Public Comments on Amending the First Filing Deadline for Affidavits or Declarations of Use or Excusable Nonuse: Frank Terranella

Sent: Thursday, August 30, 2012 1:37 PM
To: TM FR Notices
Subject: Docket No. PTO-T-2012-0031

Dear Trademark Colleagues:

I write in favor of the proposal to shorten by one year the initial maintenance deadline after registration. To address the questions raised in the Notice:

  1. Deadwood on the registry is a serious problem because it blocks innovation by new businesses. Clearing new trademarks is becoming increasingly difficult due to a crowded registry. To help solve this problem, we should do all that we reasonably can to remove unused marks from the registry.
  2. One reasonable means of removing deadwood is to move up the deadline for showing use. For this reason I support the USPTO proposal. I would support a declaration of use requirement at the end of the fourth and seventh years of registration and then again every three years thereafter. The 10-year declaration could be combined with renewal.
  3. I think the first filing deadline should be four years from the registration date (with a six-month grace period).
  4. I think that the Section 15 filing should be a separate filing, but could be combined with a seven-year declaration or any filing thereafter.


Frank Terranella

Abelman Frayne & Schwab

666 Third Avenue

10th Floor

New York, NY 10017

(212) 949-9022 (Voice)

(212) 949-9190 (Fax)