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.
Posted at 09:41AM Jan 25, 2013 in trademarks |
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.
Posted at 07:13AM Jan 04, 2013 in trademarks |
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.
Posted at 05:43AM Oct 17, 2012 in trademarks |
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.
Posted at 11:34AM Jul 24, 2012 in trademarks |
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.
Posted at 06:56AM Jul 18, 2012 in trademarks |
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.
Posted at 11:21AM Apr 20, 2012 in trademarks | Comments[1]
Remarkable Performance Results in Trademarks
Guest blog by Commissioner for Trademarks Debbie Cohn
There’s no question that electronic filing has changed the nature of trademarks, and a look at our performance dashboard for the first quarter of fiscal year 2012 really shows some remarkable results. Trademark pendency is at historically low levels and much of the reason for this is because some 75% of all trademark applications are filed and processed electronically. We’re particularly proud to report that disposal pendency – the time from when an application is filed until a trademark is registered or abandoned – is the lowest it’s ever been at 10.2 months. In fact, it’s been under 11 months for the past seven quarters in a row.
Likewise, pendency for applications involved in inter partes proceedings or appeals have also been reduced to an all-time low of 12.1 months. All of this while the number of application filings have increased 7.8% over the same period last year. First action pendency, which measures the time it takes for a new application to receive an initial response from our office was at 3.2 months at the end of the first quarter.
Aside from speed, trademark quality is another critical measure we consistently seek to improve. When you study the dashboard, you’ll see our quality results are mixed. Our first and final action quality are slightly less than target, although a more rigorous measure that defines the “excellence” of a first office action is above target. This new measure was introduced last year to set a higher standard in evaluating an examiner’s writing, evidence, and search strategy and the results exceed our target by 11 percent.
Our evaluation of quality is an ongoing process, with final results measured at the end of the fiscal year. Results are used for improving and developing policy and training guides and manuals to reinforce and ensure the quality of the trademark register. We welcome any feedback you have on how we can improve the presentation or information presented. We have a dedicated mailbox for your comments and we look forward to hearing from you.
Posted at 11:02AM Jan 20, 2012 in trademarks |
Fourth Quarter Trademarks Dashboard Overview
Guest blog by Commissioner for Trademarks Debbie Cohn
The USPTO first introduced the Trademarks Dashboard this past year with quarterly updates to trademark metrics. This month, we are pleased to announce that for the fiscal year that ended September 30, 2011, trademark pendency, quality, electronic processing, and efficiency have met or exceeded performance targets. Performance results this year are all the more impressive considering that new application filings increased by 8.1 percent to 398,667 classes, which was slightly more than 4 percent above plan.
Trademark pendency continues to be maintained at historically low levels as measured by the time from filing to first action, and, at disposal or total pendency, the average time from filing to registration, notice of allowance or abandonment of the application. First action pendency ended the fiscal year at 3.1 months. Disposal pendency reflects low first action pendency and lower overall time to registration or notice of allowance, as more applications are filed and processed electronically – 10.5 months on average, and 12.6 months on average when including applications that were either suspended or involved in inter partes.
Trademark quality is considered a critical measure and one we seek to continuously improve upon. The new “excellent office action” measure adds rigorous criteria regarding quality of an examiner's writing, evidence, and search strategy – setting a high standard defined as “excellence.” First year results surpassed the baseline target by nearly 7 percentage points – exceeding our initial expectations! The current first and final action compliance measures each delivered quality results above 96 percent. The evaluation of quality results are used for improving and developing policy and training guides and manuals.
We welcome any feedback you have on how we can improve the presentation or information presented. A dedicated mailbox has been set up for your comments. We look forward to hearing from you.
Posted at 11:11AM Oct 20, 2011 in trademarks |
Trademarks Dashboard Overview
Guest Blog by USPTO Commissioner for Trademarks Debbie Cohn
The USPTO introduced the Trademarks Dashboard for the first time in May to provide quarterly access to trademark metrics. This month, we are pleased to announce a number of changes to the dashboard based on feedback we received from visitors to the site. We hope you agree that the changes make the presentation and displays of the information more clear and understandable.
Sharing performance measures is one of the many ways the USPTO communicates its role in protecting intellectual property by reporting progress on the most critical metrics. The Trademarks Dashboard gives the public access to information on trademark pendency, quality, application filings, registrations, and an assessment of inventory for pending applications as well as new applications awaiting the examiner’s first office action. This information should help users better understand our processes, and enable applicants to make more informed decisions when filing and responding to office actions.
Pendency for trademarks (the measure of time following receipt of a trademark application and either a first action or final action) continues at historically low levels as measured by the time from filing to first action, which is the first substantive examination action, and at disposal or total pendency, which is the average time from filing to registration, notice of allowance or abandonment of the application. First action pendency has maintained a 2.5 – 3.5 month range on a consistent basis every month since April 2007. Disposal pendency continues to decline as more applications are filed and processed electronically – 10.2 months on average and 12.1 months on average including those applications that were either suspended or involved in inter partes processing – a new measure that has been added to the dashboard this month. The dashboard provides greater visibility by showing both pendency metrics based on the method of filing which is a more helpful way to look at pendency and may influence applicants based on how important timing is to their particular application.
Quality is another critical measure for trademarks at the USPTO. Evaluating quality results allows us to develop or improve policy and training guides and manuals. We continue to look for ways to improve quality as evidenced by the new “excellent office action” measure introduced this year to define excellence of the entire first office action. The current first and final action measures deliver quality results above 95 percent, but are limited to a determination of whether the examiner made the correct decisions regarding registrability. The new measure adds rigorous criteria regarding the quality of the examiner's writing, evidence and search strategy.
For those interested in more detail on the numbers found in the charts, a link to the spreadsheet is located at the bottom of the dashboard to show the data associated with each measure.
We hope you’ll find the changes in the Trademarks Dashboard to be an improvement and we welcome any feedback you have on how we can make it even better. A dedicated mailbox has been set up for your comments and we intend to monitor your feedback carefully. We look forward to hearing from you.
Posted at 01:27PM Jul 20, 2011 in trademarks |
Introducing the Trademarks Dashboard
Guest Blog by Commissioner for Trademarks Deborah Cohn
The USPTO launched its first Data Visualization Center Dashboard in October to provide access to patent application and pendency. This month, we are pleased to announce the launch of the Trademarks Dashboard, which has been modeled on the Patent Dashboard’s success and format.
An important part of the USPTO’s mission is to increase awareness and understanding of intellectual property. One of the many ways we can do that is to create a better understanding of the most critical metrics that contribute to examining and issuing patents and registering trademarks -- pendency and quality -- as well as making those measures more transparent to the public.
Trademark pendency has reached historically low levels as measured by the time from filing to first action; and, at disposal or total pendency, the average time from filing to registration, notice of allowance or abandonment of the application. Our challenge now is to maintain consistent monthly first action pendency within a 2.5 to 3.5 month range with disposal pendency at 12.5 months or less as filings increase and fluctuate on a monthly basis. The dashboard provides greater visibility by showing both pendency metrics based on the method of filing.
Trademark quality is a critical measure for improving quality by evaluating and developing training guides and reporting metrics based on the results of a review of examination quality. We continue to refine and improve the measurement of quality as evidenced by the new “excellent Office action” quality measure that was introduced this year to define excellence of the initial search strategy, decision making, and writing. This measure is an added dimension of the first and final Office action compliance measures.
This tool will give everyone access to measures presenting trademark pendency, quality, application filings, registrations, and an assessment of inventory for pending applications as well as new applications awaiting the examining attorney’s first Office action. This information will help the entire IP community to better understand our processes, and enable applicants to make more informed decisions about their applications. The new addition to the USPTO Data Visualization Center will be updated quarterly, and will also track the past three years of performance metrics to show trends as well as targets where appropriate. We intend to further refine the dashboard and welcome your input about ways we can improve it. A dedicated mailbox has been set up for your comments.
We hope you’ll find the new Trademarks Dashboards to be a valuable resource and we welcome any feedback you have on how we can make these resources even better.
Posted at 10:16AM May 11, 2011 in trademarks |
Enhancing Electronic Communications for Trademarks
Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos
This past Friday, December 3, the USPTO welcomed members of AIPLA, IPO, INTA and members of the public in a roundtable discussion to highlight best practices for trademark prosecution in the current electronic environment and obtain feedback on the state of electronic communications within Trademarks. I was pleased to join in part of the meeting, and listen to a very productive, thoughtful discussion. If you missed it, we’ll be posting the archived webcast here in the coming days.
Based on the common goals of creating the most efficient Trademark review system for brand owners and reducing the use of paper, USPTO leaders and roundtable participants engaged in a lively and productive exchange of ideas. The discussion topics ranged from the evolution of the USPTO’s e-commerce systems over the past 10 years to addressing the reasons why trademark practitioners choose to use—or choose not to use—the Trademark Electronic Application System (TEAS).
Participants who authorize e-mail correspondence during trademark prosecution discussed docketing software, correspondence routing and record keeping practices. They also debated the perceived advantages and limitations of receiving e-mail correspondence, as well as changes the USPTO can consider implementing to incentivize the authorization of e-mail as a correspondence tool.
Roundtable participants also discussed advantages of filing documents using TEAS and ways to encourage the further reduction of paper filings. Trademark Commissioner Lynne Beresford indicated that USPTO is considering charging fees for paper filing as one means of aligning fees with cost drivers (as you can imagine, paper filings are expensive and inefficient for the Office to handle).
The group came up with a list of best practices for trademark applicants and the USPTO to consider, including creating appropriate back-ups and contingencies in operations to handle unexpected circumstances, setting up internal client communication reminders, using TEAS sooner to avoid delays, and working with IT departments to make sure USPTO e-mails get through to the appropriate applicant contacts (attorney, paralegal, secretary, etc.). We plan to post that list very soon, as we think it will be helpful for TEAS users.
Without question, the nature of e-commerce is ever-evolving. As new electronic tools and processes are made available to the marketplace, the USPTO will continue these forums to ensure that trademark owners reap the rewards of these tools.
While I’m pleased that the vast majority of trademark filers are interfacing with the USPTO electronically, I’d like to get that number to 100 percent. What can we do at the USPTO to enable and encourage all trademark filers to use the Web to prosecute their applications and communicate with the office? Feel free to post your comments here, or send them to TMFeedback@uspto.gov.
Thanks, as always, for your feedback.
Posted at 11:59AM Dec 06, 2010 in trademarks |
National Trademark Expo to be Held October 15-16 at USPTO
Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos
If you are in the Washington, D.C., area on October 15 and 16, be sure to stop by the United States Patent and Trademark Office main campus in Alexandria, Va., for the USPTO’s third annual National Trademark Expo. The two-day event is designed to engage the public and educate consumers about the vital role trademarks play in the global economy. PTO staff will conduct informational sessions for individuals and small business owners interested in learning how to search for trademarks on the USPTO’s TESS Database as well as how to file a trademark application via the Internet.
The National Trademark Expo is free and open to the public. The event is fun and educational for the entire family and will feature numerous costumed characters for well-recognized brands as well as a story time for children with storybook character participation. Exhibitors from around the country will tell their stories of how trademark protection has helped their businesses grow. Take a tour through the displays that cover the evolution of particular trademarks over the past 100 years, how to tell counterfeit products from genuine articles, and unusual trademarks that feature color schemes, sounds, characters, and product shapes, as well as other trademark facts and trivia.
The National Trademark Expo will be held from 10 a.m. to 6 p.m. on Friday, October 15 and from 10 a.m. to 4 p.m. on Saturday, October 16 on our campus at 600 Dulany Street in Alexandria, Va.. The campus is a five-minute walk from the King Street Metro Station.
While at the National Trademark Expo, be sure to stop by the National Inventor’s Hall of Fame and Museum located on the first floor of the James Madison Building. The “Inventive Eats” exhibit features historical information about patents and trademarks related to food and food production. Admission to the museum is free.
I hope to see you at the PTO for this year's National Trademark Expo.
Posted at 11:27AM Oct 10, 2010 in trademarks | Comments[1]
Trademarks Next Generation
Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos
I’d like to focus today on something in the works for Trademarks. One of the goals I have for Trademarks is complete end-to-end electronic processing internally and externally. We’re calling our project Trademarks Next Generation, and I’m excited about providing a system that is faster, more practical, much more feature-rich, and reliable for both the public and our staff.
Virtualization and cloud computing are now industry standard in information technology solutions, and we want to take advantage of this technology in our aim to provide full end-to-end electronic processing for Trademarks. Harnessing this technology necessitates a redesign of our present system, giving us the opportunity to further functionality, flexibility and mobility for our users -- Trademarks employees, trademark applicants, and trademark owners.
To give you an idea, we’d like to provide trademark applicants and trademark owners the ability to manage applications and registrations on-line, as well as an automated “watch” service to notify requestors of status changes in applications and registrations, just to name a few functions. Because the purpose of this initiative is to provide functionality and capabilities for *you*, we hope you’ll join us in moving forward with the project by sending your ideas and suggestions to TMideas@uspto.gov or by posting them here on my blog.
I look forward to your input on this important initiative.
Posted at 05:25AM Mar 22, 2010 in trademarks | Comments[55]
Madrid Protocol: Challenges Facing Trademark Filers
Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos
Switching gears this week to the “T” in USPTO, one issue trademark practitioners will be dealing with soon is the filing of affidavits for a registered extension of protection under the Madrid Protocol. The first affidavit will come due between February 1, 2010, and February 1, 2011. Absent a legislative change to treat these affidavits the same as those for other trademark registrations (more on this below), owners and practitioners will need to take extra special care to adjust their docketing procedures and systems and verify all filing deadlines in these Madrid Protocol cases.
As trademark practitioners know, the requirement of submission of affidavits of use in commerce or excusable nonuse is needed to maintain all trademark registrations and to help clear the register of inactive marks. The requirements for these affidavits, however, differ for registered extensions of protection filed under the Madrid Protocol.
The current statutory scheme neither affords them the same “grace periods” for late filing, nor does it provide the ability to correct deficiencies after the due date for registered extensions of protection under the Madrid Protocol. For all other U.S. trademark registrations, the statute provides a six-month grace period and the ability to correct deficiencies. For registered extensions of protection, however, the statute provides no grace period for the first affidavit, and a shorter three-month grace period for subsequent affidavits.
The USPTO is well-aware of the challenges facing trademark owners and practitioners in adjustments to docketing procedures and systems, as well as costly adjustments to the USPTO workflow and systems if this disparity is not amended. The USPTO supports legislative changes to rectify these discrepancies and treat registered extensions of protection consistently with other U.S. trademark registrations.
While looking forward to legislative changes, practitioners and trademark owners need to start thinking now about how to effectively manage the registered extensions of protection, and how to avoid inadvertent cancellation while the legislation remains pending. A good starting point would be reviewing registration portfolios and flagging registered extensions of protection issued in 2005. I also strongly encourage filers to confirm the accuracy of all filing deadlines for registered extensions of protection, and to file as early as possible during the statutory period. An early filing minimizes the impact of oversights and errors that may occur in last-minute filings.
I look forward to working together with trademark owners and practitioners to address these important issues.
Posted at 07:04AM Dec 15, 2009 in trademarks | Comments[5]