Agenda for Roundtable April 26, 2010

United States Patent and Trademark Office (USPTO) and George Washington University Law School

Roundtable Discussion

The Future of the Use-Based Register

Monday April 26, 2010

Madison North Auditorium


Alexandria, VA

This meeting will be webcast


9:00 a.m. Remarks by David Kappos, Under Secretary of Commerce for Intellectual Property and Director of the USPTO

9:10 a.m. Introduction of panel participants by Robert Brauneis, Associate Professor of Law and Co-Director of the Intellectual Property Law Program, George Washington University Law School (Prof. Brauneis will also moderate the panel discussions).

9:20 a.m. Panel discussion of In re Bose Corporation, 580 F.3d 1240, 92 USPQ2d 1938 (Fed. Cir. 2009)

Whether the Bose decision will likely result in less vigilance by applicants and registrants regarding the accuracy of the goods and services listed in their USPTO applications, registrations, and registration maintenance documents;

Whether the Bose decision makes it more difficult to force trademark owners to remove inaccurate goods and services from their USPTO applications, registrations, and registration maintenance documents; and

Whether the potential adverse effects of the Bose decision on the USPTO register and on trademark practice are acceptable to the trademark community.

10:20 a.m. Break

10:35 a.m. Review of USPTO data on lengths of identifications of goods and services in registrations and applications by Lynne G. Beresford, Commissioner for Trademarks, USPTO

10:55 a.m. Panel discussion regarding the accuracy of identifications of goods and services in the USPTO's register of marks

Whether a register with accurate lists of goods and services and minimal "deadwood" is a critical feature of the U.S. registration system;

What effect the trend of identifications that are longer and broader in scope may have for small businesses, large trademark owners, the bar and the trademark system as a whole; and

Whether the trademark bar and trademark owners should be concerned about the trend.

11:35 a.m. Break

11:50 a.m. Panel discussion on possible changes in law or procedure to address any negative impacts of Bose or inaccurate identifications

What steps, if any, should be taken by the USPTO or Congress to change or further clarify the standard for proving fraud; and

Whether there should be alternative mechanisms or penalties, other than fraud claims, to ensure the accuracy of IDs and the integrity of the register.

1:00 p.m. End of session