Picking when to hand in a specimen of use?

r-circleI will offer a few thoughts on how a trademark practitioner might pick when (during the prosecution of an ITU trademark application) to hand in the specimen of use.  (I will assume the simple case in which a trademark application contains just one trademark class.  In such a trademark application, there is generally a need only to hand in one specimen of use.)

The idea of an ITU application is that the applicant is not claiming to have actually used the mark in interstate commerce, but is merely professing to have a bona fide intention to use the mark in commerce at some time in the future.

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Brunei joins Madrid Protocol

bruneiBrunei has joined Madrid Protocol.

Brunei deposited its instrument of accession today, October 6, 2016.

The Protocol will enter into force for the purposes of Brunei on January 6, 2017.

This brings the number of members of the Madrid system to 98.

The two-letter code for Brunei is BN.

Cambodia joins the PCT

cambodiaCambodia deposited its instrument of accession to the PCT on September 8, 2016.  This event brings the number of PCT members to 151.

The Treaty will enter into force on December 8, 2016.

The two-letter code for Cambodia is KH.

Examiners discover a new RCE trick

We’ve become aware of a new trick that Examiners at the USPTO use to force an aotdp-1pplicant to file an RCE.  I hesitated for a while to blog about this, fearing that this blog article would educate any Examiners that did not already know about this trick.  But hopefully the powers-that-be at the USPTO will read this blog article and will take appropriate steps to block the trick.  And anyway maybe the word had gotten around the Examining Corps about this trick some time ago, and maybe there aren’t any Examiners that don’t already knew about this trick.

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Worsening backlogs at some Global Entry interview centers

geLast April I blogged about the unreasonable delays due to backlogs for interview appointments at Global Entry interview centers.  Back then, at San Francisco airport, the backlog was five months.  Back then, at Portland (Oregon) airport, the backlog was four months.  At Denver airport, there was simply no appointment available no matter how long you were willing to wait.  The backlog was essentially infinite.

How are things now, in October of 2016?  At San Francisco airport, the backlog has worsened to six months.  At Portland airport, the backlog has worsened to seven months.  And at Denver airport, the backlog is still infinite.  No appointments are available there.   I checked Los Angeles International airport – the backlog there is six months.  Boston Logan Airport has a backlog of nine months.

The folks in charge of Global Entry need to staff their interview locations appropriately to reduce the backlog.

 

Autumn in Colorado

summit-countyOppedahl Patent Law Firm LLC’s office is located not far from the hiking trail from which I took this photograph today.  The aspen trees are at peak autumn colors this weekend.  (Click on the photograph to see it full size.)

Japanese PCT search fee increases today

The search fee for ISA/JP will increase today for US PCT filers.  For a US PCT filer whose PCT application is filed in English, the search fee was previously $1378.  Starting today, it will be $1530.

 

Cancellation petition filed against “Make America Great Again”

Readers will recall (see blog articles here and here and here) that in 2015, Donald Trump filed a number of trademark applications for “MAKE AMERICA GREAT AGAIN”.  Two are now registered and the other two have Notimagaces of Allowance.

Someone has now filed a cancellation petition seeking to cancel one of the registrations (quoted at right).

The Answer is due November 7, 2016, which I note is a day before election day.

 

 

A new WIPO chemical structure searching tool

structureWhen I was first in practice some thirty years ago, the way that you kept abreast of any and all developments in IP law was … you paid $1000 per year to subscribe to BNA’s PTC Journal.  This came out every two weeks, if I recall correctly, and told its readers about rulemakings, important court cases, and other developments.  Some years later it became commonplace for professional organizations like AIPLA and the ABA/IPL to send out an email newsletter reporting important events maybe a week after the event occurred.

How things have changed.  Nowadays if I want to know whether something important happened, the way I find out is that one of the IP bloggers blogged about it (see Patently-O and TTABlog and the other bloggers who sponsor “Meet the Bloggers“).  Or I learn about it from one or another of the listservs for IP professionals (see some of the listservs here).  Or if, like me, you are an adjunct professor on an IP subject, you can benefit from the IP Profs listserv.  Generally if something interesting or important has happened, I can be pretty sure that I will hear about it from one of these valuable resources.  And I will likely hear about it from one of these resources much sooner than from any of the legacy sources.

Which brings me to today’s posting.  Alert listserv member Rick Neifeld posted an article to the PAIR listserv.  He wrote:

WIPO is launching a structure search functionality early in October.

By which he means a functionality for searching chemical structures.

Now there have always been resources for searching chemical structures.  The ones I have known about over the years were fee-for-service resources from providers such as Orbit and Dialog.  I don’t really know but I have to assume that USPTO and the other major patent offices must have always had internal resources for searching chemical structures.

I like to think that I keep on top of many if not most outreach efforts and initiatives from WIPO.  And I had never heard that WIPO is launching a structure search functionality, let alone that it would be launched early in October.  How did I hear about it?  From Rick in the PAIR listserv.  Bless his heart he also posted his notes and comments and excerpts from the WIPO presentation slides.  You can see them here.  It seems that WIPO gave an outreach presentation today, and Rick attended, and later the same day he provided his very helpful notes.

As I understand it from Rick’s notes, this will be an add-on to the existing search functionalities of Patentscope.

Thank you Rick!

Oh by the way, the first poster to correctly identify the chemical in the structure quoted above will receive a piece of swag, namely an official OPLF voltmeter.