From: Marsha Gentner [mgentner@jhip.com]
Sent: Wednesday, April 30, 2008 10:33 AM
To: TM Mailing Rules
Subject: Comment re Proposed Rule
I would suggest that the Office consider removing Section 8 affidavits/declarations and Renewal applications from the list of affected mailings.
There are occasions where a filing party wants to do so electronically, but due to unforeseen circumstances, cannot do so (e.g., a server is down, there is a power outage, the PTO server is down [this has happened to the undersigned], for some reason, the TEAS system won't accept the filing [particularly, as respects a specimen], etc.). With the exception of the above listed items, all of the filings affected by the proposed rule change either have no fixed deadline, or if the deadline is missed, it is curable (by petition to revive, or other action).
The deadlines for a Section 8 affidavit and renewal application (and specimen) however, are statutory, and if such a deadline is missed, there is no way to maintain the registration. Therefore, a party who does not live in the area where the PTO is located (the undersigned has that luxury) should have the ability to make a last day "hard copy" filing for these two items.
Respectfully submitted,
Marsha G. Gentner
Jacobson Holman PLLC
400 7th Street NW, Suite 600
Washington, DC 20004-2218
202-638-6666 Dial
202-393-5350 Fax
www.jhip.com Website
mgentner@jhip.com e-mail
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