Trademark Office has not backed down yet on post office boxes

Back on September 24th (blog article) a very high-up person in the Office of the Commissioner for Trademarks had telephoned me, promising me that Real Soon Now the Trademark Office would issue yet another Exam Guideline, doing the right thing about post office boxes.  Unfortunately that has not happened.  Trademark practitioners are starting to receive super-intrusive Office Actions demanding things like revealing the personal home addresses of clients.  What can be done about all of this? Continue reading “Trademark Office has not backed down yet on post office boxes”

Today is the day for Malaysia and the Madrid Protocol

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Today is the day.  As of today, a trademark owner in Malaysia can file a Madrid Protocol application to pursue protection in one or more Offices outside of Malaysia. Starting today, a trademark owner outside of Malaysia can file a Subsequent Designation to Malaysia (or can file a new Madrid Protocol application designating Malaysia).

The two-letter code for Malaysia is “MY”.

 

Why do we need so many specimens of use nowadays?

Nowadays when the time comes to do a six-year or ten-year renewal of a US trademark registration, I find that I often need to spend a lot of extra professional time explaining to the client why I feel we need to have lots of extra specimens of use. And I find I often need to spend a lot of extra professional time explaining to the client why I feel we need to work harder than ever before on canceling goods and services from the registration as part of the renewal process. I’ll explain why this is. Continue reading “Why do we need so many specimens of use nowadays?”

December 24 and 25 are holidays at the USPTO

It was already known (blog post) that Wednesday, December 25, 2019 will be a federal holiday in the District of Columbia.  Today’s news is that in addition, by order of the President, the federal government will be closed on Tuesday, December 24.  This means the USPTO will be closed not only on December 25 but also on December 24.  This means that any action that would be due at the USPTO on December 24 or 25 will be timely if it is done by Thursday, December 26, 2019.

December 25 is a holiday at the USPTO

Wednesday, December 25, 2019 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 December 25 will be timely if it is done by Thursday, December 26, 2019.

Listserv update redux

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(Update:  See a followup message here about a step that you might take to try to get the listservs working for you again.)

(See also I turned on munging.)

(Updated to describe shipment of digital multimeters.)

Readers may recall my recent blog article about woes with outbound emails from our listserv server.

Alert listserv member Diane L. Gardner of Mastermind IP Law P.C. posted this comment to that blog article:

From my IT provider:

They do not have a spf record.

And her IT provider was absolutely right.  I had not attended to setting up an SPF record on our new dedicated server.  I ought to have done that sooner.  Prompted by her posting, we added the SPF record.  Here is the record:

v=spf1 +mx +a +ip4:162.213.248.195 ~all

We have sent two of our digital multimeters to Diane — one for her and one for her IT provider.  Thanks to both of you!

We also corrected a PTR (reverse DNS lookup) record.  The PTR record is “195.248.213.162.in-addr.arpa.” pointing to “server1.oppedahl-lists.com.”.

There’s a chance these two changes might help a little.

We already had and still have a DKIM record.  The DKIM record is “server1.oppedahl-lists.com.” pointing to “v=DKIM1; k=rsa; p=[public key]”.

Thanks again to the nice commenter.

If you have stopped receiving listserv postings

(Update:  See a followup message here about a step that you might take to try to get the listservs working for you again.)

(Here is an update.)

(See also “I turned on munging“.)

Oppedahl Patent Law Firm LLC sponsors a dozen listservs (email discussion communities) free of charge for the intellectual property community.   If you are a subscriber to one or more of the listservs, and if you have stopped receiving the postings, read on.

You can see many of the listservs here.  The email discussion communities sponsored free of charge by OPLF include:

On about November 17, we migrated the listservs from “shared hosting” at our hosting provider to “dedicated hosting”.   In the old system, our outbound listserv traffic was commingled with that of the many other customers of our hosting provider who were also being hosted on the particular server that was our “shared server”.  (In case it is of interest to you, our traffic came out from IP address 198.54.114.161.)  But starting on about November 17, our outbound listserv traffic came out all by itself, not commingled with anybody else’s traffic, from our dedicated server.  (In case it is of interest, our traffic now comes out from IP address 162.213.248.195.)

The volume of our outbound email traffic is no greater than before, and the nature and type of our traffic is unchanged from what it was before.  But instead of being commingled with outbound email traffic from other entities unrelated to OPLF, it now comes out from an IP address that is not the source of email from anybody other than OPLF.

And starting on about November 18, several email service providers, among them Google, have been randomly blocking lots of our email traffic. 

As best I can see, the service providers use some poorly designed AI algorithm.  The algorithm notices that email traffic is arriving from a new IP address, and the algorithm notices that multiple email messages from this new IP address have identical content, and then the algorithm in a very mindless way decides to block random messages that arrives from that IP address.  

If the decision whether or not to block randomly selected emails were made by an actual human being, things would be different.  The human being would see the multiple identical email messages being a very dry discussion of some obscure aspect of the Patent Cooperation Treaty or the Madrid Protocol or the Hague Agreement and would realize that this is not a sales pitch for a cream for dissolving skin moles or a proposal of a way to spirit ten million dollars out of a bank in Nigeria.  The human being would notice that each of the listserv messages has an “unsubscribe” link and is emitted from a “Mailman” software system that ensures that email postings only get sent to people who have actually subscribed to the listserv.

But it is clear that these decisions, at Google and at other email service providers, are being made by poorly designed algorithms that do not exercise any such judgment.  

I have attempted to contact several of the poorly behaved email service providers, including Google, but I have not been able to reach an actual human being at any of them.  And I have not gotten any of them to pay any attention to this problem.

As far as I can see, the only chance of straightening this out is for you, the paying customer of the email service provider, to instruct your email service provider to be smarter.  As I describe here, this might be a matter of whitelisting emails that are “From:” particular email addresses in our listserv system.  Or it might be a matter of whitelisting emails where the “envelope sender” is “server1.oppedahl-lists.com”.  Or it might be a matter of whitelisting emails where the sender is IP address 162.213.248.195.  It might be as simple as instructing them to read this blog article.  

Your email service provider probably won’t do this because I ask.  Probably if they do the right thing it will only be because you ask it to do so.

If you do contact your email service provider and give them instructions, please post a comment below for the benefit of other readers and listserv members.  Indeed the accumulated comments might help a decisionmaker at a company like Google to better appreciate what is the right thing to do about this.

November 28 is a holiday at the USPTO

Thursday, November 28, 2019 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 November 28 will be timely if it is done by Friday, November 29, 2019.

DAS system now supports trademark applications

Readers are already familiar with WIPO’s Digital Access Service (“DAS”) which facilitates interchange of electronic certified copies (“ECC’s”) of utility patent applications, utility model applications, and design applications for purposes of priority claims.  But maybe some readers are not aware that the DAS system now supports interchange of ECC’s of trademark applications.  Continue reading “DAS system now supports trademark applications”