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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)

Voting

1 vote
1 up votes
0 down votes

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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0 votes
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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)

Voting

1 vote
1 up votes
0 down votes

Discuss the Format of the TMEP

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)

Voting

2 votes
3 up votes
1 down votes

Discuss the Format of the TMEP

Use by related party

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 »

Submitted by (@petersloane)

Voting

5 votes
5 up votes
0 down votes

Discuss the Format of the TMEP

Brackets appearing in g/s identification of newly filed app

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 »

Submitted by (@allisonstricklandricketts)

Voting

0 votes
2 up votes
2 down votes

Discuss the Format of the TMEP

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)

Voting

-1 votes
1 up votes
2 down votes

Discuss the Format of the TMEP

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)

Voting

2 votes
2 up votes
0 down votes

Discuss the Format of the TMEP

Excusable Non-Use - TMEP 1604.11

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 »

Submitted by (@allisonstricklandricketts)

Voting

2 votes
2 up votes
0 down votes