It will be recalled that there is an appeal pending before the Court of Appeals for the Federal Circuit on “where you sleep at night”. Many months ago, the USPTO had filed a brief in that appeal, representing to the Court that it was protecting the “where you sleep at night” domicile addresses of trademark applicants from exposure to the public. And it will be recalled that recently the USPTO revealed that for more than three years, it had failed to protect the “where you sleep at night” domicile addresses of applicants from exposure to the public, despite having promised to do so. In other words, the representation in that brief was untrue. The Associate Solicitor of the USPTO wrote a letter to the CAFC that sort of admitted this (blog article).
Now the appellant has filed a letter response. You can see it here. It is interesting reading.
The USPTO sent out email messages today reporting what it calls a “Data Security Incident”. It turns out that the USPTO, which promised it would keep the “where you sleep at night” domicile addresses of trademark applicants safe and secure, instead revealed all of the “where you sleep at night” addresses in all of the USPTO’s APIs and bulk data products by which data miners collect data from the USPTO, over a period stretching from February of 2020 to March of 2023.
The USPTO requires each trademark applicant to reveal its own email address when filing a US trademark application. The USPTO promises that if the applicant is represented by an attorney, then only the attorney’s email address will be revealed to the public, and:
Tthe email address listed in the owner field for trademark applicants who are represented by a qualified U.S. attorney will not be publicly viewable.
On July 1, 2023, the State Patent Bureau of the Republic of Lithuania will become even more trendy, modern and up-to-date. That is the date that the Lithuanian patent office will commence participation in the DAS system in four new ways:
as a Depositing Office for purposes of national industrial design applications,
as a Depositing Office for purposes of national trademark applications,
as an Accessing Office for purposes of national industrial design applications, and
as an Accessing Office for purposes of national trademark applications.
The Lithuanian patent office has already been a participant in the DAS system since January 1, 2023 in these ways:
as a Depositing Office for purposes of national patent applications;
as an Accessing Office for purposes of national patent applications; and
as an Accessing Office for purposes of PCT patent applications.
The two-letter code (ISO-3166 code) for this Office is “LT”. The web site of the Lithuanian patent office may be seen here.
To avoid cancellation, a US trademark registration needs to be renewed every ten years. Within the USPTO it is the Post-Registration Branch that has responsibility for reviewing and accepting renewals. The backlog at the Post-Reg Branch is worse than ever, and the USPTO’s dashboard does not accurately report the magnitude of the backlog. Continue reading “Backlog in the Post-Reg Branch at the USPTO”
Two weeks ago I blogged (see blog posting) that US filers filing PCT applications in RO/IB needed to pay extra close attention to what time it is in Switzerland. (And it was the same for e-filers in the Madrid Protocol system.) The reason is that in the US, Daylight Saving Time happened on March 12. But did not happen on that day in Switzerland. This meant that for the past two weeks, a US-based filer in (for example) the Mountain Time zone would be able to e-file in RO/IB as late as 5PM and still get a same-day filing date. This differed from the usual drop-dead time of 4PM.
Today (March 26, 2023) is the day that Daylight Saving Time happens in Switzerland. The consequence of this is that the time difference between the US filer’s time zone and the time in RO/IB is back to normal. So for a US-based filer in the Mountain Time zone, the drop-dead time returns today to the usual 4PM.
Eurasian Patent Organization (yes I realize this is not a country)
Iran (Islamic Republic of)
Republic of Korea
If so, can you please let me know whether your DAS Depositing Office charges a fee for a DAS access code? Please see this page where I am trying to collect all of the answers that kind readers have provided.