Public Comments on Notice of Inquiry Regarding Adjustment of Fees for Trademark Applications: Robert V. Petershack
From: Robert V. Petershack [mailto:RPetershack2@axley.com]
Sent: Tuesday, August 21, 2012 10:18 AM
To: TM FR Notices
Subject: Adjustment of Fees for Electronic Applications
Dear Under Secretary Kappos,
I write in strong support of the proposal being considered by the United States Patent and Trademark Office (the "USPTO") to adjust trademark application filing fees so as to promote efficiency for the USPTO and its customers through the use of electronic communication. At our office, all trademark filings and communication with the USPTO occurs either through TEAS Plus or the regular TEAS application form with e-mail communication authorized. While I know that there is currently a discrepancy in the filing fees between paper filings and filings occurring electronically, to the extent that the discrepancy in fees does not reflect the actual costs I would strongly encourage the USPTO to adjust the fees to reflect the actual costs (and perhaps even slightly more than the actual cost) in order to encourage the use of electronic filing.
The only concern I have is in making a significant adjustment in the cost between the use of TEAS and TEAS PLUS. In some cases my clients’ products or services do not easily fit into those available for choice under the Trademark Acceptable Identification of Goods & Services list and I think it's unfair to unduly burden their electronic filing solely for that reason. As a result, to the extent that there is a cost difference between the use of TEAS or TEAS PLUS that is based on the inability to describe a business’s services by making selections under the Trademark Acceptable Identification of Goods & Services, the cost difference between those two application should simply reflect the cost of handling the resulting application.
Robert V. Petershack
Axley Brynelson, LLP
2 East Mifflin Street
Post Office Box 1767
Madison, WI 53701-1767
Office (Toll Free): 800-367-5661