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Here are the recent USPTO filing statistics through the first half of 2015:

 

New trademark application filings at the USPTO:

  • First half of 2015: 183,205 new applications filed (data retrieved via TESS search on USPTO.gov on July 7, 2015]
  • First half of 2014: 165,934 new applications filed (data retrieved July 8, 2014)
    • [note that when searched on July 7, 2015, the USPTO database indicated 172,398 filings during that period]

The filing numbers tend to grow when more when some time has lapsed – one reason is because applications can be “split” or divided during the prosecution process and create multiple applications with the same filing date.

But when measure a weak after the mid-year last year vs. a the same time frame this year, the USPTO TESS database shows a 10.4 percent increase in the number of applications filed in 2015. This could be the largest leap in year.

USPTO trademark filings in 1st quarter of 2015 up 3%

Posted by ipelton on: April 13th, 2015

The volume of trademark application filings at the USPTO continues to rise steadily. Filings in the first 3 months of 2015 are up approximately 3% over the same time period from last year.

  • First 3 months of 2015: 86,628 new applications filed
  • First 3 months of 2014: 84,063 new applications filed
  • First 3 months of 2013: 80,392 new applications filed
  • Last 3 months of 2014: 81,850 new applications filed

[Note: All data retrieved via TESS search on USPTO.gov on April 8, 2015]

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Timeline for trademark creation, protection and launch

Posted by ipelton on: March 25th, 2015

Of course, every new brand name has unique circumstances and timing issues. And there are a plethora of factors that can disrupt this timeline. But here is a rough ideal timeline for protecting and launching a new brand name.

  1. Search potential names for clearance, and settle on one available name.
  2. As soon as possible after Step 1, apply to register the name at the USPTO based on an intent to use the name.
  3. Application will be reviewed by USPTO approximately 4 months after filing in Step 2.
  4. Receive preliminary approval at USPTO, hopefully, four to six months after filing in Step 2.
  5. The trademark application is published in public record (the “Official Gazette”) by the USPTO approximately two months after Step 4.
  6. During the 30 day publication period, hopefully no one files an objection (“Notice of Opposition”) or an extension of time to oppose.
  7. Approximately one month after the end of the publication period, two months after Step 5, the USPTO issues a “Notice of Allowance.”
  8. Begin using the trademark in commerce anytime after the publication period in Step 6.
  9. Submit evidence of using the trademark in commerce to the USPTO and complete the registration process.
  10. 10. Receive a registration certificate approximately two months after submitting evidence of use in Step 9.

The entire registration process, for an ‘intent to use’ application, therefore takes approximately one year or longer.  If there are any delays such as a substantive refusal by the USPTO, and extension of time to oppose filed, or more than a few weeks between the Notice of Allowance and filing the State of Use, the process will take longer. If the application is completely “smooth sailing” and all filings (Statement of Use, etc) are made with days of their eligibility, it is possible to receive the registration in less than 10 months, as I did for THE NONTRADITIONAL TRADEMARK LAWYERS.

Below is the timeline from the USPTO database from on a recent registration received by a client (Registration No. 4705197), with the oldest event (filing) at the bottom:

Date Description
Mar. 17, 2015 REGISTERED-PRINCIPAL REGISTER
Feb. 13, 2015 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED
Feb. 12, 2015 ALLOWED PRINCIPAL REGISTER – SOU ACCEPTED
Jan. 22, 2015 STATEMENT OF USE PROCESSING COMPLETE
Nov. 07, 2014 USE AMENDMENT FILED
Jan. 15, 2015 CASE ASSIGNED TO INTENT TO USE PARALEGAL
Nov. 07, 2014 PAPER RECEIVED
Oct. 28, 2014 NOA E-MAILED – SOU REQUIRED FROM APPLICANT
Sep. 02, 2014 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
Sep. 02, 2014 PUBLISHED FOR OPPOSITION
Aug. 13, 2014 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
Jul. 26, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED
Jul. 26, 2014 ASSIGNED TO LIE
Jul. 15, 2014 APPROVED FOR PUB – PRINCIPAL REGISTER
Jul. 02, 2014 TEAS/EMAIL CORRESPONDENCE ENTERED
Jul. 02, 2014 CORRESPONDENCE RECEIVED IN LAW OFFICE
Jul. 02, 2014 TEAS RESPONSE TO OFFICE ACTION RECEIVED
Jun. 15, 2014 NOTIFICATION OF NON-FINAL ACTION E-MAILED
Jun. 15, 2014 NON-FINAL ACTION E-MAILED
Jun. 15, 2014 NON-FINAL ACTION WRITTEN
Jun. 12, 2014 ASSIGNED TO EXAMINER
Mar. 22, 2014 NOTICE OF PSEUDO MARK E-MAILED
Mar. 21, 2014 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
Mar. 12, 2014 NEW APPLICATION ENTERED IN TRAM

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TPAC Meeting Summary – February 2015

Posted by ipelton on: March 2nd, 2015

Last Friday,the Trademark Public Advisory Committee (TPAC) met at the USPTO headquarters in Alexandria, VA.  The handouts from the meeting are at the bottom of the post. Below is a summary of the key points discussed at the meeting (while I was not in attendance, associates and intern from the firm were):

This was the first TPAC meeting of Commissioner Mary Boney Dennison since taking her post in January. Three new (or returning for new terms) members were introduced: Jonathan Hudis, Jody Drake, and Tim Lockhart.

Legislative Update – Dana Robert Colarulli (Director, Office of Governmental Affairs)

  • Quite a bit of activity (hearings and proposed bills) recently on capitol hill related to IP issues, particularly patent and copyright issues

USPTO Budge Update – Frank Murphy (Deputy Chief Financial Officer)

  • Reduction of certain trademark fees implemented January 17, 2015; impact has been anticipated
  • FY2016 budget released in February. Includes using some funds from USPTO operating reserves.
  • FY2016 includes plans for to hire 37 net trademark examining attorneys.
  • FY2016 budget includes a decrease in the IT spending for Trademark Next Generation.
  • USPTO is conducting a bienniel review of all its fees, including some proposals to adjust trademark and TTAB fees.

Trademark Operations – Commissioner Dennison

  •  Application filings thus far in FY2015 are up more than 7% over the prior year
  • New trademark application fees and electronic filing option took effect January 17, 2015
  • The TM-5 group is working on some new collaborations
  • USPTO will be hosting their annual meeting in November

Trademark Trial and Appeal Board – Chief Administrative Trademark Judge Gerard Rogers

  • Two recent round tables were held, one on ESTTA and the other on possible rules changes
  • A proposal for possible rules changes could be issued in the near future

USPTO TPAC Agenda – February 27, 2015

The USPTO is supposed to be an American symbol and repository of technology, entrepreneurship and innovation. But it is now 2015 and the USPTO website is still not available from a mobile phone (yes, there is a Beta update to the website, but many pages on it are not mobile formatted, including most pages with any specific file information or filing processes). And there is no app, and no app on the horizon to my knowledge.

According to the USPTO website, “The USPTO is at the cutting edge of the nation’s technological progress and achievement.”

Really? The USPTO should invest the appropriate resources immediately to create and app and format all of its pages and systems and data for use across all screens. The more people that can use the USPTO systems, and the easier they are to use, the more informed the public will be and the more complete the patent and trademark registers will be. In other words, making the USPTO website and filings available to more people in more ways has a direct impact on the economy and the protection and strength of US intellectual property .

United States Patent and Trademark Office