On November 18, 2019 I posted this blog article reporting the quite remarkable news that IP Australia had joined the DAS system for purposes of trademarks. Even now in January 2020 no other Office is a member of DAS for purposes of trademarks. In that blog article I proved to you that IP Australia must really be an Accessing Office for purposes of trademarks, and I did it by posting an actual Certificate of Availability from the DAS system, showing that US trademark application number 77087422 is available to IP Australia through the DAS system. But more than a month has passed during which no trademark practitioner raised the following questions:
- How did I obtain this Certificate of Availability?
- If the USPTO is not a depositing Office for trademarks, then how is it that this US trademark application is available to IP Australia in DAS?
- To obtain this Certificate, I had to somehow get a DAS access code to plug into the DAS system. Where did I get this DAS access code, given that the USPTO does not provide DAS access codes for trademark applications?
- And most importantly, how is it that no reader of this blog even caught on that these questions needed to be asked?
If you somehow figure out or already know the answers to questions 1-3, please post a comment below. In doing so, you will gain recognition as a truly trendy, modern, and up-to-date trademark practitioner.
https://www.uspto.gov/patents-getting-started/international-protection/electronic-priority-document-exchange-pdx
I do not see where your comment or the linked USPTO web page provide answers to any of those questions, sorry.
1. Ant-like persistence.
2. The USPTO systems will answer any request that includes an application number and a 4-digit access code.
3. See 1 and 2.
Yes but the USPTO does not provide DAS access codes for trademark applications. So I do not see how your point 2 sheds any light on things.
You obtained the Certificate of Availability from WIPO by first providing WIPO with a paper certified copy of the application, which you first obtained from the PTO. Once they processed the certified copy into the DAS system, WIPO sent you the DAS access code, which you then used to request the Certificate of Availability.
Yes that’s exactly right. This means that in case anybody wondered, Richard A. Schafer is trendy, modern and up-to-date on DAS.