From: Miriam Richter, Esq. [mailto:mrichter@RichterTrademarks.com]
Sent: Thursday, August 23, 2012 2:49 PM
To: TM FR Notices
Subject: PTO-T-2012-0031 Request for Comments
(1) Is ''deadwood'' on the trademark register a concern of yours, and what impact do you believe it has?
Yes, especially since the In re Bose decision raised the standard for proving fraud in the registration process and the number of registrations cancelled for fraud has plummeted. This would assist in getting the deadwood out of the register. I represent small businesses and the financial impact of having to rebrand or litigate a cancellation that is the way of a new registration is often prohibitive.
(2) Do you favor or oppose an amendment to shorten the first filing deadline for Affidavits or Declarations of Use or Excusable Nonuse under Sections 8 and 71 as a means of ensuring the accuracy of the trademark register? (Please explain why.)
Strongly favor. The accuracy of the register is of paramount importance to the entire trademark system.
(3) If you favor shortening the deadline, what time period do you believe would be most appropriate for the first filing deadline?
The suggested 3 to 4 years is probably the best.
(4) Are you concerned that an amendment to the first Section 8 and 71 affidavit deadline would foreclose the ability to combine the filing with the filing of an Affidavit or Declaration of Incontestability under Section 15? What impact do you believe separating these filings would have?
This is of little concern as long as one has a good docketing/tracking system in place (as we all should).
Miriam Richter, Esq.
Miriam Richter, Attorney at Law, P.L.
Trademark, Copyright, and other Intellectual Property Matters
600 S. Andrews Avenue, Suite 406
Fort Lauderdale, Florida 33301