Daylight saving time and WIPO

Keep in mind that Switzerland will turn off daylight saving time today, October 30, 2022.  Those who are filing documents at the International Bureau — documents that need a same-day filing date — should check to make sure they know what time it is in Switzerland as of today.

For US filers, keep in mind that the US will not turn off DST today.  The US will turn off DST a week from now, on November 6, 2022.

US filers who are getting ready to file a document at the IB should thus pay close attention during this next week to what time it is in Switzerland.

Most readers of my blog will appreciate that the correct terminology is not “Daylight Savings Time” but “Daylight Saving Time”.

The practical effect for most US filers is that for the next week, you get an extra hour to e-file.  For example if you are in the Mountain Time Zone, normally you rush to file by 4PM if need a same-day filing date at the IB.  But for the next week you can file as late as 5PM and you will still get a same-day filing date at the IB.

December 3 will be the day — three months for trademark responses to Office actions

Yes, folks, Saturday, December 3, 2022 will be the day.  Starting December 3, you will only get three months to respond to a USPTO trademark Office Action instead of the usual six months.  This article hopefully answers some of your questions about this change.  Continue reading “December 3 will be the day — three months for trademark responses to Office actions”

The “where you sleep at night” Federal Circuit appeal – first brief

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(update:  the appellee’s brief has been filed.)

(update:  an amicus brief has been filed.)

Many readers are aware of the keen obsession that the Trademark Office at the USPTO has in knowing where trademark applicants sleep at night.  Readers who are familiar with the statutes and rules and accumulated court cases relating to the right and wrong ways to do “rulemaking” may also have gone to the trouble of looking at the steps that the Trademark Office followed in promulgating its rules that, since a couple of years ago, have required applicants to reveal to the Trademark Office where they sleep at night.  But perhaps not so many readers are aware that right now there is pending in the Court of Appeals for the Federal Circuit a case that asks the Court to consider striking down those rules.

There is now an important development in that Court of Appeals case.  Continue reading “The “where you sleep at night” Federal Circuit appeal – first brief”

How often do you check the Systems Status page?

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If you regularly make use of TEAS or PAIR or Patentcenter or EFS-Web, you probably find yourself checking the USPTO Systems Status and Availability web page (screen shot at right) from time to time.

Wouldn’t it be nice if somehow you could be notified automatically when that web page changes?  Well, now you can be notified automatically, if you choose to participate in a beta test of my new change-detection system.  Continue reading “How often do you check the Systems Status page?”

More US trademark applications that lack an Examining Attorney

Yesterday (blog article) I reported half a dozen US trademark applications that had been filed as much as 2½ years ago and still did not have an Examining Attorney.   Here are five more US trademark applications that were filed a long time ago and still do not have an Examining Attorney:

Application
Number
Filing Date
90824061 12 July 2021
90833853 16 July 2021
90833862 16 July 2021
90833857 16 July 2021
90849560 26 July 2021

Continue reading “More US trademark applications that lack an Examining Attorney”

Why a “presentation copy” from the USPTO is no good

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As I explain in this blog article,  “presentation copies” from the USPTO are not very good from a “suitability for framing” point of view.  But what is much worse is that “presentation copies” are going to cause harm to the trademark community.  The Trademark Office’s recent spotlight on “presentation copies”, and indeed the Trademark Office’s recent program of giving them away for free, will very predictably embolden some trademark owners in overstating the breadth of their trademark rights.  The Trademark Office will be aiding and abetting the intimidation of parties who are not actually doing anything wrong but who are the target of overly broad cease-and-desist letters.  Continue reading “Why a “presentation copy” from the USPTO is no good”

US trademark applications that lack an Examining Attorney

(July 11, 2022.  Updated to provide a TSDR link for each application number.  Still none of the applications has been given to an Examining Attorney.)

The USPTO reports a pendency of around six to seven months for newly filed US trademark applications.  But there are quite a few trademark applications that were filed a lot longer ago than that, that still do not have an Examining Attorney.  Here are some examples:

Application
Number
Filing date
88704832 November 25, 2019
88729476 December 17, 2019
88729463 December 17, 2019
88729452 December 17, 2019
88729389 December 16, 2019
88794834 February 12, 2020

As you will see, the oldest one on this list was filed more than 2½ years ago and still does not have an Examining Attorney.   I hope and trust that some reader of this blog article who works in the Trademark Office will pass along these six application numbers to whoever it is that is responsible for assigning Examining Attorneys to trademark applications.

It strikes me that this is the sort of thing that computers are supposed to be good at.  How can it possibly be that the Trademark Office does not already have some automated process that runs, say, once a month, and generates a report like this?  Such a report would permit the appropriate Trademark Office person to take corrective action (see 37 C.F.R. § 2.23(d) and TMEP § 108.03) by assigning an Examining Attorney.