How long does it take the Trademark Office at the USPTO to issue a Certificate of Registration? That is to say, once an opposition period has concluded with nobody having filed opposition, how much time goes by before the USPTO actually grants the registration? Is it sometimes slower? Sometimes faster? The amount of delay turns out to be extremely predictable.
A member of the Madrid Protocol listserv asked:
I would like to file an e-subsequent designation for India. The country of origin is the EU and the owner is in an EU-member country. A [Madrid Protocol] application was filed in 2011 designating countries other than India. On the e-Subsequent Designation application page, a number of countries are listed from which to choose to designate protection. India is NOT listed as one of those countries. Am I missing something? Does anyone know why India does not appear in the list of countries to designate subsequent protection to?
I was fascinated to learn why it is that India is a member of the Madrid Protocol and yet an owner of an International Trademark Registration might not be able to carry out a subsequent designation to India. The explanation also offers a reminder how important it is to use an e-validated filing tool from WIPO rather than filing on paper. Continue reading
The majority of US trademark registrations lack “incontestable” status, because the owner of the registration has not filed “Section 15” papers at the USPTO. (I have blogged here about what “incontestable” status means and why a trademark owner might want to gain “incontestable” status.) In this article I will talk about ways to gain “incontestable” status economically.
H.E. Dr. Yasonna Laoly, Minister for Law and Human Rights, Indonesia, and Francis Gurry, Director General, WIPO (click to enlarge)
On October 2, 2017, Indonesia deposited its instrument of accession to the Madrid Protocol at the International Bureau of the World Intellectual Property Organization. The Madrid Protocol will thus enter into force for Indonesia on January 2, 2018.
This brings to 100 the number of members of the Madrid system. Continue reading
Somehow it got put on the back burner, but finally I have sorted and published the results for the 2016 US Utility Patent Tote Board and the 2016 US Trademark Tote Board. You can see all of the Tote Boards here.
A couple of weeks ago I had the great honor to visit at WIPO with the heads of some of the PCT processing teams. These are the people at the International Bureau who interact with callers (applicants and patent practitioners) who have questions and problems relating to PCT. One of the things that they mentioned to me, that I found puzzling when I first heard it, is that in recent months they have received ever-increasing numbers of complaints from people who call to report that they try to send faxes to the International Bureau and are unable to do so. Upon reflection I now realize the likely cause of this problem. And it is definitely not that there is some recent malfunction in WIPO’s fax machines.
(Left to right) Ms. Sunanta Kangvalkulkij, Ambassador, Permanent Representative, Permanent Mission of Thailand to the World Trade Organization; Mr. Thosapone Dansuputra, Director General, Department of Intellectual Property; Ms. Wiboonlasana Ruamraksa, Permanent Secretary, Ministry of Commerce; Mr. Francis Gurry (photo: WIPO/Berrod)
On August 7, 2017, Thailand deposited its instrument of accession to the Madrid Protocol at the International Bureau of the World Intellectual Property Organization. The Madrid Protocol will thus enter into force for Thailand on November 7, 2017. Continue reading
The reader will be familiar with the many factors to be explained to one’s clients to help them decide whether to use Madrid Protocol on the one hand, or ordinary Paris Convention national filings on the other hand, to accomplish foreign filings. Now, starting July 1, 2017, there will be one more factor to be taken into account. Madrid Protocol will have a convenient mechanism by which the holder of an International Registration may request a recording to introduce an indication concerning its legal nature or to change that indication once it has been recorded. Continue reading
I’m just headed over to Opera Samfaina for the e-Trademarks listserv reception. Hope to see everyone there!
(click to enlarge)
(click to enlarge)
Meet the Bloggers XIII was a success! The reception was on the beach in Barcelona. The surf crashed on the sand. Cruise ships and sailboats passed by on the ocean. Tapas and beverages were consumed. Over a hundred people attended.
One more event to attend and then you can feel you have accomplished nearly all of your INTA goals. Yes, the e-Trademarks listserv reception lies ahead, tomorrow (Tuesday) evening.