Director's Forum: A Blog from USPTO's Leadership
Director's Forum: A Blog from USPTO's Leadership
Friday Jun 24, 2016

Trademarks Moving Forward

Guest blog by Commissioner for Trademarks Mary Boney Denison

Our Trademarks Team is leading efforts to meet the continually changing intellectual property environment – by updating our IT systems, developing educational outreach programs, improving the accuracy and integrity of the trademark register, and ensuring that our trademark fees are fair and that they reflect the full cost of our services and products. It is our ongoing commitment to ensure accountability and to guarantee customer satisfaction.

As part of our multi-year effort to update our IT systems, I am pleased to announce that we have established the Office of the Deputy Commissioner for Trademark Administration to support IT, finance, and strategic planning. Earlier this month, Greg Dodson joined USPTO to fill this role. Greg’s primary responsibilities will be to manage the completion and transformation of the next generation of Trademark electronic systems, lead the financial management of the Trademark Organization, and guide the strategic vision of the Trademark Organization. A retired Air Force Colonel, Greg is a strong strategic thinker and an experienced senior leader who has led thousands in the U.S. and abroad throughout his career. His most recent position was a Senior Analyst and A2AD Subject Matter Expert in General Dynamics’ War Gaming Division. Greg has a Bachelor of Science degree in Management Information Systems from Florida State University, a Master of Science in National Resource Strategy from the National Defense University, and a Masters of Education in International Relations from Northwestern Oklahoma State University.

The Deputy Commissioner for Trademark Administration will be supported by two newly created senior level positions: the Information Technology Administrator and the Information Technology Legal Administrator. Information Technology Administrator Glen Brown is our subject matter expert for the continued development of Trademark IT systems, and Information Technology Legal Administrator Tanya Amos will serve as our subject matter expert for the interactions of Trademark applicants and their attorneys regarding Trademark IT systems.

Additionally, Trademarks is actively engaged in developing educational outreach programs that will offer the best possible intellectual property (IP) guidance and training to all. One of the ways in which we are educating the public is through a series of videos from our Trademark Information Network (TMIN). There are numerous videos covering an array of subject matters. One of our most popular videos, “Basic Facts About Trademarks: What Every Small Business Should Know Now, Not Later,” has now surpassed 500,000 views. It is quite apparent that the public sees value in these learning materials. We will continue to provide this service and look forward to expanding upon it in the future. We know that trademark litigation has the potential to harm small businesses, and we are committed to providing our stakeholders with resources to promote understanding of trademark basics, enforcement measures, and available tools for protecting and enforcing trademark rights.

Moreover, Trademarks is continually taking strides to improve the accuracy and integrity of the trademark register. In 2012, the USPTO instituted a pilot program which required additional specimens or other proof of use in connection with 500 randomly selected Section 8 or 71 Affidavits of Continued Use. At the conclusion of the pilot, the USPTO determined that in more than half of the trademark registrations selected, the owner was unable to verify the actual use of the mark for the goods/services queried. This was in spite of the owner having previously sworn to such ongoing use as part of a Section 8 or 71 affidavit filed to maintain the registration. We issued a report on the results and held a roundtable to discuss the results and next steps. The results of the pilot are available on the Trademarks Recent Postings page on the USPTO website. The consensus among roundtable participants was that the results of the pilot program indicated a need for some action to improve the accuracy and integrity of the register.

We at the USPTO agree with this conclusion and are now working to make the random audits permanent and to increase the solemnity of the declaration for Sec. 8 affidavits. A Notice of Proposed Rulemaking (NPRM) to make our random audits program permanent published June 22 in the Federal Register. Increasing the solemnity of the declaration does not require a rule change, but, later this summer, we plan to post the new language on Ideascale, an interactive online program that allows you to provide suggestions and comments. Additionally, we are considering proposing one or more new or revised procedures to cancel registrations for marks that are either no longer in use or have never been used. On April 28, the Trademark Public Advisory Committee convened an executive session to discuss the possibility of a new expungement procedure as well as several streamlined TTAB cancellation procedures. Preliminary meetings have since begun with various stakeholder groups and will continue over the next month to discuss our ideas and obtain feedback to aid us in fully developing the concepts.

Finally, last month, Trademarks published an NPRM to modify some of our fees. The purpose of this fee proposal is to further USPTO strategic objectives by: (1) better aligning fees with the full cost of products and services; (2) protecting the integrity of the register by incentivizing more timely filing or examination of applications and other filings, and more efficient resolution of appeals and trials; and (3) promoting the efficiency of the process, in large part through lower-cost electronic filing options.

We hope to implement these fee changes in January 2017. Some key proposals are:
• Increase the fee for the paper filed application for registration by $225 to $600 per class.
• Increase fees for all other paper filings by $100 per class.
• Increase the fee for a regular TEAS application for registration by $75 to $400 per class.
• Increase the fee for failing to meet TEAS Plus or TEAS RF requirements from $50 to $125 per class.
• Increase fees for filing an affidavit of use under section 8 and 71 by $50 for filing electronically or $150 for filing on paper.
• Increase the fee for filing an ex parte appeal from $100 to $200.
• Increase the fees for filing oppositions and cancellations from $300 to $400.

By modifying these fees, we hope to discourage paper filings and responses (which cost the office more to process), further incentivize electronic filing and communication, and promote fairness so that the cost of paper processing is not being subsidized by electronic filers. Comments on the fee proposals are due by July 11, 2016. Please let us know what you think.

The Trademarks Team remains committed to increasing the efficiency of its processes and procedures. We are excited about moving forward, as we enhance our customers’ experience of doing business with the USPTO.


Tuesday Jan 05, 2016

Five Largest Trademark Offices Hold Annual Meeting at the USPTO

Guest Blog by Commissioner for Trademarks Mary Boney Denison

The USPTO is dedicated to working closely and regularly with its trademark office counterparts worldwide to cooperate on processes and exchange best practices. With that in mind, we hosted the 2015 TM5 Annual Meeting at USPTO headquarters December 1-2. The TM5 comprises the five largest trademark offices in the world: the USPTO, the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the European Union’s Office for Harmonization in the Internal Market (OHIM), and the Trademark Office of the State Administration for Industry and Commerce of the People’s Republic of China (SAIC). The annual meeting saw progress on a number of cooperative projects, including a vote to expand invitations to other countries to participate in the USPTO-led ID List Project, (which I’ll tell you more about below).

The TM5 is an outgrowth of the Trademark Trilateral, a cooperative framework established by JPO, OHIM, and the USPTO in 2001. That framework was expanded to include KIPO and SAIC in 2011 and 2012, respectively, and the group became known as TM5. The TM5 framework allows the partner offices to exchange information on trademark-related matters and to undertake cooperative activities aimed at harmonizing or improving their respective trademark protection systems and procedures. The 2015 TM5 Annual Meeting also included sessions with users, designed to obtain feedback on the existing efforts and to generate ideas and discussion about future work.

The work of the TM5 is structured through cooperative projects designed to improve users’ interactions with national trademark offices and the World Intellectual Property Organization (WIPO). These projects include, among others, minimizing bad faith filings, TMview, common status descriptions and ID List, and comparison of examination results and Madrid Protocol procedure.

Minimizing Bad Faith Filings

The TM5 partners continue to make efforts to minimize the incidence of bad faith trademark filings around the world by exchanging best practices in order to provide more transparent information to users. To that end, the TM5 published a report summarizing the partners offices’ best practices. The TM5 agreed at the 2015 Annual Meeting to continue to hold seminars with users and other national trademark offices to generate recommended solutions to this global problem. The next seminar for the TM5 partners to engage with users will be held in Tokyo, on March 1, 2016.

TMview

In order to make it easier for trademark applicants to access trademark information and to conduct global trademark clearance searches, the TM5 partners provide their trademark data to OHIM, the designated project leader for “User Friendly Access to Trademark Information.” The project, also known as “TMview,” allows users to conduct a single search of multiple databases, including data from OHIM, WIPO, and 43 trademark offices (which includes the USPTO, JPO, and KIPO). The TM5 partners expect that the trademark data from SAIC will be added to the system in 2016. TMview also provides a link to access the trademark prosecution history and all associated documents of an application file, if that information is provided by the national office.

Common Status Descriptors and ID List

To help make the search results of TMview or TM5 partner offices more understandable for users, the TM5 partners are developing and implementing “common status descriptors,” or uniform terms and icons that multiple national offices can use to signify the particular status of trademark registrations and applications. The USPTO is the designated lead for this project.

To improve global filing, the USPTO also leads a project to develop a harmonized global “pick list” of preapproved and pre-classified identifications (IDs) of goods or services and their translations, called the “TM5 ID List.” All of the TM5 partners participate in this project, as well as the national trademark offices of Canada, the Philippines, Singapore, Mexico, the Russian Federation, Colombia, and Chile. The ID List is now available online and is fully searchable. By including entries from this list in trademark applications filed in any of the participating countries, trademark applicants may avoid a refusal on the ground that the identification is indefinite or otherwise unacceptable. One significant development at this year’s TM5 Annual Meeting was a decision by the partners to expand the project to additional countries so that the TM5 ID List can be a truly global tool for use in offices around the world.

Comparison of Examination Results and Madrid Protocol Procedure

The TM5 partners are now comparing examination results for applications filed before each of the partners’ offices to see where practices might diverge or converge, in order to gain a better understanding of the partners’ practices and policies. The applications currently being reviewed were filed in all of the partner offices using the Madrid Protocol. Such analysis could provide helpful information to users, as well as to the partner offices regarding the ability to register applied-for marks.

Additionally, JPO leads a project to standardize information provided by the TM5 partner offices regarding practice and procedure related to designations under the Madrid System. This project will make it easier for global users to understand how to navigate prosecution in the various TM5 partner offices when filing via the Madrid Protocol.

A full list of the topics discussed at the TM5 Annual Meeting, as well as more information about TM5 in general, may be found on the TM5 website. SAIC will act as Secretariat in 2016 and will host the TM5 meetings, including the TM5 Annual Meeting, in China.

Wednesday Jun 11, 2014

More Details on Trademark Fee Reductions

Guest blog by Commissioner for Trademarks Deborah Cohn

Recently, Deputy Director Lee blogged about the status of the USPTO’s operating reserves. I want to tell you more about our proposal to reduce total trademark fee collections. The reduction is possible due to efficiencies that have allowed the office to create an operating reserve. The proposed reduction maintains a reserve sufficient to manage operations and address long term investments.

The notice of proposed rulemaking was published in the Federal Register last month and the deadline for public comment is June 23. The proposal would reduce many trademark application filing fees and renewal fees by 15 to 25 percent depending on how the application is filed. We’re especially pleased to be able to offer even lower fees for filing electronically, and accepting email communications from the USPTO, options that have proven to be popular with the majority of trademark filers.

The USPTO proposes to reduce the fee for an application filed using the regular TEAS application form by $50 to $275 per class if the applicant authorizes email communication and agrees to file all responses and other documents electronically during the prosecution of the application. This option will be known as a TEAS Reduced Fee (“TEAS RF”) application. The USPTO also proposes to reduce by $50 the fee for a TEAS Plus application to $225 per class and reduce by $100 the fee for a TEAS renewal of a registration to $300 per class.

The proposed fee reductions will reduce processing costs and promote efficiency for the USPTO and our customers. The proposal will also further a USPTO strategic objective to increase the end-to-end electronic processing of trademark applications by offering additional electronic application processing options and promoting online filing, electronic file management, and workflow.

The proposed reductions were included in the USPTO’s FY 2015 budget request. Fee reductions will be implemented in accordance with the America Invents Act (AIA) following public notice, comment, and rulemaking procedures. Our plan is to have the reduced fees become effective beginning in January 2015.

We look forward to working with our customers to offer lower cost options for filing and maintaining trademark registrations. Again, written comments must be received by June 23 to ensure consideration.

Thursday May 01, 2014

Trademark Performance Update

Guest blog by Commissioner for Trademarks Deborah Cohn

The results for the second quarter of fiscal year 2014 demonstrate continued high performance by our Trademark team in meeting our strategic performance goal targets. I invite you to take a look at our updated performance, filing, and registration data that are now available on the Trademark dashboard.

The office has made great progress towards setting and achieving high quality standards. Quality results are evidence that the specialized training, online tools, and enhanced communication efforts we’re using are proving effective. The results for our newest quality standard for assessing efforts that go beyond procedural and statutory correctness continue to exceed our expectations. They demonstrate ‘exceptional’ results preparing a first action.

First action pendency—the time from filing to the initial examination—has been consistently maintained within the target range to issue a first action between 2.5 and 3.5 months from filing. Pendency to registration continues to remain at historically low levels. Disposal pendency—the time from when an application is filed until a trademark is registered or abandoned or a notice of allowance is issued for applications that are not in use—averaged 10.2 months, under the 12-month target. These results are due in part to the progress made from greater acceptance of electronic filing and in particular use of TEAS Plus applications which now make up 40 percent of new filings and more than 36 percent of new classes. Electronic filing and communications promotes more efficient and cost effective processing now comprises 80 percent of all applications processed to disposal.

Trademark application filings continued an upward trend, increasing by more than 4 percent compared to a year ago. New applications are expected to increase by nearly 5 percent this fiscal year to 455,000 classes.

We welcome any feedback you have on how we can improve the information presented through the Trademark Dashboard. Simply email a comment to our dedicated mailbox. We look forward to hearing from you.

Thursday Aug 22, 2013

Update on Trademark Performance From our Third Quarter Dashboard

Guest blog by Commissioner for Trademarks Deborah Cohn

This month marks another record performance by our Trademarks team. Our goal to issue a first action between 2.5 and 3.5 months from filing has been met every month for six consecutive years now. This record is the result of a number of factors including greater use of the systems, tools, and resources necessary to manage new application filings electronically and the increased participation by applicants in filing and communicating electronically throughout the process. You can see this data on the Trademark dashboard, which has been updated with third quarter performance metrics. The following are some of the highlights we’ve identified.

Trademark application filings continue to set new record highs in terms of volume and usage of the Trademarks Electronic Application System (TEAS). More than 99 percent of new applications are filed electronically and filings are on track to exceed the highest level set last year.

The office has made great progress towards achieving and maintaining high quality standards. The specialized training, online tools, and enhanced communication efforts we’ve deployed over recent years are bearing fruit. Exceptional office action continues to exceed our expectations and first action quality is trending above our target level. Actual results were 33.5 percent better than the target of 23 percent. Final action compliance is showing positive improvement. Our final numbers for the fiscal year should reflect expectations.

Despite inherent uncertainty and variability of filings, the office proudly met or exceeded its pendency targets, including the ones for statements of use (SOU) and Post Registration renewals. First action pendency is at the mid-point of the target at three months. Pendency targets are managed through overtime and production incentives, in addition to continued use of electronic filing and processing.

We want to thank all our stakeholders for their positive engagement and their constructive comments and suggestions. We look forward to hearing from you. Share your thoughts with me at TMFeedback@uspto.gov.

Thursday May 30, 2013

Advancing the Role of Trademarks

Guest blog by Commissioner for Trademarks Deborah S. Cohn

For the last two years the USPTO’s Trademarks team has actively engaged the private sector in developing pro bono and educational outreach programs. The primary goal of these programs is to offer the best possible intellectual property (IP) guidance and training to all of our stakeholders. These efforts follow the USPTO publication in April 2011 of a congressionally-mandated report outlining the extent to which trademark litigation harms small businesses. That report outlined steps the USPTO could take to better educate the public and stakeholders with resources enabling small businesses to further their understanding of trademark basics, enforcement measures, and available tools for protecting and enforcing trademark rights.

We have contacted bar associations in all fifty states to encourage the development of pro bono programs. The USPTO also launched a new trademark educational outreach program geared to general audiences that normally would not have easy access to such information, including non-trademark attorneys, the small business community, the entrepreneurial community, and students. In addition to these trademark-specific programs, the USPTO also conducts other programs designed to educate the public more broadly about intellectual property rights.

For several years, the USPTO has partnered with law schools across the country in an effort to provide pro bono services to trademark and patent applicants through student clinic programs under the supervision of licensed attorneys. In 2012, we dramatically increased the number of participating schools and therefore our reach into the community with these programs. We recently had the pleasure of welcoming to our headquarters more than 55 law students and faculty participating in our innovative Law School Clinic Certification Pilot Program. Visitors heard presentations from a wide range of USPTO personnel, including Acting Director Teresa Stanek Rea, attorneys from the Office of the Solicitor, and administrative trademark judges from the Trademark Trial and Appeal Board (TTAB).

The USPTO has also hosted a Trademark Expo for a number of years. These well-attended events combined seminars and exhibits to engage the public on trademarks and their importance. We have also published a significantly improved Basic Facts Booklet and produced a series of educational videos, all of which are easily accessible at www.uspto.gov.

We remain committed to advancing the registration of trademarks and understanding their role. As always, we welcome your feedback and suggestions on how we can improve our trademark educational outreach efforts. Simply email a comment to our dedicated mailbox, TMFeedback@uspto.gov. We look forward to hearing from you.

Tuesday May 21, 2013

Hack for Change

Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea

Government has vast amounts of information that can be used to improve our lives, and the Obama Administration has challenged federal agencies to make this data easily accessible to and usable by the public. Agencies across the government are using the National Day of Civic Hacking on June 1 and 2, to address that challenge.

Its name may trigger negative connotations, but civic hacking is a positive form of citizen engagement and volunteerism that uses technology to tackle social challenges. Civic hackers are community members—engineers, software developers, designers, entrepreneurs, activists, and concerned citizens—who collaborate with others, including government, to invent ways to improve quality of life in their communities.

The USPTO is using the government-wide focus on civic hacking as a great opportunity to crowdsource innovative ideas from our extensive trademark data. A trademark is a brand name, slogan, or logo that sellers use to identify and distinguish their products and services. Consumers rely on trademarks to distinguish among competing sellers and ensure the purchase of a quality product. Individuals and companies register their trademarks with the USPTO to enhance intellectual property protection for their brands.

The USPTO currently provides high-quality databases and tools for searching for information about pending and registered marks. However, these resources are used mostly by the trademark community and the USPTO for issues related to the federal trademark registration process.

In February, the USPTO released a comprehensive dataset of information on registered U.S. trademarks in the hope of spurring a flood of new inquiries into such areas as marketing, advertising, brand use, innovation, and new product and service introduction.1 We challenge National Day of Civic Hacking participants to use the trademark dataset and other open data sources to develop a tool that identifies federally registered trademarks that comprise an entity’s portfolio or brand, or are used on specific products, in designated industries, or in geographical areas. Such a solution could provide useful information on how entities develop and employ their brands; whether entities expand into new products, sectors, or regions; and the potential value of trademark portfolios to these entities. The solution may also yield industry-specific information that could inform consumer decisions and aid startups and other firms seeking to develop new product lines.

I urge all those looking for a unique way to volunteer in your community through technology to consider participating in the National Day of Civic Hacking. You can learn more at hackforchange.org.

 


 

 1For a thorough description of these data, see Graham, S., Hancock, G., Marco, A., & Myers, A., “The USPTO Trademark Case Files Dataset: Descriptions, Lessons, and Insights,” SSRN working paper (2013) (“Case Files”).

 

 

Thursday Apr 18, 2013

Introducing Our Latest Performance Dashboard

Guest blog by Chief Administrative Trademark Judge Gerard Rogers

The USPTO has added more color to its Data Visualization Center with the addition of the Trademark Trial and Appeal Board (TTAB) Dashboard. In the spirit of open government, the TTAB dashboard is yet another way we are embracing transparency, by offering the public and TTAB users a new perspective on our operations. This inaugural TTAB dashboard provides critical information necessary for a true understanding of the various matters pending before the board, while assisting the public in assessing our performance.

The dashboard provides easy access to a variety of measures. Those include the average pendency of contested motions; the average pendency of appeal and trial cases being decided on the merits; and additional data that tracks new filings and inventory. We will update the data every quarter and provide comparisons with prior quarters. Pendency, filing, and inventory trends should be readily apparent. 

The graphics and data are presented in three main sections. First, there are key pendency measures, information on new filings with the board, and pending inventory. Second, there is information about the docket of ex parte appeals, which is the source of approximately three quarters of the final decisions on the merits issued each year by the board. Third, there is information on oppositions and cancellations, the Board’s trial cases, including the contested motions that often arise in these cases.

Users can identify trends by looking at quarterly changes in pending matters maturing to become ready for decision, files waiting in inventory, and the age of proceedings. Other helpful statistics include the number and age of contested motions becoming ready for decision during a quarter, as well as those that are in inventory at the end of each quarter. Of particular note is the breakdown, by age, of various types of motions, including motions to compel, dismiss, or seek summary judgment.

While our current pendency and inventory of both contested motions and final decisions are slightly higher than we’d like them to be, we are instituting new initiatives to improve our performance. We anticipate improvement in the near future as our newly hired judges and interlocutory attorneys continue to become acclimated to their new roles. We believe the new TTAB dashboard will prove to be a valuable resource, and we welcome any feedback on how we can make this tool even more useful. Please email any comments to our dedicated mailbox, TTABdashboard@uspto.gov. We look forward to keeping up efforts to provide additional data and maintain transparency into the future.

Wednesday Jan 30, 2013

Working Together on Chinese Trademark Issues

Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos

Many IP issues in China receive high-profile attention in the media. However, quiet efforts by both countries’ leaders to develop and promote a long-range shared vision do not as a rule make the news. A good example is USPTO’s work with the Chinese Trademark Office (CTMO) and the Trademark Review and Adjudication Board (TRAB), a model of successful, sustained technical cooperation. The USPTO has worked closely and intensively for several years with these offices, exchanging best practices and candidly discussing challenges. This engagement, in turn, has led to several positive developments.

For example, USPTO collaborated with and supported CTMO’s effort to increase transparency through projects such as creating an online English-language trademark registration to assist companies conducting preliminary searches, as well as publishing for an English-speaking audience its research reports on the protection of foreign well-known marks. Thanks to these two efforts, U.S. companies can now conduct easy, no-cost preliminary trademark searches in English, and they can gain a better understanding of the way China protects well-known marks.

USPTO has also exchanged best practices with CTMO and TRAB examiners in substantive areas of examination, such as sound and single color mark examination, by both providing training and Chinese translations of sections of the USPTO Trademark Manual of Examination Procedure for reference by CTMO examiners. USPTO, CTMO, and TRAB have held exchanges on trademark administration and IT issues over the years, and during that time the CTMO has drastically reduced its pendency.

Another notable area of cooperation has been on the topic of bad faith filings, also referred to as “trademark squatting”the practice of a party intentionally filing for another party’s trademark. In 2010, the USPTO joined together with the Japan Patent Office (JPO), The Office of Harmonization for the Internal Market (the European Union’s Trademark Office), and the CTMO to launch a series of technical seminars in Beijing on that issue, intended to identify useful features of national trademark systems that can be implemented as best practices in other countries.

Following the collaborative seminars, we were pleased to see that China’s Supreme People’s Court newspaper recently highlighted the results of its study on bad faith filing issued in December by the Beijing Number 1 Intermediate People’s Court. The study counseled courts to deter squatting activities when they interpret and apply the law, as well as to admit evidence with the goal of prohibiting this activity. In conjunction with this report, the court issued judgments in six cases against trademark squatters, sending a message about the importance of honest trading.

We have also followed the issue of bad faith filing as China’s legislative branch tackles the problem. On December 31st, China’s National People’s Congress published a draft of China’s proposed new trademark law for review and comment. One of China’s goals in revising its trademark law is to address the issue of bad faith trademark filing. We will continue to work together with China on this issue.

The Chinese have a saying that the longest journey begins with the first step. We believe the steps the U.S. and China have taken together have improved the IP system for all.

Friday Jan 25, 2013

Trademark Dashboard For Quarter 1 Is Ready

Guest blog by Commissioner for Trademarks Deborah Cohn

It’s time again to share with you our Trademarks performance metrics for the last quarter, and I hope you’re as pleased as we are with the results. I should note that in response to your requests, we’ve added a new measure to the report. The application filing basis – use in commerce, intention to use, or based upon a foreign application or registration – will be reported as a percentage of new application filings. 

We’re proud to report continued high performance in our Trademark business unit. Trademark application filings continue to increase, following the record set last fiscal year when more new applications were filed than any other year.

Our record performance is the result of a number of factors including greater use of the systems, tools, and resources necessary to manage new application filings electronically and by our dedicated and qualified employees who do their best to manage them well. The Trademarks performance dashboard has been updated to showcase our record of performance results. I invite you to take a look at how the Trademarks team is working to serve you and look forward to your feedback. 

Our three quality indicators, which set high standards for examination quality, show mixed results in the first quarter. Results for first and final action compliance are slightly less than target, demonstrating the challenge in maintaining consistently high standards. Our newest indicator, ‘exceptional office action’ continues to exceed expectations for evaluating the ‘excellence’ of the examiner’s writing, evidence, and search strategy in preparing the office action. Quality results are reinforced by constant feedback, specialized training, and online tools and manuals to ensure the quality of the trademark register.

Every month over the last quarter, first action pendency stayed in the target range of 2.5 to 3.5 months from filing to issue a first action. Pendency to registration continues to remain at historically low levels. Disposal pendency – the time from when an application is filed until a trademark is registered or abandoned – has been under 12 months for the past three years – another record. This is due in part to the progress made from the use of TEAS Plus applications and greater acceptance of electronic filing, which now comprises more than 75 percent of all applications processed to disposal.

We welcome any feedback you have on how we can improve this dashboard. Simply email a comment to our dedicated mailbox. We look forward to hearing from you.

Friday Jan 04, 2013

Big Improvements to Our Online TMEP

Guest blog by Commissioner for Trademarks Deborah Cohn

We recently introduced a new, more user-friendly interface for the Trademark Manual of Examining Procedure (TMEP). If you haven’t had the opportunity to use it yet, I’m confident you’ll be pleased with it. The TMEP provides trademark applicants (and their attorneys and representatives) and our trademark examining attorneys with a reference on the practices and procedures for prosecution of applications to register marks with the USPTO.

The new interface offers users a more sophisticated and efficient method of getting needed information quickly. Searching is simplified so it is more similar to searching the Internet. When a search is executed, users receive weighted results which can give added focus. The display can also be modified to suit user needs. Browsing the TMEP is simpler, with a table of contents that can be hidden. In this way, the user can maximize the screen space available to display the content. Another recent, behind-the-scenes enhancement simplifies and shortens the process to publish the TMEP, allowing us to serve you better with more frequent updates.

The first publication using the new system took place on October 31, when we published the October 2012 update of the TMEP. With that update, we now identify the TMEP by the month and year in which it is issued (i.e., October 2012). This is a change from prior versions, which were identified using edition and revision numbers. At a roundtable I attended in Detroit in mid-November, practitioners told me they were very pleased with the new interface. One reported that it was the best IT improvement we have made to date.

We hope you’ll feel the same and we look forward to hearing your feedback on the new interface and TMEP update. Send your thoughts about the new TMEP to us by email at tmtmep@uspto.gov.

Wednesday Oct 17, 2012

Another Banner Year for Trademarks

Guest blog by USPTO Commissioner for Trademarks Deborah Cohn

We’ve sorted through the facts and figures and at the end of our fiscal year September 30, we’re proud to report continued outstanding performance in our Trademarks business unit. In FY 2012, more new trademark applications were filed than any other year and the number of trademarks in continuous use exceeded 1.8 million registered marks. Total new classes surpassed 415,000—an increase of 4.1% over the previous fiscal year and more than 13,600 higher than the record level last set in 2008.

All the while, and for the sixth year in a row, quality and pendency results have met and exceeded targets. The Trademarks performance dashboard has been updated to showcase our record 2012 performance results, and I invite you to take a look at how the Trademarks team is working to serve you.

Our three quality indicators are better than their respective targets, which set high standards for examination quality. Our newest indicator, ‘exceptional office action’ continues to exceed expectations for evaluating the ‘excellence’ of the examiner’s writing, evidence, and search strategy in preparing the office action. Quality results are reinforced by constant feedback, specialized training, and online tools and manuals to ensure the quality of the trademark register.

First action pendency has stayed in the target range to issue a first action between 2.5 and 3.5 months from filing, every month. Pendency to registration continues to remain at historically low levels. Disposal pendency—the time from when an application is filed until a trademark is registered or abandoned—has been under 12 months for the past three years. Another record. This is due in part to the progress made from greater acceptance of electronic filing and use of TEAS Plus applications. This promotes more efficient electronic processing, which now comprises more than 77 percent of all applications processed to disposal.

As I’ve noted in the past and it bears repeating, our record performance is the result of a number of factors including greater use of the systems, tools, and resources necessary to manage new application filings electronically and by having dedicated and qualified people to manage them well. 

We welcome any feedback you have on how we can improve this dashboard. Simply email a comment to our dedicated mailbox. We look forward to hearing from you.

Tuesday Jul 24, 2012

Still Smooth Sailing in Trademarks

Guest blog by USPTO Commissioner for Trademarks Deborah Cohn

Our dashboard showcasing performance in Trademarks for the third quarter of the fiscal year is out and you’ll notice that we added a new metric to highlight some meaningful differences in pendency based on how the application is filed. As you may know, applicants have several filing options to consider when they register their trademark – paper filing, electronic filing using the TEAS or the TEAS Plus form, and filing through the Madrid system for international registrations. Applicants who wish to reduce the time for approval of a mark for registration should consider the method of filing in order to best meet their needs.

TEAS Plus applications require additional information at the time of filing but in return receive the best overall pendency. As the dashboard shows, more TEAS Plus applications receive first action approval from our examining attorneys than any other type of filing.

Overall, our record performance for pendency over the past five years continues. First action pendency has stayed in the range of our goal to issue a first action between 2.5 and 3.5 months from filing. As I’ve noted in the past, our record performance is the result of a number of factors including greater use of the systems, tools, and resources necessary to manage new application filings electronically and by having dedicated and qualified people to manage them well. When you look at our performance dashboard for the third quarter you’ll see how well we are meeting our target goals.
 
Despite a five percent increase in new application filings, trademark pendency to registration continues to remain at historically low levels. Disposal pendency – the time from when an application is filed until a trademark is registered or abandoned – has been under 12 months for the past eight quarters in a row. Again, this is due in part to the increase in electronic processing, which now comprises 76 percent of all trademark applications filed, processed and disposed.

Wednesday Jul 18, 2012

USPTO and INTA Roundtable Discussions with Stakeholders

Guest blog by USPTO Commissioner for Trademarks Deborah Cohn

The USPTO has been co-hosting roundtable discussions with the International Trademark Association (INTA) since January. The purpose of these roundtable discussions is to bring together USPTO officials with trademark professionals from around the country so we can interact on current topics of interest to practitioners.

In addition to receiving updates on trademark initiatives and processes, attendees share practice tips and raise problems and issues that they have encountered. The roundtables have allowed us to receive input on a variety of developing issues in the trademark operation, and reactions to the sessions have been extremely positive.

To date, roundtables have been held in New York, Alexandria, Va., Wilmington, Del., Boston, and Raleigh, N.C. The next cities we will be visiting are Chicago (July 23), Seattle (Sept. 27), and Charlotte, N.C. (Oct. 14). We are also planning to schedule a session at our new Detroit office. We hope to connect with additional areas of the country in FY 2013.

As Commissioner for Trademarks, I have made it a priority to not just receive feedback from users, but also to seek it out. By going directly to our stakeholders, instead of just waiting for them to come to us, we can be sure the user community is heard.

We welcome any feedback you have on our user outreach. Is there an area of the country you might suggest for a roundtable? We have a dedicated mailbox for your comments (TMFeedback@uspto.gov) and we look forward to hearing from you.

Friday Apr 20, 2012

Record Results for Trademark Pendency

Guest blog by Commissioner for Trademarks Debbie Cohn

This month marks a record for performance by our Trademarks team. It has now been five consecutive years that first action pendency has stayed in the range of our goal to issue a first action between 2.5 and 3.5 months from filing. This record is the result of a number of factors including greater use of the systems, tools, and resources necessary to manage new application filings electronically and to manage them well. It demonstrates how electronic filing and systems have led to more consistent results in our ability to deliver top quality service. A look at our performance dashboard for the second quarter of fiscal year 2012 shows quality and timeliness to first action or disposal either meets or exceeds target goals.

Meanwhile, despite a 7 percent increase in new application filings, trademark pendency to registration continues to remain at historically low levels. Disposal pendency – the time from when an application is filed until a trademark is registered or abandoned – has been under 11 months for the past eight quarters in a row – a record due in part to the increase in electronic processing, which now comprises 75 percent of all trademark applications filed, processed and disposed.

Trademark quality shows improvement – all three indicators are better than their respective targets. Our newest indicator for evaluating quality, introduced last year, as the ‘excellent office action’ standard has been renamed ‘exceptional office action’. The name change is a better reflection of the criteria that set exceptionally high standards for evaluating an examiner’s writing, evidence, and search strategy in preparing the office action. Our evaluation of quality is an ongoing process, and we regularly use the results for improving how we work—from developing policy and training guides and manuals to reinforcing and ensuring the quality of the trademark register.

We welcome any feedback you have on how we can improve this dashboard. Simply email a comment to our dedicated mailbox for Trademarks feedback. We look forward to hearing from you.

This page is owned by Office of the Chief Communications Officer.