We request additional time to review and comment on the Examination Guidelines, given the relatively short initial comment period allocated and the lack of Federal Register notice to help adequately inform the public of the release of this important draft document. We request PTO grant an additional 30 days for comments on this topic.
Geographic Certification Marks
Update: We would like to get as much feedback as possible while still maintaining our schedule for the exam guide, so we have extended the comment period until August 15. We look forward to receiving your comments, and please do not forget to review and vote on the other proposed ideas.
I am a partner with the law firm Abelman Frayne & Schwab. We represent clients in a wide variety of industries, including the alcoholic beverage and food industries. In preparing this statement we did not seek input from any of the firms clients, nor have any of our clients reviewed this statement prior to its posting on this site. The wording of Section II(C) includes misleading paraphrasing of the cases and TMEP ...more »
The Idaho Potato Commission (“IPC”) hereby submits the following comments on the Examination Guide for Geographic Certification Marks being proposed by the U.S. Patent and Trademark Office (“USPTO”). IPC is a statutorily created agency of the government of the State of Idaho. It is governed by nine Commissioners appointed by the State’s Governor; five potato growers, two potato shippers and two potato processors. IPC ...more »
** As an overall comment, while we welcome the chance to respond to the proposed changes, we find the time allowed and the announcement given to the affected communities wholly inadequate. We strongly support allowing more time, perhaps 2-3 months, to expand the awareness of these actions. The American Origin Products Association (AOPA) is a relatively new 501c6 trade association representing over 5,000 producers, ...more »
Section B.1.a. "Certification Statement Must Define the Relevant Region" states that if the proposed certification mark consists of the wording MARYLAND APPLES and the certification statement indicates that the apples originate in Maryland, Virginia, or Delaware, then the Examining Attorney must determine if Maryland is famous for apples or its principal products include apples. Why does the Examining Attorney need to ...more »
Section B.4. discusses specimens of use for geographic certification marks in the context of the application for registration. It does not discuss the requirements for specimens filed post-registration (such as for the renewal of the registration). At such times, what criteria must the specimens meet - the same ones as for trademarks or service marks? Does the registrant have an affirmative obligation to submit changes ...more »
We would like to make the folllowing comments on behalf of the European Union: 1. Section II.B.3 (P.4-5) a) Proposal: The guidelines refer to criteria and ways of determining whether a mark, for which an application has been made, is possibly generic. The list of suggested criteria to guide the "examining attorney", when he/she is assessing the evidence of genericness, is of a very general nature, and in particular ...more »
The Consorzio del Prosciutto di Parma (the “Consorzio”), a consortium of producers of Italian prosciutto thanks the United States Patent and Trademark Office (“Office”) for the opportunity to provide comments regarding the Draft Examination Guide on Geographic Certification Marks (“Draft Guide”). The Consorzio owns several geographic certification marks including PARMA HAM®, PROSCIUTTO DI PARMA® and others that serve ...more »
The Organization for an International Geographical Indications Network (oriGIn) is the global alliance of geographical indications (GIs), representing some 350 groups and over two-million producers. oriGIn advocates for the effective legal protection and enforcement of GIs at the national, regional and international level. We would like to thank the USPTO ...more »
The International Trademark Association (INTA) Related Rights Committee’s: Subcommittee on Geographical Indications hereby submits the following comments on the Examination Guide for Geographic Certification Marks being proposed by the U.S. Patent and Trademark Office (“USPTO”). INTA is a not-for-profit membership association of more than 6000 trademark owners and professionals, from more than 190 countries, dedicated ...more »
Pursuant to the Office’s request published at USPTO.gov, I take this opportunity as a trademark practitioner to provide comment on the current draft examination guide entitled “Geographic Certification Marks” (“Draft Exam. Guide”). Thank you for soliciting input regarding this important area in the law. Undoubtedly, the additional guidance set forth in the PTO’s Draft Exam. Guide, along with comments provided by the ...more »
Focus Must Always Remain on the Applicant’s Proof that the Applied-for Term Functions Primarily to Identify Geographic Origin: Section II(C), page six, of the Draft Exam. Guide misconstrues a significant area of inquiry applicable to the issue of whether a mark functions as a geographic certification mark. As phrased, the Draft Examination Guide suggests an “either/or” proposition—i.e., that an applied-for mark either ...more »