May 7, 2004

Trademark Daily XML Files - Weekly Status Report

The following is a status update for all inquiries.

Inquiries can be made to: Ed Johnson at Ed.Johnson@uspto.gov - (703) 306-2621 or Jazmin Rexrode at Jazmin.Rexrode@uspto.gov - (703) 306-2626 or sent to OEIP@uspto.gov.

*The format of the Weekly Status Report will appear as follows:
1. Each inquiry is given a USPTO Control # for tracking purposes.
2. The summary portion of “Status of Inquiries” will be “grouped” by the current status.
3. The detail portion of the report will be in sequence Control # (for easier reference).

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"The U.S. Patent and Trademark Office is processing paper Madrid filings within a week of receipt and electronic applications within hours. Information is generally viewable on the USPTO website within 24 hours of the completion of Trademark processing. In addition to the work done on Madrid filings at the USPTO, there is also processing at the International Bureau of WIPO. Thus, in certain circumstances pendency is influenced by any backlogs that might develop at WIPO."

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*A review of the quality assurance is being performed to ensure the completeness and the timeliness of the trademark daily data files.

All Trademark Daily Files provided through the USPTO FTP environment were available on time the week ending 5/7/2004

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*The status on the availability of the 2003 Annual Trademark (Retrospective) files is as follows:

-The 2003 Trademark Retrospective Assignment/XML file is available for purchase through FTP or on CD-R.

2003 Trademark Retrospective Assignment XML File
2003 asgn.zip - 82,622,036 bytes
2003 asgn.xml - 744,114,826 bytes

433,507 assignment transactions through February 29, 2004.

-The 2003 Trademark Retrospective Trial and Appeal Board (TTAB)/XML file is available for purchase through FTP or on CD-R.

2003 Trademark Retrospective TTAB XML File
2003ttab.zip - 55,626,578 bytes
2003 ttab.xml - 788,006,699 bytes

176,507 TTAB transactions through February 29, 2004.

-The 2003 Trademark Retrospective Live/XML file is available for purchase on DVD-R. Note: Due to the size of this file it is on 1 DVD-R.

2003 Trademark Retrospective Live/XML File
2003live01.zip thru 2003live11.zip - 883,077,749 bytes
2003live01.xml thru 2003live11.xml - 17,356,993,923 bytes

1,631,694 active trademarks through March 12, 2004.

-The 2003 Trademark Retrospective Dead/XML file is available for purchase on DVD-R. Note: Due to the size of this file it is on 1 DVD-R.

2003 Trademark Retrospective Dead/XML File
2003dead01.zip thru 2003dead12.zip - 841,117,857 bytes
2003dead01.xml thru 2003ldead11.xml - 18,372,159,875 bytes

2,029,211 inactive trademarks through March 13, 2004.

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Status of Inquiries:

Closed:

05/07/2004:

*2 inquiries have been resolved. Reference Inquiry (Control #44 and #45).

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Open:

05/07/2004:

Control #16 - The use of Country Codes, Control #21 - The inclusion of 3 IB data fields and Control #41 - US applications requesting International Registration Status continue to be evaluated along with providing status changes on a daily basis.

05/07/2004:

*Control #43 - The ISO-8859-1 Character Set being used in the Trademark 24 Hour Box versus the UTF-8 Character Set is being used in Daily Application file, The Daily Assignment file and the Daily TTAB file.

*Control #47 - It appears that the previous 2.1 version of the DTD is being used in the 24 Hour Box for the daily file of hr040503.

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Inquiries that have been resolved will have the resolution in black, bold, italicized and underlined.

Any inquiries that require additional research and/or response are considered outstanding inquiries and will appear in red, bold and italicized.

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Inquiry – 11/12/2003: (Control #16)

This inquiry was initially received 11/12/2003. A further clarification (as defined below) of the initially inquiry was received 03/02/2004.

There are fields available on TARR for an Application/Registration that has requested protection into a Madrid Protocol country that do no appear in the current DTD of the daily application file being disseminated. They are:

USPTO Control Number:
Original Filing Date with USPTO:
Date of Last Irregularity:

All other data fields included in the Madrid Protocol Information section on TARR are fields that appear in the current DTD of the daily application file being disseminated.

What we'd like is to have this information sent to us in the daily file being disseminated when the Application/Registration has been applied for and then updated with the additional Madrid related fields upon BIRTH from the IB.

A decision has been made by management that the Daily XML files will contain appropriate information that is present on TESS and TARR including the above 3 data fields. Software and documentation must be evaluated and updated. This effort will also analyze providing all status changes on a daily basis and the use of 2-position country codes – ISO Standard, ST-3 in all 3 daily DTD’s.

05/07/2004: The requirements document continues to be analyzes in an effort to determine cost and the amount of time to complete this new process.

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Inquiry – 6/06/2003: (Control #21)

In reviewing the country codes for each of the 3 XML files and discovered the following

*Trademark-Applications XML

Uses 3 digit code from TWTF file

*Trademark-Assignments XML

Uses no codes at all, they expand all codes (Spelling out countries)

*Trademark-Proceedings XML

Uses officially designated country as prescribed by the World Intellectual Property Organization (WIPO) Standard ST.3

05/07/2004: This inquiry is included in the requirements being evaluated with Inquiry (Control #16 and Control #41)

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Inquiry – 04/12/2004: (Control #41)

There has 11,501 US applications requesting International Registration Status present on the Daily Application XML files identified below and they continue to appear on subsequent Daily Application XML files:

Date	Count	File
20040409	5180	apb040409.xml
20040410	2357	apb040410.xml
20040411	2130	apb040411.xml
20040412	1834	apb040412.xml

The USPTO TARR data base contains "Madrid Protocol Information" for each one of these applications.

The Daily Application XML file has identified XML tags/fields for this "Madrid Protocol Information". But these XML tags/fields are not populated with data.

The current XML tags/fields identified for Madrid Protocol International Information are to be populated for applications received from the International Bureau.

05/07/2004: This inquiry is included in the requirements being evaluated with Inquiry (Control #16 and Control #21)

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Inquiry – 03/14/2004: (Control #43)

The examples in Control #42 show where the ISO-8859-1 encoding is being used in the Trademark 24 Hour Box and UTF-8 encoding is being used in Daily Application file, The Daily Assignment file and the Daily TTAB file.

Please provide a table of the ISO-8859-1 encoding being used in the Trademark 24 Hour Box.

05/07/2004: Applicants filing electronic series “78” applications encode entity names from a large array of Unicode encoding located at: http://www.unicode.org/

Example: &#1607 can be located by going to:
1. http://www.unicode.org/
2. Click “Where is my Character” under “General Information” on the left side of the page.
3. Click code charts in the first paragraph.
4. Follow instructions “Locating a Chart by Character Code” on the left side of the page.
5. The instructions will have you scrolling down to “Unified Canadian Aboriginal Syllabic”.
6. Click “Unified Canadian Aboriginal Syllabic”.
7. Scroll down to page 12 of 13 and 1607 CANADIAN SYLLABICS CARRIER NA. Page 4 of 13 includes a chart with 1607.

Note : 1607 (pages 4 of 13 and 12 of 13 are located at: http://www.unicode.org/charts/PDF/U1400.pdf

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Inquiry – 03/14/2004: (Control #44)

We're seeing registrations coming in that were cancelled decades ago but are now being sent with the original serial numbers being replaced with serial numbers formed by the registrations numbers preceded by 8. To illustrate, original serial number 73-051897, registration 1,036,105 Cancelled (Sec. 8) on 8/17/1982.

On 3/29/2004 we received new serial number 81-036105, registration 1,036,105 with Cancelled (Sec. 8) on 8/17/1982. This causes problems with duplicates for us.

Can you shed light on why this is being done? Was there an announcement that this (serial number conversion) was being done? Why are we getting these records 20 years Post Mortem?

05/07/2004: A query of the USPTO TRAM data base has found 18 instances of an "8" plus the Registration number replacing the actual serial number. These will be corrected. We continue to search for the cause of the problem.

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Inquiry – 03/14/2004: (Control #45)

There continues to be new applications that are identified in the Trademark Monthly Status file that have never appeared in any Daily Application file. This was initially reported: 2/27/04 Inquiry - Control #25 that has subsequently been closed.

5/07/2004:

On March 17, 2004 a correction was implemented to ensure that all new trademark applications were provided on the Daily Application XML file.

There were 2,490 new applications, filed prior to the correction being implemented, that were identified as still missing.

On May 5, 2004 the following supplemental file containing these missing applications was made available on the USPTO Data File Delivery FTP site.

Because logical flags that control the extraction of new applications onto the daily file have been reset any missing new application must be identified by its serial number.

apbs040503.zip 857,726 bytes
apbs040503.xml 18,328,275 bytes

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Inquiry – 5/04/2004: (Control #47)

It appears that the previous 2.1 version of the DTD is being used in the 24 Hour Box for the daily file hr040503. Specifically for Serial Numbers 78256094, 78256142, 78256179 and 78267216. These applications have older filing dates and have never been received. They also appear in the daily application file apb040503 as “new applications”.

The following information was provided during testing that took place in October 2003:

NOTE: From November 2, 2003 through November 16, 2003 both TEAS Version 2.1 XML and TEAS Version 2.11 XML may appear in the 24 Hour Box files. After November 15, 2003 only TEAS Version 2.11 XML will appear in the 24 Hour Box Files.

05/07/2004: It appears that version 2.1 of the DTD in the 24 Hour Box was used because the filing dates of these applications were prior to November 15, 2004. Further investigation must be taken to determine why these applications have just appeared in the 24 Hour Box and the daily application file.

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If you have any questions or need additional information please contact one of the following individuals:

Ed Johnson	Jazmin Rexrode
Office of Electronic Information Products	Office of Electronic Information Products
(703) 306-2621	(703) 306-2626
(703) 306-2737 Fax	(703) 306-2737 Fax
Ed.Johnson@uspto.gov	Jazmin.Rexrode@uspto.gov