When I was first in practice, many years ago, the only way to file a trademark application was on paper.  Another way to say this is that the rate of e-filing was zero percent.

The US Trademark Office introduced trademark e-filing on March 20, 2000.  The first-ever electronic US trademark application was filed at 10:30 AM on that day.  Later that day, I launched the E-Trademarks listserv, an online community that continues to be very active now in 2018.

I did not have an opportunity to e-file a US trademark application for the first time until ten days later, on March 30, 2000.

Interestingly, in those early days the way that an electronically filed US trademark application got examined was that somebody at the Trademark Office printed it out on paper, and then the printout was injected into the workflow as if it had been paper-filed.  It took almost a year for the Trademark Office to implement electronic workflow for the Examining Attorneys.

By now in 2018 the rate of e-filing, depending on your metric, is something in excess of 99%.  But it seems that 99% is not good enough for the Trademark Office.  The Trademark Office would like to eliminate that last 1%, as may be seen in the Federal Register notice of May 30, 2018.  The Trademark Office proposes to mandate that only e-filing be used for trademark filings, thus eliminating the option of paper filing except in certain narrow situations.

When I was first in practice, pretty much the only way that a group of trademark practitioners could make their view heard in a rulemaking proceeding was through a professional or industry association such as INTA or AIPLA.  In recent years, however, the E-Trademarks listserv has submitted comments.  You can see comments that the listserv submitted in 2016.  And just yesterday the E-Trademarks listserv submitted comments in the present rulemaking.  You can see the comments here.

Now and again a client really brightens a person’s day.  Some months ago we filed a set of trademark applications for a very pretty logo of our client Nefeli Networks, a high-tech startup in Berkeley, California.   Continue reading →

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Meet the Bloggers XIV was very successful.

From left to right, blogger/sponsors Erik Pelton, John Welch, Pamela Chestek, Tara Aaron, Marty Schwimmer, Carl Oppedahl, Ron Coleman. (Not shown: blogger and sponsor Marc Randazza.)

To make sure that you hear about the details for MTB-XV in Boston in 2019, be sure to subscribe to all or nearly all of the blogs.

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As a reminder you are invited to two receptions this week in Seattle!  Continue reading →

Hopefully you are planning to attend the E-Trademarks Listserv reception this coming Monday evening, May 21 in Seattle.  This will be at the Gordon Biersch Brewery Restaurant.  For more information, or to RSVP, click here.

I stopped by the brewery today and they gave me their list of beers that will be on tap for the reception.  You can see the detailed list here, and this is a simplified list:

• Traditional German Biers
  • Golden Export – Dortmunder Lager – light and refreshing
  • Marzen – Oktoberfest – malty and roasted
  • Czech Pilsner – Bohemian pilsner – hoppy
  • Hefewizen – German wheat bier – fruity and spicy   
• Modern American Craft and other styles
  • Maibock – German-style lager – malty and strong
  • Belgian pale ale – belgian ale – fruity and spicy
  • Mexi-lager – lager – light and refreshing
  • Belgian IPA – Belgo-style ale – fruity and hoppy
  • The Beast Imperial IPA – India pale ale – hoppy and strong
  • Imperial Stout – stout – dark

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Okay, dear readers, tell me the truth — the instant you saw these Tesla charging pedestals, didn’t you immediately think of another consumer product?

Continue reading →

Will you be in Seattle on May 21, 2018? Maybe for the annual meeting of the International Trademark Association (INTA)?

The reception will be Monday, May 21, 2018 from 6PM to 8PM.  Click here to RSVP.

Gordon Biersch Brewery Restaurant, 600 Pine Street – suite 401, Seattle, WA 98101.

See also Meet the Bloggers XIV will will take place the next day.