Category: Trademarks

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USPTO will be closed on December 24, will reopen as usual on December 26

The President has signed an executive order dated December 19, 2018 closing most federal government offices (including the USPTO) on Monday, December 24, 2018.  This of course raises the usual question whether or not the closure constitutes “a federal holiday in the District of Columbia”.  To answer this question, Director Iancu has issued a statement dated Friday, December 21, 2018 deeming the closure to be such a federal holiday.

This means that any response that would be due at the USPTO on December 22, 23, 24, or 25, 2018 will be timely if it is filed on Wednesday, December 26, 2018.

The US entered a partial shutdown of the federal government a few hours ago, and it would thus be natural to wonder whether this might affect the USPTO, for example when the Office would be scheduled to reopen on Wednesday, December 26.  Here is what the USPTO web site says:

… the USPTO remains open for business as normal. This is possible because the agency has access to prior-year fee collections, which enables the USPTO to continue normal operations for a few weeks. Should the USPTO exhaust these funds before a partial government shutdown comes to an end, the agency would have to shut down at that time, although a small staff would continue to work to accept new applications and maintain IT infrastructure, among other functions.

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US filers and filing at WIPO and daylight saving time

Keep in mind that most locations in the US will turn off daylight saving time today, but today is not the day that Switzerland will turn off daylight saving time.  (Switzerland turned off DST a week ago.)

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.

The main point here is that for a US filer, everything is now “back to normal”.  Whatever time zone offset a US filer is accustomed to between his or her time zone and Geneva, that offset is back to normal.

ePCT will tell you what time it is in Switzerland.

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Daylight saving time and WIPO

Keep in mind that Switzerland will turn off daylight saving time today.  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.

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.

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.

Those who are e-filing in ePCT can readily check any time to see what time it is in Geneva, because at the top of any ePCT user screen it says what time it is in Geneva.  Here is a screen shot.  For example right now it is 4:44 AM Mountain Time and as you can see it is 11:44 AM in Geneva.

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Another fax bites the dust

More and more fax machines and fax numbers are biting the dust.  Here are the most recent announcements (see October 2018 PCT Newsletter):

  • The Intellectual Property Office of New Zealand has just announced that it has discontinued use of its fax machine.
  • The Industrial Property Office of Slovakia has announced that with effect from January 14, 2019, it will discontinue the use of its fax machine.

These follow previous announcements from some months ago, for example:

  • On April 1, 2018, WIPO disconnected its fax machine for Madrid-related communications.
  • Oppedahl Patent Law Firm LLC stopped posting a fax number on July 21, 2018.
  • Some months ago WIPO announced that it is considering discontinuing its fax machines for PCT-related communications from the end of 2018.
  • Some month ago WIPO proposed to discontinue the use of facsimile communications for Hague Agreement communications from January 1, 2019.
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Are you a user of Madrid Protocol? Will you be in Washington on October 27?

Are you a user of the Madrid Protocol? Will you be in Washington, DC on Saturday, October 27?

If so, then please consider helping the World Intellectual Property Organization (WIPO) — and yourself — by attending a focus group of US users of the Madrid system at 7AM on that day at the Washington Marriott Wardman Park hotel in Washington, DC.  Although WIPO’s focus group will be held in conjunction with the AIPLA Annual Meeting, you do not need to be registered for the Annual Meeting to participate in the focus group.
Continue reading “Are you a user of Madrid Protocol? Will you be in Washington on October 27?”

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Malawi joins Madrid Protocol

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On September 25, 2018, the Government of Malawi deposited its instrument of accession to the Madrid Protocol with WIPO’s Director General, making Malawi the 102nd member of the Madrid System, which now covers 118 countries. The Protocol will enter into force for Malawi on December 25, 2018.

Starting from December 25, a trademark owner in Malawi can file a Madrid Protocol application to pursue protection in one or more Offices outside of Malawi.  And starting from that date, a trademark owner outside of Malawi can file a Subsequent Designation to Malawi (or can file a new Madrid Protocol application designating Malawi).

It is recalled that the Patent Cooperation Treaty entered into force on January 24, 1978, initially with 18 contracting states.  But perhaps not all readers appreciate that Malawi was one of those initial 18 contracting states for the PCT!  Saying this differently, Malawi was more trendy, modern, and up-to-date about the PCT than most of the 152 present-day members of the PCT.  Nobody joined PCT sooner than Malawi!

The two-letter code for Malawi is “MW”.