Back in the day (i.e., before November 19, 2011), trademark applicants could only list a single email address to receive electronic notices from the U.S. Patent and Trademark Office (“USPTO”). However, after the most recent version of the Trademark Electronic Application System (“TEAS”) was released (version 4.9), trademark applicants were allowed to list additional email [...]
The U.S. Patent and Trademark just released a new Exam Guide entitled Additional Considerations for Determining Whether Wording in a Mark Comprises a Unitary Phrase or Slogan for Purposes of Disclaimer. The new Exam Guide can be found at http://www.uspto.gov/trademarks/resources/Trademark_Exam_Guides.jsp The Exam Guide supplements Section 1213.05 of the Trademark Manual of Examining Procedure (“TMEP”) and [...]
The United States Patent and Trademark Office (“USPTO”) has redone its website at www.uspto.gov. According to the USPTO, the new website was designed from best practices to make it easier to learn about and engage in the activities and services of the USPTO. For those who prefer the old website, it can still be accessed [...]
Trademark applicants sometimes ask to retain us as their attorneys for a trademark application and ask if they can remain the correspondent. Pursuant to 37 CFR Section 2.18(a)(7), they cannot remain the correspondent: Once the Office has recognized a practitioner qualified under §11.14 of this chapter as the representative of an applicant or registrant, the [...]
Below are some of the highlights of changes from the new version of the Trademark Manual of Examining Procedure. PART I: EXAMINATION CERTIFICATION MARKS Regional Origin – TMEP 1306.02(a) The defined region in the certification statement should be limited to the place named in the mark if the named place is famous [...]
This month, the United States Patent and Trademark Office (“USPTO”) released the Eighth Edition of The Trademark Manual of Examining Procedure (“TMEP”). This latest edition can be accessed on the USPTO’s website. If you are wondering what changes were made in the latest edition, check out the USPTO’s Index to Changes. It goes through section [...]
Recently, the United States Patent and Trademark Office (“USPTO”) announced enhancements to its Electronic Trademark Assignment System (ETAS). The enhancements include the following: Notices of receipt, recordation, and non-recordation will be sent by email when authorized The assignement documents can now be viewed on the USPTO’s website Entity type and citizen information for the receiving [...]
15 U.S.C. § 1060 governs assignments. Among other things, § 1060 requires that assignments be in writing: § 1060. Assignment (a) (1) A registered mark or a mark for which an application to register has been filed shall be assignable with the good will of the business in which the mark is used, or with [...]
A trademark applicant cannot assign an intent-to-use application before the applicant files an allegation of use (i.e., either an amendment to allege use under 15 U.S.C. §1051(c) or a statement of use under 15 U.S.C. §1051(d)), except to a successor to the applicant’s business, or portion of the business to which the mark pertains, if [...]
Each trademark application filed with the United States Patent and Trademark Office (“USPTO”) is assigned an eight-digit serial number comprised of a two-digit series code and six additional numbers assigned by order of filing within the series code. To ensure that a communication is correctly routed within the USPTO, trademark applicants must include the entire [...]
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