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Update from the USPTO Trademark News and Initiatives

Update from the USPTO Trademark News and Initiatives. Deborah S. Cohn Commissioner for Trademarks January 31, 2012. 1. Trademark Staffing. 639 total Trademark employees 378 examining attorneys 90% of examining attorneys telework Hiring

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Update from the USPTO Trademark News and Initiatives

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  1. Update from the USPTOTrademark News and Initiatives Deborah S. Cohn Commissioner for Trademarks January 31, 2012 1

  2. Trademark Staffing • 639 total Trademark employees • 378 examining attorneys • 90% of examining attorneys telework • Hiring • We are in the process of hiring a new class of examining attorneys 2

  3. PerformanceResults Application Filings E-Government Pendency Quality

  4. Trademark Performance:Application Filings • FY 2010: 368,939 classes • FY 2011: 398,667 classes • FY 2012 : projected 413,000 classes 4

  5. Trademark Performance:E-Government • FY 2011 Goal: 68% • FY 2011 Results: 73% • FY 2012 Goal: 74% • FY 2012 1st Quarter: 75% 5

  6. Trademark Performance:Pendency 6

  7. Trademark Performance:Quality 7

  8. New Performance Measure:Excellent Office Actions Criteria for Excellence 1. Correctness in decision making • The quality of the search • Quality and relevance of evidence attached 4. Clarity of the written Office Action Office action must meet all 4 criteria to be considered excellent

  9. Trademarks Dashboard

  10. User Outreach Paper Filer Focus Groups Follow Up to Bose Roundtable Disclaimer Roundtable Litigation Study Meeting Trilateral Meeting

  11. Paper Filer Focus Groups • The USPTO strives to increase the use of electronic submissions. • Trademarks held 6 focus groups throughout the U.S. on electronic communications with our users. 11

  12. Paper Filer Focus Groups Major Issue from Focus Group: • Paper filers get earlier notice of publication than those who have authorized electronic communications. • As a result of the focus groups, electronic notices of publication are emailed when the paper advance notice normally sent.

  13. Best Method of Maintaining a Use-Based Register • In re Bose Corp., 580 F.3d 1240 (Fed. Cir. 2009) changed the fraud standard from the line of cases following Medinol Ltd. V. NeuroVasx Inc., 67 USPQ2d 1205 (TTAB 2003). • Bose raised issues of the integrity of register regarding allegations of use 13

  14. Best Method of Maintaining a Use-Based Register • On July 12, 2011, the Office issued a Notice of Proposed Rule Making (NPRM) to allow the USPTO to requiremore information and specimens. • Comments on the NPRM were accepted through September 23, 2011 • Working on final Rulemaking 14

  15. Disclaimer Roundtable • On June 21, 2011, the USPTO held a disclaimer roundtable in response to recent changes to the laws in the UK, Australia and Canada eliminating disclaimers. • New Examination Guide with additional examples and clarification of existing policy

  16. Litigation Study Meeting • On November 29, 2011, the USPTO held a meeting to discuss the feasibility of IP Bar Associations providing education regarding trademark policing measures and tactics. • Working on future outreach to small businesses, individuals

  17. Trilateral Trademark Meeting • The USPTO, European Union Trademark Office, Japanese Patent Office and Korean Intellectual Property Office met at USPTO on 12/5-7 • China (SAIC) and WIPO attended as observers (China has since joined as full member)

  18. Recent Improvements Assignment Enhancements TEAS

  19. Assignments on the Web • Notices of Recordation are now sent via email, not fax for those who authorize email. • Underlying assignment documents are now viewable on our website. Paper Filer Focus Groups 19

  20. TEAS The latest TEAS release incorporated 36 changes and upgrades. Highlights: • Multiple e-mail addresses • Multimedia files may be attached in new applications • Saved portable forms will retain any attachments. • teas@uspto.gov– for questions or suggestions regarding electronic filing

  21. TMNG: Trademarks Next Generation

  22. Trademarks Next Generation Goals: (1) Separate Trademark from Patent systems (2) Become virtual (3) Deploy a 21st century IT platform 22

  23. Trademarks Next Generation • Internal and external users of Trademark systems were asked for their input. • Over 300 suggestions were received. • tmideas@uspto.gov– for suggestions for TMNG 23

  24. Trademarks Next Generation Trademark Status and Document Retrieval, (TSDR) was made live on December 19, 2011. Cloud based, TSDR combines TARR and TDR 24

  25. Trademark Videos TM Expo Educating the Public

  26. Educating the Public: TMIN Videos • 10 videos now available to the public 26

  27. Educating the Public: TMIN Videos • Introduction to the USPTO and Trademark Basics • Before You File • Searching • Applicant Information • Drawing Issues • Goods and Services • Filing Basis Information • Specimen • After You File • Post-Registration Issues 27

  28. Educating the Public: TM Expo

  29. USPTO Communications Additional e-mail addresses for suggestions and feedback: tmfeedback@uspto.gov– for miscellaneous suggestions and/or comments tmtmep@uspto.gov– for suggestions for future revisions of the TMEP 29

  30. Thank You Questions? Deborah S. Cohn Commissioner for Trademarks Debbie.Cohn@uspto.gov 30

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