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Policy > Comments from the Public > Comments on Proposed Changes to Trademark Certificate of Mailing and Express Mail Rules > Marcus P. Dolce
Marcus P. Dolce

From: Marcus P. Dolce [MDolce@priceheneveld.com]
Sent: Wednesday, April 23, 2008 3:01 PM
To: TM Mailing Rules
Subject: Comments on Proposed "Changes in Rules Regarding Filing Trademark Correspondence by Express Mail or Under a Certificate of Mailing or Transmission"

The Honorable Jon Dudas

Under Secretary of Commerce for Intellectual Property

and Director of United States Patent and Trademark Office

Re: Comments on Proposed “Changes in Rules Regarding Filing Trademark Correspondence by Express Mail or Under a Certificate of Mailing or Transmission” 73 Fed. Reg. 41 (February 29, 2008)

Dear Under Secretary Dudas:

I am an associate with the firm of Price, Heneveld, Cooper, DeWitt & Litton, LLP and a former Examiner. This letter is written on my own behalf and not on behalf of Price, Heneveld, Cooper, DeWitt & Litton, LLP or on behalf of any of its clients. Thus, this letter does not represent the views of my firm or its clients, but solely are the views of the undersigned.

The “Benefits of Proposed Change” section of the proposed rules changes states that “[i]n those rare situations when TEAS is unavailable due to technical problems, mechanisms are in place to obtain a filing date as of the date of the attempted filing.” This statement implies that only technical problems with the Patent and Trademark Office systems will allow an applicant to obtain a filing date (or submission date for responses, etc) as of the date of the attempted filing.

However, the undersigned respectfully requests that, if such changes as proposed are implemented, mechanisms be put into place to allow Applicants to obtain a filing date (or submission date for responses, etc) as of the date of the attempted filing for any technical problems. Therefore, if the filer experiences a power outage or the internet is not working at Applicant’s or their representative’s offices, the filer should be able to present such evidence to obtain a filing date (or submission date for responses, etc) as of the date of the attempted filing.

Respectfully submitted,

September 28, 2007 /Marcus P. Dolce/

Date Marcus P. Dolce, Registration No. 46 073

Price, Heneveld, Cooper, DeWitt & Litton, LLP

695 Kenmoor, S.E.

Post Office Box 2567

Grand Rapids, Michigan 49501

(616) 949-9610

 

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