of each office to understand our respective systems for the protection of trademarks and geographical indications,” noted Jon Dudas, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. “Better mutual understanding will lead to certainty and confidence in the protection afforded to trademarks and geographical indications.”
Representatives of the Idaho Potato Commission and the Florida Department of Citrus, the owners of U.S. certification marks (a type of U.S. trademark) “Idaho Potatoes” and “Florida Citrus,” respectively, joined the U.S. delegation. A representative of Anheuser-Busch Companies, Inc. also accompanied the U.S. delegation to discuss the challenges in enforcing a pre-existing mark against a subsequent GI. The program featured a presentation by a representative of IP Australia, who discussed Australia’s experience in protecting GIs through a trademark approach.
USPTO Exam Guide for Geographical Indications Used on Wines and Spirits
Posted by J Matthew Buchanan at May 17, 2006 09:49 PM
The USPTO has made the following Exam Guide available:
Exam Guide 1-06
Geographical Indications Used on Wines and Spirits
Senator George Voinovich (R-OH) to Keynote USPTO IP Conference
Posted by J Matthew Buchanan at April 26, 2006 08:01 AM
Senator George Voinovich (R-OH) to Keynote USPTO IP Conference
Columbus, OH - May 15-16
The United States Patent and Trademark Office (USPTO) will present a two-day conference on intellectual property basics for small and medium size businesses, entrepreneurs and independent inventors and will provide information on the new realities of intellectual property counterfeiting and piracy in the global marketplace.
The conference will be held May 15-16 at the Hyatt Capital Square in Columbus, Ohio. The sessions run both days from 8:30 a.m. to 5:00 p.m.
Deputy Under Secretary for Intellectual Property Steve Pinkos will deliver opening remarks for the conference on Monday morning. Senator George Voinovich will deliver a keynote address at a luncheon later that day.
The conference is a component of USPTO’s small business campaign and is a part of the federal government’s Strategy Targeting Organized Piracy (STOP) and the USPTO’s continuing effort to increase public awareness about intellectual property and the enforcement of those rights in the global marketplace.
The conference is free, but seating is limited. Register now.
USPTO Seeks Nominees for Public Advisory Committees
Posted by J Matthew Buchanan at April 10, 2006 04:36 PM
USPTO Seeks Nominees for Public Advisory Committees
May 8 Deadline for Submissions
The United States Patent and Trademark Office is seeking qualified individuals to serve on its public advisory committees. Nominations are being requested for three members to each of the committees. Members are appointed by the Secretary of Commerce and serve for three years. Persons wishing to submit nominations should send the nominee's resume to the Chief of Staff, Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313-1450.
Electronic submissions for the patent advisory committee should be sent to PPACnominations@uspto.gov and to TPACnominatons@uspto.gov for the trademark advisory committee. Nominations must be postmarked or electronically transmitted on or before May 8, 2006.
For more information about the advisory committees and the duties and responsibilities of members see Public Advisory Committees.
Conference on Protecting Your Intellectual Property Rights in China and the Global Marketplace Set for Chicago, Illinois
Conference on Protecting Your Intellectual Property Rights in China and the Global Marketplace Set for Chicago, Illinois
May 4-5
The United States Patent and Trademark Office (USPTO) will sponsor a two-day seminar on "Protecting Your Intellectual Property Rights in China and the Global Marketplace” on Thursday and Friday, May 4-5, 2006, at the Hyatt Regency McCormick Place in Chicago, Illinois.
This free program, which is part of the federal government’s Strategy Targeting Organized Piracy (STOP), will provide comprehensive information on protecting and enforcing intellectual property in China for companies of any size, particularly small- and medium-sized enterprises (SMEs). If your company is thinking about entering the China market, if you already have an established presence in China or if you simply want to learn about how to protect your company against IP theft from abroad, you will want to attend this event.
Topics will include a review of China’s current laws and regulations affecting intellectual property (IP) protection and enforcement; protecting business assets to avoid IP problems from China; recognizing when an IP asset has been infringed; what to do if infringement occurs; and the U.S. government’s efforts to improve the IP protection and enforcement environment in China for U.S. industry.
Speakers at the seminar will include China IP experts, U.S. and/or Chinese government officials, representatives from U.S. and Chinese law firms servicing clients in China, and representatives from various U.S. companies.
The conference is free, but registration is required.
Conference on Intellectual Property in the Global Marketplace Set for Columbus, Ohio
Conference on Intellectual Property in the Global Marketplace Set for Columbus, Ohio
May 15-16
The United States Patent and Trademark Office (USPTO) will present a two-day conference on intellectual property basics for small and medium size businesses, entrepreneurs and independent inventors and will provide information on the new realities of intellectual property counterfeiting and piracy in the global marketplace.
The conference will be held May 15-16 at the Hyatt Capital Square in Columbus, Ohio. The sessions run both days from 8:30 a.m. to 5:00 p.m.
The conference is a component of USPTO’s small business campaign and is a part of the federal government’s Strategy Targeting Organized Piracy (STOP) and the USPTO’s continuing effort to increase public awareness about intellectual property and the enforcement of those rights in the global marketplace.
The conference is free, but seating is limited. Register now.
Welcome to RSS Mojo
Posted by Stephen M. Nipper at March 27, 2006 10:33 PM
RSS Mojo currently has two components: (1) US Patent and Trademark Office News and (2) IP Lawsuit Filing Updates.
1. US Patent and Trademark Office News
Unlike the Copyright Office, the Patent and Trademark Office doesn't yet have RSS feeds of their News & Notice's page. We've done it for you. You can subscribe via RSS or via e-mail.
a. RSS feeds:
Official Gazette and Federal Register Notices
General Announcements
Patent News and Notices
Trademark News and Notices
OR, all of the above: ALL PTO News and Notices
b. E-mail subscription:
J. Matthew Buchanan 
Stephen M. Nipper 
Douglas Sorocco 