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Collage showing images with one-word descriptors from the U S P T O Fiscal Year 2007 Performance and Accountability Report cover that reinforces the report's tagline of Transforming for the Future Today.
Performance and Accountability Report Fiscal Year 2007
Management's Discussion and Analysis

Table of Contents | Management | Financial | Auditor | IG | Other

Performance Goal 2: Optimize Trademark Quality and Timeliness

Trademark Quality

The Trademark organization measures for assessing examination quality include an evaluation for all issues that could be considered deficient in making a first and final action substantive refusal. Evaluations are conducted on a random sample of applications to review the quality of decision making of the examiner’s first office action and final action refusal.

The “in-process review” standard for assessing excellent and deficient work creates a comprehensive, meaningful and rigorous review of what constitutes quality.

The results of an examiner’s first action and final refusal are reviewed for the quality of the substantive basis for decision-making, search strategy, evidence and writing. The measures consider elements for review and evaluation with training targeted to topics that warrant improvement. Examiners are given feedback about excellent as well as deficient work to further improve quality.

Measure: Trademark Final Action Compliance Rate
FISCAL YEAR TARGET ACTUAL
2004 95.0% 94.2%
2005 95.0% 94.1%
2006 93.5% 96.4%
2007 96.0% 97.4%

Target Met. Numerous training efforts focusing on quality have had a more than additive effect. Also, quality improvements that first appeared in First Actions have now filtered to Final Actions.


Measure: Trademark First Action Compliance Rate
FISCAL YEAR TARGET ACTUAL
2004 91.7% 92.1%
2005 92.5% 95.3%
2006 93.5% 95.7%
2007 95.5% 95.9%

Target Met.

Data Verification and Validation for Trademark Final Action Compliance Rate and Trademark First Action Compliance Rate

Data Verification and Validation for Trademark Final Action Compliance Rate and Trademark First Action Compliance Rate
Data source: Office of Trademark Quality Review Report
Frequency: Daily input, monthly reporting
Data storage: Automated systems, reports
Verification: Manual reports and analysis
Data Limitations: None

Trademark Pendency

Trademark first action pendency measures the average number of months from the date of application filing to the first office action.

Trademark average total pendency measures the average number of months, from the date of application filing to the date of disposal. Disposal includes registration, abandonment or issuance of a notice of allowance, excluding applications, that are suspended and awaiting further action or involved in inter partes proceedings.

Disposal pendency, including suspended and inter partes cases, was 15.1 months. Excluding applications that were suspended or delayed for inter partes proceedings; disposal pendency was 13.4 months.

Measure: Trademark Average First Action Pendency
FISCAL YEAR TARGET (Months) ACTUAL (Months)
2004 5.4 6.6
2005 6.4 6.3
2006 5.3 4.8
2007 3.7 2.9

Target Met.


Measure: Trademark Average Total Pendency
FISCAL YEAR TARGET (Months) ACTUAL (Months)
2004 21.6 19.5
2005 20.3 19.6
2006 18.8 18.0
2007 17.3 15.1

Target Met.

Data Verification and Validation for Trademark Average First Action Pendency and Trademark Average Total Pendency

Data Verification and Validation for Trademark Average First Action Pendency and Trademark Average Total Pendency
Data source: TRAM system
Frequency: Daily input, monthly reporting
Data storage: TRAM, automated systems, reports
Verification: Accuracy of supporting data is controlled through internal program edits in the TRAM system. Program management performs final test for reasonableness
Data Limitations: None

Trademark E-Filing and E-Management

The number of trademark applications has progressed steadily over the years as a result of promotional events, increased number and type of applications, electronic filing, improved functionality and enhancements, and financial incentives, for example, lower fees.

The Trademark organization has created a fully electronic trademark application management process by capturing nearly 100 percent of the application inventory as an electronic file that includes text and image of the initial application and subsequent applicant and office correspondence. Examining attorneys use the electronic record to process and examine applications, manage their dockets of pending work, and take action on applications.

Measure: Trademark Applications Filed Electronically
FISCAL YEAR TARGET ACTUAL
2004 65.0% 73.0%
2005 70.0% 88.0%
2006 80.0% 93.8%
2007 90.0% 95.4%

Target Met.


Data Verification and Validation for Trademark Applications Filed Electronically
Data source: TRAM system
Frequency: Daily input, monthly reporting
Data storage: TRAM and automated systems
Verification: Accuracy of supporting data is controlled through internal program edits in the TRAM system and crosschecks against other automated systems
Data Limitations: None

 

Measure: Trademark Applications Managed Electronically
FISCAL YEAR TARGET ACTUAL
2004 80.0% 98.0%
2005 99.0% 99.9%
2006 99.0% 99.9%
2007 99.0% 99.9%

Target Met.


Data Verification and Validation for Trademark Applications Managed Electronically
Data source: TRAM system and Trademark Image Capture and Retrieval System database reports
Frequency: Daily input, monthly reporting
Data storage: TRAM and automated systems
Verification: Accuracy of supporting data is controlled through internal program edits in the TRAM system and crosschecks against other automated systems
Data Limitations: None

Trademark Efficiency

Measures the relative cost-effectiveness of the entire trademark examination process over time, or the efficiency with which the organization applies its resources to production.

Measure: Trademark Efficiency
FISCAL YEAR TARGET ACTUAL
2004 $583 $542
2005 $701 $677
2006 $635 $565
2007 $685 $660

Target Met.


Data Verification and Validation for Trademark Efficiency
Data source: TRAM system, Momentum, ABM system
Frequency: Daily input, quarterly reporting
Data storage: TRAM, Data Warehouse, ABM system
Verification: Accuracy of supporting data is controlled through internal program edits in TRAM, Momentum, ABM System. Quality control review of data by ABC System and program organization teams
Data Limitations: None
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