From: Jess Collen [jecollen@collenip.com]
Sent: Wednesday, March 12, 2008 1:03 PM
To: TM Mailing Rules
Subject: express mail
Proposed rule. 2.197 and 2.198 mailing dates
Attn: Ms. Mary Hannon
Dear Ms. Hannon,
I certainly have no objection to this rule in concept, given the availability, success and prevalence of online filing.
However, if there is a computer glitch (either at pto OR at a company's or attorney's facility) there should be a safe harbor provision permitting filers to preserve critical dates. The rule could expressly provide for contingency in case uspto.gov is experiencing difficulties, OR in the event the prospective filer is having trouble getting online; a short one-page petition to accept paper in lieu of electronic, attesting to electronic difficulties, should be sufficient to provide the safety net. The prospects for non-voluntary compliance or abuse are fairly remote and the disruption to the Trademark office de minimum even should a very small cadre of filers opt for paper filing, by choice.
Respectfully submitted,
JESS COLLEN
Mr. Jess M. Collen
COLLEN IP
THE HOLYOKE-MANHATTAN BUILDING
80 South Highland Avenue
Ossining-on-Hudson
Westchester County, NEW YORK 10562 U.S.A.
914 941 5668
914 941 6091 fax
www.collenIP.com
COLLEN IP Intellectual Property Law, P.C.
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