Subject: Proposed Rule Changes

Attention: Mary Hannon

Dear Ms. Hannon,

This is in response to the request for comments regarding the Notice published in the OG of January 13, 2004. While I have no problem with the proposal to do away with the requirement for submitting the original Trademark certificate when a registrant seeks to correct or amend the registration, I do have concerns regarding the one year time limit to correct mistakes of either the PTO or the regisrant. Some errors might not be noted or brought to light until it is time to file a Section 8 and Section 15 declaration or until it is time to renew. I would suggest that there be no change in the present law as to time to file the certificate of correction. If there is a one year period time limit imposed for seeking correcton of a registration fro either the mistake of the PTO or the registrant, then the registrant should be able to effect the correction later upon payment of a fee, rather than jeopardize the validity of the registration. The PTO has been very dilinquent in issuing certificates of correction. For example, I have a patent matter where the office error was noted more than two years ago and I still do not have the corrected patent. Thank you for your consideration.

Very truly yours,

Seymour Rothstein
Olson & Hierl, Ltd.
20 North Wacker Drive
36th Floor
Chicago, IL 60606
(312) 580-1180
(312) 580-1189 - Fax