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 »
This idea is submitted to request that the USPTO discontinue the practice that causes words enclosed in brackets in an identification of goods in a newly filed TEAS application to be automatically deleted from the application by TEAS. I am aware that brackets traditionally have been, and still are, used to show goods that have been deleted from a registration. But when a new application is filed, the use of this common ...more »
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 »
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 »
it woudl be helpful to have a section in the manual instructing on how to submit a request under the trademark office's Consistency Initative Program. Currently, the TMEP does not even mention the program.
Currently, Appendix D treats LTD. as if it is only used in Commonwealth countries, when it is actually used throughout the United States as an indication of a corporation. This should be corrected.
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 »
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 »
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.
This issue is in the Rules so cannot be addressed just in the TMEP, but here goes. 37 C.F.R. §2.161. requires the following of a declaration of excusable non-use: (2) If the registered mark is not in use in commerce on or in connection with all the goods or services in the registration, set forth the date when use of the mark in commerce stopped and the approximate date when use is expected to resume; and . . ." For ...more »
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 »
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 »
The benefit of "Priority Action" has not not been clearly given under TMEP 708.01. Responding to a priority action within 2 months will give priority handling of the response. But this is not explained anywhere under the TMEP.
Section 1201.03(a) states (in its title and text) that use by a related party “must” be disclosed in an application. But the Section then proceeds to say that that use by a related party “should” be disclosed in an application under §§1(a) and (b). Is it mandatory or permissive? Either way, since TEAS forms reference use by a related party in the alternative, there may be no need to affirmatively disclose the fact. ...more »
This is a test idea. Please treat it as a sandbox for commenting and voting.