Public Comments on Amending the First Filing Deadline for Affidavits or Declarations of Use or Excusable Nonuse: Frank Terranella
From: TERRANELLA, F. [mailto:Fterranella@lawabel.com]
Sent: Thursday, August 30, 2012 1:37 PM
To: TM FR Notices
Subject: Docket No. PTO-T-2012-0031
Dear Trademark Colleagues:
I write in favor of the proposal to shorten by one year the initial maintenance deadline after registration. To address the questions raised in the Notice:
- Deadwood on the registry is a serious problem because it blocks innovation by new businesses. Clearing new trademarks is becoming increasingly difficult due to a crowded registry. To help solve this problem, we should do all that we reasonably can to remove unused marks from the registry.
- One reasonable means of removing deadwood is to move up the deadline for showing use. For this reason I support the USPTO proposal. I would support a declaration of use requirement at the end of the fourth and seventh years of registration and then again every three years thereafter. The 10-year declaration could be combined with renewal.
- I think the first filing deadline should be four years from the registration date (with a six-month grace period).
- I think that the Section 15 filing should be a separate filing, but could be combined with a seven-year declaration or any filing thereafter.
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