Commissioner for Trademarks doubles down on “no post office boxes”

I have a client whose office is in a place that lacks reliable USPS postal delivery.  Because of the unreliability of the USPS postal delivery to the client’s office, the client uses a post office box to receive its mail.  For decades this client has been able to use its post office box in its relationship with the Commissioner for Trademarks.  Many of the trademark registration certificates from the USPTO that sit in my client’s safe-deposit box, bearing a gold seal and the signature of the Director of the USPTO, list my client’s post office box as the registrant’s address.  Each six-year and decade renewal that this client has filed in recent years years has repeated my client’s post office box as its address.

But not any longer.  On July 2, 2019, the USPTO published its Federal Register Notice Requirement of U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants.  This notice promulgated et alia new Rules which the Commissioner construes as making it impossible for a trademark applicant or registrant to receive correspondence at a post office box.  And despite having been given multiple opportunities in recent months to soften its position on this, the Commissioner now has doubled down on its refusal to permit the use of a post office box to receive correspondence. Continue reading “Commissioner for Trademarks doubles down on “no post office boxes””

Today is the last day to get your numbers in for the Tote Boards

On January 1, 2020 I invited everyone (blog post) to get your numbers in for the 2019 Tote Boards.  This includes:

  • the Eighth Annual US Design Patent Top Filers Tote Board
  • the Fifth Annual US Trademark Registration Top Filers Tote Board
  • the Fifth Annual US Utility Patent Top Filers Tote Board
  • the Third Annual US Plant Patent Top Filers Tote Board

These Tote Boards will rank the top patent and trademark firms for carrying out filings in 2019 in these categories.  The 2019 Tote Boards will join the previous fifteen Tote Boards which go back as far as 2012.

Today, January 31, is the last day to get your numbers in.

How many responses do we have so far?

  • As for the 2019 Trademark Tote Board, we have more than seventy firms responding, that have between them obtained more than eight thousand trademark registrations in 2019
  • As for the 2019 Utility Patent Tote Board, we have more than sixty firms responding, that have between them obtained more than forty thousand utility patents in 2019
  • As for the 2019 Design Patent Tote Board, we have more than sixty firms responding, that have between them obtained more than seven thousand design patents in 2019

Every year, some firm misses out by failing to get its numbers in by the closing date.  Don’t be that firm!  Get your numbers in before closing day which is today, January 31.  Click here for the:

  • response form for the 2019 (eighth annual) US design patent top filers tote board
  • response form for the 2019 (fifth annual) US trademark registration top filers tote board
  • response form for the 2019 (fifth annual) US utility patent top filers tote board
  • response form for the 2019 (third annual) US plant patent top filers tote board

 

Getting your numbers in for the Tote Boards

On January 1, 2020 I invited everyone (blog post) to get your numbers in for the 2019 Tote Boards.  This includes:

  • the Eighth Annual US Design Patent Top Filers Tote Board
  • the Fifth Annual US Trademark Registration Top Filers Tote Board
  • the Fifth Annual US Utility Patent Top Filers Tote Board
  • the Third Annual US Plant Patent Top Filers Tote Board

These Tote Boards will rank the top patent and trademark firms for carrying out filings in 2019 in these categories.  The 2019 Tote Boards will join the previous fifteen Tote Boards which go back as far as 2012.

The closing date for getting in your numbers will be Friday, January 31, 2020.

How many responses do we have so far?

  • As for the 2019 Trademark Tote Board, we have more than forty-six firms responding, that have between them obtained more than eight thousand trademark registrations in 2019
  • As for the 2019 Utility Patent Tote Board, we have more than forty firms responding, that have between them obtained more than eleven thousand utility patents in 2019
  • As for the 2019 Design Patent Tote Board, we have more than forty-three firms responding, that have between them obtained more than three thousand design patents in 2019

Every year, some firm misses out by failing to get its numbers in by the closing date.  Don’t be that firm!  Get your numbers in before closing day which is January 31.  Click here for the:

  • response form for the 2019 (eighth annual) US design patent top filers tote board
  • response form for the 2019 (fifth annual) US trademark registration top filers tote board
  • response form for the 2019 (fifth annual) US utility patent top filers tote board
  • response form for the 2019 (third annual) US plant patent top filers tote board

Norway is now as trendy, modern and up-to-date as Australia

I had previously identified IP Australia as the Office that was the most trendy, modern and up-to-date so far as DAS participation is concerned.  Of the 25 Offices participating in DAS, IP Australia stood alone as the only Office participating in every way that it is possible to participate.

But now a second Office has joined this high status.  The Norwegian Industrial Property Office now stands as a second Office that participates in DAS in every way that it is possible to participate. Continue reading “Norway is now as trendy, modern and up-to-date as Australia”

Eventually every patent and trademark firm will have a TransferWise account

click to go to TransferWise web site

(Update:  TransferWise has changed its name to Wise Business.)

I have a prediction to make.  My prediction is that within a year or two, every patent and trademark firm around the world that has a substantial international practice will have a TransferWise account.  What prompts me to predict this? Continue reading “Eventually every patent and trademark firm will have a TransferWise account”

Petitions to the Trademark Office re domicile

Readers will recall my postings here and here and here about the Trademark Office’s recent Examination Guideline requiring trademark applicants to reveal to the public where they sleep at night.  

Within recent weeks (see my blog post of December 29, 2019) I have filed petitions in some of my cases asking that the applicant be permitted to withhold this information from the public for reasons of personal privacy and safety.

I was dismayed to hear in the e-Trademarks listserv from a practitioner who reports that he filed such a petition on September 13, 2019 in one of his cases, and he recently telephoned the Office of Trademark Petitions to ask the status of his petition.  He says he was told that there are many such petitions, and they are all “on hold”, and that we should not expect decisions on such petitions any time soon.

Have you had to deal with this?  Have you filed such a petition?  Was it granted?  Please post a comment below.

Who can figure out how I obtained this DAS certificate?

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:

  1. How did I obtain this Certificate of Availability?
  2. 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?  
  3. 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?
  4. 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.  

What to do if your email service provider is blocking our listserv postings

Back on about November 17 we migrated our listserv server from a shared-hosting server to a dedicated server.  This means that our listserv postings are coming from a different IP address now than they used to.

It seems that some email service providers have hair-trigger spam fighting systems that react in a very strong way to email traffic emanating from a new IP address.  Some of the members of our listservs have have found that some or even all of our listserv messages are failing to reach them.

if this has happened to you, there are several things that you can do to help. Continue reading “What to do if your email service provider is blocking our listserv postings”

Get your numbers in for the 2019 Tote Boards

It’s that time of year again.   Get your numbers in if you want your firm to be listed in:

  • the Eighth Annual US Design Patent Top Filers Tote Board
  • the Fifth Annual US Trademark Registration Top Filers Tote Board
  • the Fifth Annual US Utility Patent Top Filers Tote Board
  • the Third Annual US Plant Patent Top Filers Tote Board

These Tote Boards will rank the top patent and trademark firms for carrying out filings in 2019 in these categories.  The 2019 Tote Boards will join the previous fifteen Tote Boards which go back as far as 2012.

The closing date for getting in your numbers will be Friday, January 31, 2020.

Every year, some firm misses out by failing to get its numbers in by the closing date.  Don’t be that firm!  Get your numbers in early.  Click here for the:

  • response form for the 2019 (eighth annual) US design patent top filers tote board
  • response form for the 2019 (fifth annual) US trademark registration top filers tote board
  • response form for the 2019 (fifth annual) US utility patent top filers tote board
  • response form for the 2019 (third annual) US plant patent top filers tote board

January 1, 2020 is a holiday at the USPTO

Wednesday, January 1, 2020 will be a federal holiday in the District of Columbia.  This means the USPTO will be closed.  This means that any action that would be due at the USPTO on January 1 will be timely if it is done by Thursday, January 2, 2020.