Practice Tip: Section 2(d) & Foreign Entity Designations

TEAS drop-down lists of corporate entity types

It would be better if the list of corporate entity types that are available to be selected from the drop-down list in TEAS were limited to the corporate entity types that exist in the jurisdiction in which the corporate applicant exists. The list is extremely long at present and you have to scroll down through numerous corporate entity types that are not applicable to find the correct one. So, for example, if the applicant ...more »

Submitted by (@allisonstricklandricketts)

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Practice Tip: Section 2(d) & Foreign Entity Designations

Sources of comprehensive worldwide corporate entity type info

TMEP Exhibit D is incomplete and should be replaced with a comprehensive source of worldwide corporate entity formation information. For example, Martindale-Hubbell offers a free law digest that provides corporate entity information in virtually all jurisdictions. See https://www.lexisnexis.com/legalnewsroom/lexis-hub/b/legaltoolbox/archive/2009/09/10/martindale_2d00_hubbell-law-digests-now-available-for-your-free-use.aspx?Redirected=true. ...more »

Submitted by (@allisonstricklandricketts)

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Practice Tip: Section 2(d) & Foreign Entity Designations

The Practice Tip needs to be more specific

The problem is that the Examining Attorneys treat Appendix D as the sole and exclusive list of acceptable entities. The examples in Example 4 make clear that "corporation" is equivalent to "joint stock company" or GmbH -- but this should be stated expressly in the Practice Tip, and also at the top of Appendix D. The Appendix should indicate that any type of limited liability corporate entity can be referred to as a "corporation," ...more »

Submitted by (@sdouglass)

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Delete TMEP 1109.17

TMEP 1109.17 Prohibits the withdrawal of a statement of use (in effect, you can’t convert back to a 1(b) application after converting to 1(a)). So far as I can tell, there is no statutory basis for this, and it is inconsistent with the office’s practice of permitting an application originally filed on a 1(a) basis to be converted to a 1(b) application if the specimen submitted with the 1(a) application is rejected by ...more »

Submitted by (@kevingrierson)

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Insertion of random text at end of posts

In a post today, the system added a couple of words to the end of my post: the words "just now" were added to the end of a comment on indexing of the TMEP. I experienced a similar occurrence with a post in the past, but thought it was a typo/mistake on my part. But today I double-checked to make sure there were no words at the end of the post before hitting "submit," and there were not; but after pressing submit, the ...more »

Submitted by (@allisonstricklandricketts)

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USPTO IdeaScale commenting policy

Please note that this discussion board provides a forum for public suggestions and discussion relating to the TMEP. Although the USPTO moderates this discussion board, the USPTO generally will not respond to the comments. However, the comments will be reviewed and considered by TMEP editorial staff in connection with periodic updates of the TMEP.

Submitted by (@stephenaquila)

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2. Registry Agreement/ICANN Contrac

The proposed requirement for relaxation of the currently strict rules against registration of gTLDs makes sense. The AIPLA comments that special rules for registration of gTLDs as trademarks or servicemarks are not needed. The proposed Examination Guideline would allow registration of gTLDs upon proof of : (a) prior registration for an identical mark for the same services or goods, (b) proof that consumers would associated ...more »

Submitted by (@bruceburdick)

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Color claim and description of mark

TEAS requires applicants to describe the colors, and where they appear, in a color mark and to describe the features of a design mark. However, TMEP §808.01, as well as 37 C.F.R. §§2.37 and 2.52, do not seem to require providing such information at the time of filing. The Trademark Law Treaty Implementation Act of 1998 eliminated several minimum requirements necessary to receive a filing date in order to make it easier ...more »

Submitted by (@petersloane)

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Protecting Dead Celebrities per 1203.03(a)

Given the current legal issues regarding the rights to publicity and the rights to privacy and the ability for these rights to continue after death (in certain states and circumstances), it would be extremely helpful for those of us who are charged with protecting the names and images of deceased natural persons, if the miscellaneous statement section was amended to include dead persons as well. This would not require ...more »

Submitted by (@miriamrichter)

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