Tag Archives: IP-IN Blog

USPTO Launches New Jobs Pages and Outreach to Hispanic Millennials

Guest Blog by Director of the Office of Equal Employment Opportunity and Diversity Bismarck Myrick

USPTO’s mission, providing timely and high quality examination of patent and trademark applications, could be compromised with 18% of our workforce eligible to retire in the next 3-5 years.  Therefore, it is crucial that we actively recruit new talent from across the country and from all backgrounds.

As we celebrate Hispanic Heritage Month, we recognize that Hispanic employees at the USPTO provide a richness in skill, creativity, thought leadership and determination.

Through our newly redesigned careers pages, “USPTO Jobs,” social media, and other digital means, the USPTO is modernizing the way we recruit prospective employees, with special attention paid to reaching highly-qualified jobseekers from underrepresented groups. In particular, I am delighted to announce new a new digital outreach strategy designed to reach Hispanic Millennials, making sure they know about job opportunities at the USPTO.

In June 2009, engineers at the USPTO formed the first U.S. government professional chapter of the Society of Hispanic Professional Engineers, SHPE-USPTO. SHPE-USPTO programs foster the professional, educational and cultural support that members rely on for career advancement and success at USPTO.
SHPE-USPTO also played an instrumental role in supporting the expansion of the agency’s telework program to Puerto Rico. As of April 2016, interested and eligible employees now have another telework option outside of the USPTO’s 50-mile commuting radius. We expect that this step will not only help the USPTO’s efforts to spur innovation in more regions, but that enhance the Puerto Rican economy by bringing federal employee positions to the island.

Watch our video to learn more about the impact that Hispanic employees are having at the USPTO.

Positions at the USPTO are available not only in our headquarters in the Washington DC area, but also in our regional offices in Detroit, Denver, Dallas, and Silicon Valley, as well as remotely through our telework program. Speak to us this fall as we visit over 24 universities, and hold events from info sessions to Twitter chats. Follow us on Linked In, Twitter, and Facebook for the latest details. And be sure to check out USPTO Jobs, which provides prospective employees with improved navigation, accessibility of agency news and information, and a live feed of job openings from USAJobs.gov.

We are a workforce of nearly 13,000 highly-skilled and motivated professionals including engineers, scientists, attorneys, strategists, and computer specialists – all dedicated to protecting U.S. intellectual property rights. The USPTO is one of the Best Places to Work in the Federal Government,® rankings produced by the Partnership for Public Service. Read about some of our talented professionals, and learn more about our benefits, student programs, veteran employment and disability hiring programs.

Source: USPTO

Statutory guidance: Designs Practice Notice (DPN) 1/16

Following a recent Supreme Court Judgment, which highlighted the extent to which protection conferred by a Registered Design can be determined by the representations used in the course of submitting an application, the following guidance has been produced in order to assist applicants.

Source: UK IPO News

USPTO Regional Offices Forge Ahead in 2016

Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee

USPTO regional offices support our core mission of fostering American innovation and competitiveness by offering services to entrepreneurs, inventors, and small businesses, while effectively engaging communities and local industries. All four of our regional offices now have directors, making us well-positioned to fully advance this mission. The establishment of four USPTO regional offices fulfills a commitment dating to September 16, 2011, when President Obama signed the Leahy-Smith America Invents Act (AIA) into law. All the regional offices have been busy these last few months, including holding events for World IP Day and enabling local innovators to participate virtually in the Patent Quality Community Symposium.

Since its grand opening on November 9, 2015, the Texas Regional Office in Dallas welcomed its first class of patent examiners in January, and they are expected to complete their initial training and move into their offices by the end of April. The office also welcomed five new Patent Trial and Appeal Board (PTAB) judges in the first quarter of 2016, thereby reaching a total of 17 PTAB judges. The Texas Regional office has already held a number of outreach events in 2016, including three seminars on patents, trademarks and petitions, and a Congressional App Challenge celebration for students and their families who participated in the competition from Congresswomen Eddie Bernice Johnson’s district.

The West Coast Regional Office in Silicon Valley continues to engage in conversations about policy decisions that affect innovation. It’s hard to believe the Silicon Valley office officially opened only six months ago, on October 15, 2015. It has already celebrated the graduation of its first training academy of examiners and welcomed its second academy in February.

The office is serving the regional entrepreneurial community with events such as “Speed Dating for Startups,” co-sponsored by Santa Clara University, where over 150 entrepreneurs, small business owners, and students learned about incorporating IP into their business strategies. Several top USPTO officials also participated in an “Inventor and Entrepreneur Forum” at the University of California, Irvine Applied Innovation Lab, which had 700 attendees in person and online. The office also recently welcomed Secretary of Commerce Penny Pritzker, who discussed the importance of open data to innovation in an entrepreneurs’ showcase, and Deputy Secretary Bruce Andrews who met with the newest class of examiners and the newest PTAB judge.

The Rocky Mountain Regional Office, which will celebrate its second anniversary in June, has experienced a number of firsts since our last update. The office hosted its first Trademark Trial and Appeal Board (TTAB) argument, with participants in Denver appearing before the TTAB via the USPTO’s telecommunications system, and will also be holding its first AIA trial proceeding in the month of April. The office is now fully staffed with PTAB judges and examiners, with the addition of two new PTAB judges, and a third class of patent examiners that graduated recently.

Under the leadership of Regional Director Molly Kocialski, education efforts and partnerships in the Rocky Mountain region have expanded significantly, with outreach visits and events across Colorado, Utah, Nebraska, South Dakota, Wyoming and Montana. These include conferences, listening tours, participation in startup weeks in the region, STEM engagement, presentations, office hours, and meetings with members of the public and partners across the region. Additionally, we were very excited to release a new USPTO inventor trading card featuring Rocky Mountain inventor and noted autism advocate Dr. Temple Grandin.

The Elijah J. McCoy Midwest Regional Office in Detroit has continued to host PTAB hearings, including their first live Inter Partes Review trial in January, and recently welcomed a new Administrative Patent Judge, bringing the total to 11 PTAB judges. The office has been active in the community as well, recently hosting the first Patent Drafting Competition in conjunction with University of Detroit Mercy. Law schools from around the Midwest region sent teams to Detroit to present in front of a panel of judges including patent examiners, PTAB judges and IP practitioners, with Indiana University Maurer School of Law winning the competition.

In March, Commissioner for Trademarks Mary Boney Denison joined Midwest Regional Director Dr. Christal Sheppard at the IP Spring Seminar in East Lansing, Michigan, coordinated by the Michigan State Bar IP Section, and also spoke to 60 local entrepreneurs at a Trademark Lunch and Learn at TechTown Detroit. In a continuous effort to attract a talented workforce, the Midwest Regional Office will be hiring a new class of patent examiners soon and has been on the recruiting trail with stops at several local university career fairs and informational sessions.

The USPTO regional offices play an important role in supporting the overall mission of our agency, including ensuring easier access by innovators and entrepreneurs to resources and intellectual property protections they need to compete in today’s global economy. To find out more about events in any of our regional offices, visit the events page of the USPTO website, and for employment opportunities, visit USAjobs.gov for openings. I will continue to keep you informed about new updates on our regional offices throughout the year on this blog.

 

Source: USPTO

Protecting U.S. Trade Secrets

Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee

Innovators of all types, from independent inventors to large corporations, rely on trade secrets to safeguard their creativity, gain competitive advantage, and further their business goals. Congressional passage of the Defend Trade Secrets Act, and the signing of the bill by the President this week, strengthens U.S. trade secret protection for U.S. companies and innovators, allowing trade secret owners to now have the same access to federal courts long enjoyed by the holders of other types of IP.

Read more in my opinion editorial, “Protecting America’s Secret Sauce: The Defend Trade Secrets Act Signed Into Law,” in The Huffington Post.

Source: USPTO

USPTO Celebrates World IP Day and Digital Creativity

Guest blog by Russ Slifer, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO

Last week, the USPTO celebrated World IP Day in the Washington, D.C. region, across the country, and abroad. World IP Day was established in 1999 by the World Intellectual Property Organization (WIPO) to celebrate the important role of intellectual property (IP) and the contributions made by creators and innovators around the globe. We had a lot of fun with this year’s theme, “Digital Creativity: Culture Reimagined.” We chose to highlight the importance of the video gaming industry, its exponential growth, and impact on our daily lives.

On April 26, the USPTO hosted the “Legend of World IP Day,” in Alexandria, Va., an event focused on the history of IP and creativity in the video game industry. Video game curator and patent holder Chris Melissinos discussed how video games have rapidly evolved, been commercialized, and have become ingrained in our culture during his keynote remarks. Watch the recorded livestream of the event, and watch our USPTO video which goes behind the scenes on IP and the history of the video games. 

I spoke on Capitol Hill on April 26 at the World IP day event, “Digital Creativity: Culture Reimagined,” where I discussed the importance of digital creativity, the USPTO’s progress on copyright treaties, and the importance of ensuring that our copyright system and laws keep up with the digital age. Read my remarks.

The White House also recognized World IP Day, with President Obama issuing a commemoration of World IP Day, stating: “Whether through the music or movies that inspire us, the literature that moves us, or the technologies we rely on each day, ingenuity and innovation serve as the foundations upon which we will continue to grow our economies and bridge our cultural identities.” The President even tweeted his favorite movie, song, and invention. Others posted their list of favorite American innovations and creative works using the hashtag #AmericaCreates.

Our USPTO regional offices held events to celebrate World IP day across the country. On April 20, the Midwest Regional Office held a World IP day event in Detroit recognizing local students for their innovations and contributions to their community. The West Coast Regional Office in Silicon Valley held several World IP events, including a gathering of the Bay area intellectual property community on April 21, featuring the Honorable Sam Liccardo, mayor of San Jose. The Rocky Mountain Regional Office held “The Evolution of Cultural Expression through Digital Creativity” on April 25, focusing on Native American culture, as well as a Lunch and Learn with startups and entrepreneurs on April 26. And on April 27, the Texas Regional Office hosted a World IP Day exposition in Dallas, where business, legal, academic, and federal experts provided attendees tips on protecting their IP, developing technologies, and building their businesses. See our Facebook photo album of World IP day highlights.

Finally, USPTO IP Attachés participated in World IP Day events around the world with U.S. Embassies, consulates, and the American Chamber of Commerce, including roundtable discussions in China and Thailand, events in Mexico and Qatar, a film screening and discussion in Singapore, and cyber working group meetings in the Ukraine.

The USPTO is focused on safeguarding the rights of creators of all types and supporting an ecosystem where innovation can flourish. We are honored – not only on World IP Day, but every day – to do our part to support creators, innovators and entrepreneurs as they define their ideas in the form of patents, trademarks, and copyrights.

Source: USPTO

USPTO Launches Two New Online Fee Payment Tools

Guest Blog by Chief Financial Officer Tony Scardino

For several years, the USPTO has been making significant progress in modernizing its information technology (IT) infrastructure and tools for both employees and the public. Our financial tools are no exception, and I’m excited to announce that on April 9, the USPTO is launching two new online fee payment tools to the public:  Financial Manager and the Patent Maintenance Fees Storefront. Watch the short video overviews of Financial Manager and the Patent Maintenance Fees Storefront.

These new tools incorporate feedback from customers that we received through outreach efforts, including interviews, surveys, and user design sessions. The result for users is increased efficiency, better information, and a workflow that is better streamlined to integrate with users’ business processes. Here are some of the tools’ new features:

  • For the first time, customers will have streamlined uspto.gov accounts. To access Financial Manager, customers will easily create their own uspto.gov account. Then once signed in to their account, customers will also have access to advanced features in the Patent Maintenance Fees Storefront, like bulk file payments and a virtual shopping cart.
  • In Financial Manager, customers will be able to store and manage their payment methods online; assign secure user permissions, allowing others to access and help manage payment methods; receive administrative email notifications; and create transaction reports, including monthly deposit account statements. Each individual in an organization will need their own uspto.gov account to access or help manage a stored payment method. 
  • In the Patent Maintenance Fees Storefront, customers will be able to retrieve patent maintenance fee information (including payment window dates for up to 10 patents at once); upload bulk files to pay any number of patent maintenance fees at once; check out more quickly using their stored payment methods; add fees to an online “shopping cart” and save them for payment later that day; receive an itemized receipt for each payment; and download a statement for each patent.
  • In the months ahead, we’ll be expanding the stored payment methods feature to pay for other patent, trademark, and USPTO service fees.

Here are some additional changes to be aware of:

  • These new tools will replace the current Office of Finance Online Shopping Page and Financial Profile. Once the new tools go live, the old web pages will no longer be available.
  • Similarly, anyone attempting to pay a patent maintenance fee online will need to use the new Patent Maintenance Fees Storefront.
  • Deposit accounts are “going green.” Deposit account holders will now manage all deposit account activities online using the new Financial Manager. Monthly statements are also going paperless. Deposit account holders will be able to access their statements online at any time in Financial Manager, and the USPTO will no longer be mailing paper statements. 
  • Finally, for deposit account holders with multiple users in their organization, each user must create their own uspto.gov account in order to be able to access the deposit account.

We will be working with our current customers to ensure a smooth transition to these new tools. This includes implementing a temporary transition period to allow customers to adjust to the new way of managing financial transactions and paying fees at the USPTO.

Customers currently using a deposit account or EFT to pay fees at the USPTO will still be able to do so by entering their current deposit account or EFT credentials (i.e. deposit account access code or EFT profile name and password) immediately after the release of Financial Manager. After the temporary transition period, customers will need to store and manage deposit accounts and/or EFTs in Financial Manager, and only users who have been granted “Fee Payer” permissions for the payment method will be able to use them for payment. The transition timeline will be posted on the Financial Manager page of the USPTO website when Financial Manager goes live. In the meantime, customers can refer to the Fee Payment Transition Resources section of the USPTO website to find additional information on the payment method migration.

We are very excited about bringing these new financial and fee payment tools to the public, and we’re confident that they will enhance our customers’ experience of doing business with the USPTO. If you have additional questions, please visit the FAQ page for Financial Manager, or the FAQ page for the Patent Maintenance Fees Storefront. You can also email us at fpng@uspto.gov. We rely on customer feedback to drive our plans for future improvements.

Source: USPTO

Crowdsourcing of Patent Search

ArticleOnePartners, Patella, and IPQuest are few of  those crowdsourcing platform for Patent Search, who are providing very successful medium for the companies, the patent owners, by enabling them to avail the patent search services at a fixed price, with the availability of dead cheap patent searchers and scholars.

Whether these patent studies are efficient to the patent owners? Are they transparent enough to pay back the participating crowdsourcing members. While, it might be a reason that Patent Attorneys and the Patent Agents pay hefty price for their Patent Research and services in the US market. Patent Owners tend to look out for alternatives at cheaper cost.

But are they worth enough to protect the real intellectual rights, when technology knowledge is searched in public for the specific prior art, invalidation, or the patentability search.?  On the other hand, Whether the members from the countries where large pool of technical resources, who participate in such crowdsourcing projects really benefited ?

I think answer to both the questions might comes as NO, because, disclosing projects in public domain could indirectly educate the competitors about what could be next from the project results. Similarly, though  the participating members work very hard, and long hours to submit their findings, and even if they are  ranked high in terms of relevancy, their efforts may go waste, just because the patent owner might reject all the submissions as irrelevant. Resulting, fake disclosures of award winners and paying negligible to the actual winners.

Though it is a very good platform to work on such search studies, the nativity of the transparency in such platforms are questionable, and are open to lot of criticism.

In work, a patent study to read full text, referring drawing,  and full of review of PDF document  requires at least an hour to read 50+ patent documents. So, the list of 5000+ patents can take anywhere between 100+ hours , say about a week or 10 working days, depending on the subject and technical depth.

For such patent search work,  a patent analyst’s charges may vary from minimum of 20 USD per hour to maximum of 100 USD per hour, which would be proportionate to the subject and experience. It also differs by the type of search and intelligence analysis.

Though such crowd sourcing platform is a good model, free to participate policies attracts many efficient patent professionals, It may be one sided opportunity for the analysts and a great opportunity for the patent owners, who use these platforms in brining out more participants and closing the patent study with efficient results.

However, level of transparency followed by these crowd sourcing companies may be questionable? Virtually, killing thousands of hours of intellectual brains & resource hours. Yes, it may be a lucky draw for the winning contestant, but other 100+ participants may end up with nothing, may be the study results could be having just 1% difference to the winner. Yes, even if such model and concept is good , there shall be some remedies for searchers in not wasting duplicate time.
So my question here is that…. is there a lack of transparency in the number of submissions, the report of winning studies and the legitimacy of actual winners?

Platform allows to submit duplicate patents

As the contest or a project study of patent is announced, many searchers starts submitting the relevant patents, while they submit the patents, there is a possibility that many other researchers may submit the same patent, as all many users would be using the same of the kind of database sources & tools.

When submission is being done, the platform should allow or restrict or even to publish the list of patents already submitted as and when submitted, to inform the other searchers, about already submitted patents. So, such information can save thousands of hours of the searchers, the time management and efficiency can be utilized on other patent studies.

Platform does not disclose the winning studies.  Same like, when the contest winner is announced, it would be a transparent model, if the winning patent is disclosed to the other participants, also legitimacy of patent winners, real photograph and real profile. Moreover, studies listed on those platforms becomes open to public, can also result in breaking of IP secrecy, as well publicize  the motives of the study and the trend, at the cost of the searchers!.

Patent Database from worldwide countries.

1.P ATENTS-COPE – (WIPO) : http://www.wipo.int/patentscope/en/

2. PatFT – United States Patent and Trademark Office (USPTO) : http://www.uspto. gov/patent

3. Espacenet – European : https://www.epo. org

4. JplatPat – Japan : https://www.j-platpat.inpit.go.jp/web/all/top/BTmTopEnglishPage

5. SIPO – China: http://english.sipo. gov.cn/  http://www.pss-system.gov.cn/sipopublicsearch/ensearch/searchEnHomeIndexAC.do

6. INP AIRS – India : http://ipindiaservices.gov.in/patentsearch/search/index.aspx

7. DEPATIS – Germany : https://depatisnet.dpma.de/DepatisNet/

8. AusPAT – Australia : http://pericles.ipaustralia.gov.au/ols/auspat/

9. CPD – Canadian Patent Database : http://www.ic.gc.ca/opic-cipo/cpd/eng/introduction.html

10.Czech Republic: http://www.upv.cz/en/client-services/online-databases/patent-and-utility-model-databases.html

11.EAPATIS – Eurasian Patent Organization (EAPO) : http://www.eapatis.com/ensearch/

12. Finland : http://patent.prh.fi/patinfo/default2.asp

13. Ireland : http://www.patentsoffice.ie/en/patents_searching.aspx

14. IPONZ – New Zealand : http://www.iponz.govt.nz/cms

15,KIPRIS – Korean Intellectual Property Rights Information Service : http://eng.kipris.or.kr/enghome/main.jsp

16.IPOS – Singapore : https://www.ip2.sg/RPS/WP/CM/SearchSimpleP.aspx?SearchCategory=PT

17.Industrial Property Office of Slovak Republic  : http://data.indprop.gov.sk/Patenty/index.php

18.Slovenia Intellectual Property Office (SIPO): http://www2.uil-sipo.si/dse.htm

19.Swissreg – Switzerland :  https://www.swissreg.ch/srclient/faces/jsp/start.jsp

20.IPSum – United Kingdom : https://www.ipo.gov.uk/p-ipsum.htm

21.IP .com: http://ip.com/

22.MAREC – Information Retrieval Facility: http://www.ir-facility.org/prototypes/marec

23.Patents.com: http://www.patents.c om/

24.Google Patents: http://www.google.com/advanced_patent _search

25.Free Patents Online: http://www.freepatentsonline.com

26.Thomson Reuters : http://thomsonreuters .com/en/products-services/intellectual-property/patent-research-and-analysis.html

27.Questel – Orbit.com: http://www.qpat.com/#WelcomePage

28.MineSoft -PatBase : http://www.patbase.com

29. ProQuest DialogTM: http://www.proquest.com/products-services/ProQuest-Dialog-Patents-Collection.html

30.Science and Technical Network (STN): https://www.stn.org/stn/ & http://www.cas.org

31.Equerion : http://www.lexisnexis.com/en-us/products/total-patent.page

32.PatSeer : http://patseer.com/

33.Molecular Connections Patent Information Retrieval System – MCPaIRS: http://www.mcpairs.com/app/

Source:

  1. Patent Database: Their Importance in Prior Art Documentation and Patent Search,  Vikram Singh, Kajal Chakraborty, and Lavina Vincent, (NISCAIR-CSIR, India, 2016)

USPTO’s National Summer Teacher Institute – Bringing Innovation to the Classroom

Guest blog by Russ Slifer, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO)

Teachers across the country have until April 18 to apply for the U.S. Patent and Trademark Office’s (USPTO) 3rd annual National Summer Teacher Institute—an exceptional opportunity  for teachers to garner additional skills in innovation, “making,” and intellectual property, to incorporate into their classrooms.

The institute will be offered in collaboration with Michigan State University (MSU) in East Lansing from July 17-22, 2016. Fifty elementary, middle school, and high school science, technology, engineering, or mathematics (STEM) teachers will be selected to participate, and they will explore experiential training tools, practices, and project-based learning models to help foster skills and motivation for innovation.

Speakers and hands-on workshop instructors will include experts from the USPTO, faculty from MSU, noted scientists and engineers from the Science of Innovation curriculum, and representatives from other federal government agencies and non-profit organizations.

Invention projects provide a practical experience for participants to understand concepts of intellectual property in the context of STEM. Teachers will have access to maker spaces on the campus of MSU during the institute and are encouraged to take ideas and lessons learned back to their own classrooms. The program is designed to help teachers enhance student learning and outcomes, while meeting the rigors of common core and next generation science and engineering standards.

Steve Bennett,  an 8th grade engineering and technology teacher at a middle school outside of Houston, participated in the teacher institute in 2014 and served as a teacher ambassador in 2015. Bennett stated the teacher institute was the best summer experience he has had as an educator. He learned about the patent process, how to teach his students about it, and activities to use in the classroom such as making a microscope from a simple laser pointer.  Along with the tools and techniques to inspire intellectual property and innovation in his curriculum, Bennett said it’s the connections he made at the institute that help continue to drive him professionally. He’s met more than 60 teachers across the country who he continues to collaborate with and share ideas with. He now works with other schools and universities to promote STEM teaching programs, activities, and events. “The teacher institute opened up a whole new world for me,” he said. “The USPTO’s program can be used for any subject, and I recommend it for any teacher.”

Requirements for the USPTO’s National Summer Teacher Institute include three years of teaching experience and a commitment and willingness to take what they learn back to classrooms to help inspire a new generation of innovators. Teachers are chosen from across the country, and will have travel and lodging expenses covered if they live more than 50 miles from the venue.

Source: USPTO

Have you received objection letter during trademark registration, under Section 11 and Section 12 of the Trademark Act 1999, Trademark Rules 2002.

Trademark objection letter dom IP office

similar mark result

In trademark registration it is quite obvious that many individual  applicants may skip the procedure for doing a prior search of the word mark, before making an application with the trademark registry. A trademark search, under the public search link should be conducted by applicant, not only in the single class, but also under other classes than the one class the applicant is interested,  trademark might exist in other relevant classes. It helps to check,  if there are similar marks registered by parties.

Especially, 50 % similarity is highly possible if word mark  are constructed with common names, and generic words. Probably, deceptive or similar marks might exist. Because, most human being thoughts are quite same to a quite extent.

Well, what happens, if an individual applicant does not conduct a prior trademark search and stills files a mark. Then, there is a high probability that the trademark registrar would send an objection notice for the similarity issue. Because, the general tendency in that most marks are based on generic and common words used by individuals. If so, the registrar of trademark would seek a representation from the applicant on the account of Section 11 and Section 12 of the Trademark Act, 1999

For example, the objection would say…

The Trademark Act, 1999 and Trade Mark Rules 2002 and the trade mark applied for is open to objection under the following sections :

1) The Trade marks -which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from these of another person; which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or the characteristics of the goods or service;

2) The trade Mark application is open to objection on relative grounds of refusal under section 11 of the Act because the same/similar trademark(s) is/are already on record of the register of the same or similar goods/services. The detail of similar trademark is enclosed herewith

Same as provided in Sec.12, a trademark shall not be registered if, because of its-identity with an earlier trademark and similarity of goods or services covered by; the trademark; or its similarity to an earlier trademark and the identity or similarity of the goods or services covered by the trademark.

Hence the application is liable to be refused. Accordingly, you are requested to submit your response/submissions, if any, along-with supporting documents and receipt of this examination report or you may apply for a hearing.

Please note that if no reply is received or request for a hearing is applied for within the time of one month, the said application shall be treated to have been abandoned for lack of prosecution under the Trademark Act 1999 and there after the status of application in the computer database shall reflect as abandoned.”

Having received such objection letter from the trademark office, it is advisable that following procedures could be followed to get the applied mark to your rights.

– Do a trademark search with all relevant classes of goods/services and generate a report
– Identify, how many objections, oppositions, abandoned and registered categories are there in the reports
– If you find your mark similarity to any of the section, your strategy of reply should differ. (For example, If there are many objections, it is highly possible that chances of getting your mark would be challenging.)
– Be determined to justify that your trademark conception  is constructed based on your product and market, where your goods/services are sold.
– Within specified time, send a reply to the registrar with the a help of a trademark attorney.
– Await for the reply/action/response.
– Based on the reply, you shall decide to apply for hearing.
– Upon the result of the hearing, the mark might face yes or no reply. If yes, it would proceed for publishing, if no,  you should modify your mark at the earliest.

However, do keep in mind that, even if the register accepts your mark application based on the reply/hearing, you could expect a opposition/litigation from the owners of similar trademark once after it is published for public view.

Hence, always take an expert advise for an amicable process of owning your trademark and successful registration. Of course, do preliminary work, before deciding your mark.

Good luck with your Trademark rights.

Article written for the IP -Blog by Devarajan G – Trade Mark Attorney. PGN WISSEN & CO

Case Scenario :

super example

The attached report is a result of mark “Super”, which resulted 800+ marks filed. Out of which, around 650 marks are either abandoned, refused, objected, opposed. That reflects nearly 70 % mark applications are filed without prior search or a preliminary advice obtained from the Trademark Attorney, which should not be neglected.

Should I Hire an Attorney to Help Me File My Trademark Registration? – https://t.co/t1RCCXPY1D

Trademark

time, normally 5 years in most jurisdictions. In the case of a trademark registration, failure to actively use the mark in the lawful course of trade

United States trademark law

trademark registration rules. The Lanham Act grants the United States Patent and Trademark Office (“USPTO”) administrative authority over trademark registration

Trademark filing in Chennai

Photo courtesy nic.in : Indian Patent Office, Chennai PGN & WISSEN offers services for the trademark registration and legal services with the Trademark registry Chennai. If you are  a new startup or a company already into business for a long period. The first process of starting a business always begins with the …
 [sgmb id=”4″]  [sgmb id=”3″]  [sgmb id=”2″]  [sgmb id=”1″]