TPAC (Trademark Public Advisory Committee) Meeting - November 23, 2010

USPTO Headquarters
Madison South Auditorium
600 Dulany Street
Alexandria, VA 22314

To access the web cast for the public session please follow the instructions below.

Accessing the Adobe Connect video event:

  1. Click on the link below (or copy it into your internet browser)
  1. Select the "Enter as a Guest" option.
  2. Please login using your email address
  3. Click on the "Enter Room" button
  4. You will be admitted to the meeting

Teleconferencing (Listen only)

Dial-In: 877-601-3547
Pass-Code: 5225472

Related Documents:


Meeting Agenda - Public Session 9:00 a.m. - 12:30 p.m. (EST)

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.

9:00 - 9:05Introduction and comments by TPAC Chair.
9:05 - 9:20Comments, if any, by TPAC members finishing their terms.
9:20 - 9:30Welcome and brief comments by USPTO Leadership.
9:30 - 10:50

Discussion with Trademarks Commissioner Lynne Beresford:

  1. Communicating with trademark examining attorneys.
    • Explore establishing "office hours" during which, generally, one can call a trademark examining attorney and have that call answered unless the examining attorney is on the phone with someone else.
    • Possible changes to expectations as to when trademark examining attorneys return calls, so that such calls will be made during normal working hours on Monday-Friday.
    • Status of anticipated, eventual transition to requiring examining attorneys to put their email addresses on office actions.
    • Possibility of making it possible for application filers to provide a second email address so that, if one goes to a general trademarks email box, the other might go to a person who the trademark examining attorney may be able to contact directly.
  2. Update and discussion of TPAC concerns about trademark filings being made by online non-attorney services and/or non-attorneys working for online services.
  3. Update regarding ensuring accurate descriptions of goods and services (i.e., minimizing deadwood), especially in the wake of the Federal Circuit decision in In re Bose Corp. Where does the planned quantitative test of deadwood volume stand?
  4. Update regarding any possible upcoming changes to trademark fees, such as for paper or electronic filings.
  5. Status of the Congressionally-mandated study on "Trademark Bullies."
  6. Quality Issues - Discussion regarding the excellent first office action initiative and any other programs that target substantive quality of office actions.
  7. Report on current Trademark Operation speed and quality performance metrics.
  8. Status of this TPAC goal - get the Official Gazette published in HTML rather than in PDF.
  9. Discussion of progress toward the TPAC goal of having electronic certificates of registration with an option to obtain a paper certificate.
  10. TMEP Issues.
    • Discussion of progress toward the TPAC goal of having the TMEP be continuously up to date.
    • Progress on creating a parallel "wiki" TMEP.
  11. Handling of trademark assignments. Shouldn't they be handled by the Trademark Operation? Shouldn't fax no longer be used by the USPTO to communicate about this issue?
  12. Status report concerning use and potential use of captcha technology by USPTO.
 <<5 minute break>>
10:55 - 11:40

Discussion with TTAB Representative regarding TTAB matters.

  1. Status report on coming appointment of new TTAB chief judge and on filing of TTAB judgeship vacancies.
  2. TBMP issues:
    • Status report on getting TBMP up to date in HTML and keeping it easily searchable and in HTML.
    • Report on plans for frequency of TBMP updates after this revision.
  3. Report on recent developments with ACR, including development of "plug-and-play" procedural options.
  4. Update on TTAB becoming more assertive in encouraging settlement
  5. Report on current TTAB speed statistics and case volume statistics.
  6. Update on any recent TTAB actions regarding cases that have lingered on the docket for a very long time.
11:40 - 11:50

Report on Financial Status of the USPTO.

Report from Dana Colarulli at USPTO on the most recent Congressional action concerning USPTO funding, particularly ending fee diversion and granting total fee-setting authority, or other legislative matters pertaining to the USPTO.

  1. Discussion on the financial status of the USPTO designee, including how things ended for FY 2010 and the financial forecast for FY 2011.
11:55 - 12:25

Discussion with the Office of the Chief Information Officer.

  1. Report on status of pending work requests previously submitted by Trademark Operation.
  2. Discussion of status of, and plans for, new computer system for the Trademark Operation - Trademark Next Generation ("TMNG").
  3. VoIP issues for trademark examining attorneys.
    • Status of problems.
    • Update on upgrades.
  4. Status of stabilizing desktop/laptop configurations, including Windows 7/legacy issue.
12:25 - 12:30Public comments on any other issues (if any). We'll extend this time if there are a lot of comments or questions.
12:30Adjourn public meeting.