Public Comments on Notice of Inquiry Regarding Adjustment of Fees for Trademark Applications: Alain Villeneuve

Sent: Monday, August 20, 2012 10:20 AM
To: TM FR Notices
Subject: Comment - Adjustment of Fees for Trademark Applications


Please accept the following comments:

1. Given the objective to increase end-to-end electronic processing of
trademark applications, the significantly higher cost of processing
paper applications, and the ability of the USPTO to offer some fee
reductions, what fee amounts would you consider reasonable for the three
existing methods of filing?

I am of the opinion that the current fees are well balanced and offer
sufficient incentive for me to file preferentially with the TEAS plus
when possible.

2. How much of a discount do you consider appropriate for the
proposed TEAS application fee discount if the applicant authorizes email
communication and agrees to file all responses and other documents
electronically during the prosecution of the application?

The current discounts are sufficient. Of course, my client would
appreciate any reduction in fees.

3. If you generally file trademark applications using TEAS, but not
TEAS Plus, how much of a proposed discount would motivate you to
authorize email communication and agree to file all responses and other
documents electronically during the prosecution of a trademark

I file both with TEAS and TEAS plus. I also file all communications
electronically and do not need any financial incentive. This method of
communication is more efficient and cost effective. My clients would not
benefit from paper filings.

4. If the TEAS Plus fee were reduced and remained the lowest fee,
and the discount TEAS option were also offered, what would be the impact
on the TEAS Plus filing level--i.e. would you be more likely to choose
TEAS Plus as the lowest fee, or to select the discount TEAS option with
its less burdensome requirements?

I already use TEAS Plus as much as possible. The system works well and
entry of goods/services recitations is optimized. I caution the office
that few practitioners who like the current system will take the time to
enter comments.

5. The cost of processing paper filed applications is substantially
higher than electronically filed applications. If you generally file
paper trademark applications, would you continue to do so even if the
paper application fee were to increase, and why?

Having the possibility of filing paper applications is important. I
would keep this option. As stated above, I already use TEAS Plus. I have
never filed an initial application on paper.

6. What advantages and disadvantages do you see in a fee structure
that includes the TEAS application fee discount and a significantly
higher fee for paper-filed applications?

This is the way of the future in a digital world. The only real problem
I see is with the lack of control of the identity of the filer. In the
future, foreign parties will directly file from abroad and by preparing
and filing responses to rejections, will be practicing law outside of
the jurisdiction in violation of the rules on the practice of law. I
would improve the control of the filing representative.


Alain Villeneuve
T: +1 (312) 609 7745 | F: +1 (312) 609 5005
M: +1 (312) 404 1569
Assistant: Eileen Sosnicki, +1 (312) 609 7781

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