New USPTO “series code” for Hague Agreement cases

Those whose practice includes “inbound” Madrid Protocol trademark applications are accustomed to the series code “79”.  When you see a USPTO application number that starts with “79” you know that it is a trademark application number and that it came to the USPTO from the International Bureau of WIPO.  Someone who filed a Madrid Protocol trademark application (in a place other than the USPTO) must have designated the US.

Now the USPTO has picked the series code that it will use for Hague Agreement applications.

The new “series code” for inbound Hague Agreement applications will be “35”.  When you see a USPTO application number that starts with “35” you will know that it is a design patent application number and that it came to the USPTO from the International Bureau of WIPO.  Someone who filed a Hague Agreement design application must have designated the US.

Readers who have been following the Hague Agreement closely will be aware of an important difference between the Madrid Protocol and the Hague Agreement.  With the Madrid Protocol, you can’t do a “hairpin turn”.  You can’t file in the USPTO as Office of Origin and also designate the US.  But with the Hague Agreement, if you file in the USPTO as Office of Origin, you will be able to designate the US if you wish.  In other words with the Hague Agreement you can do a “hairpin turn”.

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