From: Brownlee, Michelle [mailto:Michelle_Brownlee@bose.com]
Sent: Tuesday, July 05, 2016 2:07 PM
To: TM FR Notices <TMFRNotices@USPTO.GOV>
Subject: Notice of Proposed Rulemaking - Trademark Fee Adjustment [Docket No. PTO-T-2016-0005]
To the Commissioner for Trademarks:
I object to the imposition of fees for filing extensions of time for oppositions. The current no-cost procedure encourages settlement, and costs the U.S.P.T.O. very little in terms of administration, since the extensions are filed online and approved in an automated way. I would agree with making applicants for extensions who do so on paper to file a fee, as paper filings would involve some administrative costs.
If the U.S.P.T.O. implements filing fees for extensions of time to oppose, it is likely to have more oppositions filed, which involve much more administrative work than the extensions of time. In my experience, many potential oppositions can be settled within 90 days, but it is typically difficult to settle them within 30 days. Under the proposed fee structure, a potential opposer who has been unable to settle the matter within the first 30 days would have to make the choice after 30 days whether to file an opposition or pay for an extension of time. Under the proposed fee structure, many potential opposers will make the decision to file an opposition while they are negotiating settlement rather than extend time another 60 days in order to try to handle the matter in the most cost effective manner possible – they may not want to pay twice if they are not able to settle the matter within 90 days. This will create a great deal more administrative work for the U.S.P.T.O., and greater unnecessary expense for potential opposers, who likely would have settled the matters without paying fees under the current fee structure. I like the proposal suggested by INTA that would not require payment for the first 90 day extension, but would require payment if another 60-day extension is sought after that.
For the reasons described above, I respectfully request that the U.S.P.T.O. should not implement fees for requests to extend time to oppose.
Framingham, MA 01701 U.S.A.