TPAC Meeting Agenda - November 20, 2009

USPTO Trademark Public Advisory Committee
Public Meeting Agenda
Friday, November 20, 2009

USPTO Headquarters
Madison Auditorium
Concourse Level
600 Dulany Street
Alexandria, VA 22314

Public Meeting Will Be Webcast 9:00 a.m. to 12:30 p.m.

Webcast URL:

Audio Feed (Listen Only): Conference Number(s): Dial-in: 888-790-3545 - Participant passcode: 6159083


Related Documents:

Please note that TPAC has asked that all presentationns be submitted in writing at least two weeks prior to this meeting. Thus, each item below is intended to be for discussion, asking questions and public comments rather than for presentation of information that can be submitted in writing in advance. Opening comments by the featured speaker(s) should not exceed one-fifth of the allotted time.

    1. 9:00 a.m. (5 minutes) - Introduction and comments by TPAC Chair.
    2. 9:05 a.m. (15 minutes) - Welcome and brief comments by USPTO Leadership.
    3. 9:20 a.m. (30 minutes) - Report on Financial Status of the USPTO.
      • Discussion on the financial status of the Patent Operation with a USPTO designee, including the Patent Operation's current financial forecast for fiscal year 2010 and beyond.
      • Discussion of the financial status of the Trademark Operation with Trademarks Commissioner Lynne Beresford and/or her designee, including the Trademark Operation's financial forecast for fiscal year 2010 and beyond.
      • Discussion with a USPTO designee about if, when and to what extent trademark funds are anticipated to be tapped to cover a shortfall in the Patent Operation.
    4. 9:50 a.m. (20 minutes) - Report from and Discussion with the USPTO Office of the Chief Financial Officer.
      • Brief presentation of the results of the trademark fees study (most of the information can be conveyed by the written report provided two weeks in advance of this meeting).

        [5 minute break]

    5. 10:15 a.m. (20 minutes) Discussion with TTAB Judge Gerard Rogers regarding TTAB matters
      • Discussion of current TTAB speed statistics and case volume statistics.
      • Status report on getting TBMP up to date, easily searchable and in HTML.
      • Report on current status of Accelerated Case Review.
        1. What is the current level of usage?
        2. Will or should there be developed more procedures or structure available to potential users of ACR?
      • What steps has the TTAB taken, and what steps (if any) does it plan to take, in the wake of the Federal Circuit decision in In re Bose Corp.
    6. 10:35 a.m. (60 minutes) - Discussion with Trademarks Commissioner Lynne Beresford about:
      • Discussion of what steps the Trademark Operation should take, if any, in the wake of the Federal Circuit decision in In re Bose Corp, to minimize the amount of "deadwood" on the trademark registers. ("Deadwood" is mark registrations for marks on which the mark was not in use in commerce as of use declaration.) Non-exclusive ideas for discussion:
        1. Should any special action be taken regarding applications claiming a large number of goods/services?
        2. Should proof of mark usage be required on each item of goods/services?
        3. Should there be a procedure by which a third party can require an interim proof of use of a mark by a mark registrant on some or all goods/services covered in a registration?
      • Discussion of prospect of getting TMEP continuously up to date.
      • Current Trademark Operation speed and quality performance metrics.
      • Discussion regarding the excellent first office action initiative.
      • Discussion regarding status of selection of appropriate length/detail of office actions (between long, medium and short options).
      • Discussion of Trademark Operation initiative to assess the user-friendliness of the trademark portions of the USPTO website.
      • Discussion of prospects for complete end-to-end processing of registration applications.
      • Discussion of prospects for having electronic certificates of registration with an option to obtain a paper certificate.
      • Discussion of having an electronic complaint and praise procedure.

        [5 minute break]

    7. 11:40 a.m. (50 minutes) - Discussion with the Office of the Chief Information Officer
      • Discussion of status of, and plans for, new computer system for the Trademark Operation - Trademark System Next Generation ("TSNG").
        1. Discussion of what features/functionality such system perhaps should have.
        2. Discussion of what role TPAC can and should plan in gathering suggestions regarding TSNG from the trademark community.
        3. Personnel issues related to TSNG, including: (1) will OCIO handle the TSNG entirely or will the Trademark Operation have some role in its handling? (2) How will OCIO resources be allocated between TSNG and the Patent Operation's computer systems?
      • Brief discussion of status of ongoing technological remediation. What effect does this have the Trademark Operation in light of TSNG?.
      • Status of utilization of personnel from the Trademark Operation in helping OCIO.
    8. 12:30 a.m. (10 minutes) - Public comments on any other issues (if any). We'll extend this time if there are a lot of comments or questions.
    9. 12:40 p.m. - Adjourn public meeting.

After this public meeting, TPAC anticipates having a post-lunch TPAC-only executive session in the afternoon to discuss any personnel, privileged and/or confidential matters. After than, TPAC anticipates have a working-session public meeting to work on issues such as scheduling of upcoming telephonic and in-person meetings, identification of to-do items for TPAC members and identification of issues to address in the future.