New Response Deadlines for Trademark Office Actions on the Horizon (and Changes to Attorney Recognition)

On November 17, 2021, the USPTO published its Final Rule relating to the implementation of the Trademark Modernization Act (TMA) (part of the Consolidated Appropriations Act of 2021, Pub. L. No. 116-260 (Dec. 27, 2020) – 2,126 pages long (!) – see p. 1020 for the text of the TMA).  Nov. 17, 2021 Final Rule, “Changes To Implement Provisions of the Trademark Modernization Act of 2020,” 86 FR 64300, pp. 64300-64334 (also available in PDF form).

Prior posts on this blog previously described the two new TTAB proceedings created by the TMA (i.e., expungement and ex parte reexamination based on allegations of non-use) as well as the new non-use grounds for cancellation. This post addresses the changes in the standard deadlines to respond to an Office action issued by the Trademark Office (either during the application process or in connection with post-registration filings) (aka “flexible response periods”) and withdraws the USPTO’s stated intention to change the “attorney recognition rules” under 37 C.F.R. § 2.17(g).   Some key points are summarized below regarding these two provisions, but we recommend reading the full Final Rule (35 pages) and the USPTO’s updated Trademark Modernization Act Page in order to get a more complete picture of these two aspects of the amendments.

Flexible Response Periods

The TMA amended 15 U.S.C. § 1062(d) to permit the USPTO to reduce the periods of time to respond to Office actions to between 60 days and 6 months, although the final response periods had to be set by regulation, rather than the whim/discretion of any individual Examining Attorney on a case-by-case basis.   Prior USPTO requests for public comment on proposed rulemakings offered several options for these response periods.

In its Final Rule, the USPTO outlined the final selection: Instead of the traditional six (6) months we’ve always had to respond to any Office action issued by the USPTO, applicants for certain types of applications shall have an initial three (3) month period to respond, but a single-three (3) month extension is available upon request and payment of additional government fees ($125 for TEAS applications or $225 for paper filings).  See pages 7 and 17 of the Final Rule discussing the flexible response periods (and public comments received) in more detail, and page 26 discussing amendments to 37 C.F.R. § 2.6 for new fees to be imposed as of December 1, 2022. Failure to file a response to the Office action or to request the extension and pay the fee before the initial three-month period expires will result in abandonment of the application.

This same three-month period (followed by a single-three-month extension upon timely request and payment of the fee) will also apply to post-registration Office actions.

In contrast, however, applications filed under Section 66 (Madrid Protocol) are not subject to the shorter response period (plus extension and additional fee) apparently because of U.S. treaty obligations; those applicants can still rely on the original six-month response period.

37 C.F.R. § 2.93 (relating to responding to Office actions issued in connection with the new reexamination proceedings) has already been updated to reflect the deadline to respond and the new fee requirements for extensions. We would anticipate that the regulations implementing the flexible response periods generally will track the language of 37 C.F.R. § 2.93(b)(1).

Given the differences in response deadlines for Office actions issued in different kinds of cases, it will be very important to confirm (quickly, after an Office action is received) which response period applies so that complete responses or requests for extension (and payment of the required fee) can be accomplished timely.

As the Deputy Commissioner for Trademark Operations, Dan Vavonese confirmed during the Trademark Public Advisory Committee (TPAC) Meeting on July 29, 2022, this amendment will go into effect on December 1, 2022.

Recognition of Attorney Representation of Trademark Owner

In prior versions of (and proposed amendments to) this Rule, the USPTO stated its intention to change its practice regarding recognition of attorneys representing clients before the Trademark Office under 37 C.F.R. § 2.17(g) to be more in line with standard practice (outside of the USPTO) that attorneys continue to have obligations on behalf of their clients under the relevant Rules of Professional Conduct long after the registration issues or the application has been abandoned.

In the July 2, 2019 Final U.S. Counsel Rule, “Requirement of U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants” (“U.S. Counsel Rule”), 84 FR 31498, 31498-31511 at 31501 (also available in PDF form) the following explanation appears:

  • “Prior to implementation of this rule, § 2.17(g) referred to the duration of a power of attorney. However, under § 2.17(b), a representative may be recognized by methods other than the filing of a power of attorney. Therefore, in order to respond to the commenter’s inquiry and to clarify when recognition ends, regardless of the how the representative was recognized, the USPTO felt it was necessary to amend § 2.17(g) to make clear that it refers to the duration of recognition, not just to the duration of a power of attorney.”

More recently, in the May 18, 2021 Notice of Proposed Rulemaking, “Changes to Implement Provisions of the Trademark Modernization Act of 2020,” 86 FR 26862, 26862-26888 at 26870 (also available in PDF form) the following revision was proposed:

  • “The USPTO proposes revising § 2.17(g) to indicate that, for the purposes of an application or registration, recognition of a qualified attorney as the applicant’s or registrant’s representative will continue until the owner revokes the appointment or the attorney withdraws from representation.”

This May 2021 proposal contemplated that attorneys would continue to be recognized as counsel of record on behalf of these clients (for maintenance and renewal purposes, audit responses, notifications of TTAB proceedings or litigation), even if ownership of the registration changed, until that attorney withdrew its representation, or the applicant/registrant filed a revocation of the power of attorney/appointment of new attorney. See 86 FR 26862 at 26870.

In the November 17, 2021 Final Rule, however, the USPTO withdrew that revision – and instead decided not to implement these proposed amendments to 37 CFR §2.17(g) “at this time.” (Or maybe not at all.)  The Final Rule revised 37 CFR § 2.18(a)(1) to refer to “recognition” instead of “representation” to be more consistent with “the fact that the USPTO does not control representation agreements between practitioners and clients but merely recognizes an attorney for purposes of representation before the USPTO.”  (Rule at 64307).

Note in particular that the USPTO will be corresponding directly with registrants regarding service of cancellation petitions or the institution of expungement or reexamination proceedings, and now send electronic certificates of registration to registrants’ email addresses upon issuance.  Thus, trademark owners may receive certain communications directly from the USPTO even when they are represented by counsel in connection with other trademark matters.  As a nod to practitioners’ comments to the prior iterations of this Rule, the USPTO has announced that it “plans to send notices of institution of expungement and reexamination proceedings to the owner currently identified in the registration record and to the attorney of record, if any, or any previous attorney of record whose contact information is still in the record.”  Id. Both trademark owners and attorneys should review any communications received carefully to be sure that all necessary recipients have been notified and can respond timely to avoid any loss of rights.

Additional Resources:

More on the USPTO’s New Expungement and Reexamination Proceedings

Since the Trademark Modernization Act (TMA) was enacted in December 2020 (see prior post), certain of its provisions have gone into effect, and others are on the immediate horizon. For context, see the Consolidated Appropriations Act of 2021, Pub. L. No. 116-260 (Dec. 27, 2020) – 2,126 pages long (!) – and specifically p. 1020 for the text of the TMA.

Most recently, on November 17, 2021, the USPTO published its Final Rules relating to the implementation of the TMA, which primarily focus on the implementation of the new TTAB proceedings (expungement and ex parte reexamination based on allegations of non-use) as well as the new non-use grounds for cancellation.  The Rules also address letters of protest, flexible deadlines to respond to Office actions, recognition of attorneys representing trademark owners, and related fee setting (which will be covered in separate posts).

This post provides a brief update on the new expungement and reexamination proceedings.

The USPTO has continued to update its online guidance regarding the changes to Trademark Office procedure that result from the TMA.  In particular, the USPTO provides a quick reference guide explaining which proceedings are useful for which purpose and the relevant timelines for filing.  Initiating one of these proceedings requires electronic filing: https://www.uspto.gov/trademarks/apply/expungement-or-reexamination-forms.

The USPTO also published a recorded webinar on March 29, 2022 to walk through the new proceedings – along with the USPTO’s slide deck from that March 29 webinar.

Since the implementation of the new proceedings, and at the request of various stakeholder groups, the USPTO has published two tracking tools:

Next timeFlexible Response Times and Expiration of Recognition of Attorney Representation Following Registration

Trademark Modernization Act Signed Into Law

On December 27, 2020, President Trump signed into law the Consolidated Appropriations Act of 2021 (H.R. 133 – as enrolled) which included the full text of the Trademark Modernization Act of 2020 (“TMA”) as modified from the versions originally introduced on March 11, 2020 as H.R. 6196 and S. 3449. See H.R. 133 at 1019-1029; see also H. Rept. 116-645* at 37-57 (Dec. 14, 2020) (report by House Committee on the Judiciary in support of H.R. 6196).

Purpose of the TMA

At its core, the TMA provides some new tools aimed at “decluttering” the trademark Register of those registrations for which a registered mark was either (1) never used in connection with the recited goods or services, or (2) not used as of an operative date (either the filing date of the application if it was submitted based on existing use in commerce, or the date identified on a Statement of Use/Amendment to Allege Use for an intent-to-use application) – thus suggesting that these registrations should never have been issued. The House Judiciary Committee explained that these new proceedings are intended to “clear registrations from the trademark register for which proper use in commerce was not made.” H. Rept. 116-645* at 37 (Dec. 14, 2020).

Legislative history suggests that this Act was aimed at addressing the “recent rise in fraudulent trademark applications,” particularly those from China, that impede legitimate efforts to launch new marks into the marketplace. Id. at 39.  As of September 2018, applications emanating from China had increased by more than 1100% over the prior 6-year period, and investigations revealed that a significant number of these applications “have fraudulent claims of use and/or fake specimens” supporting the registration. Id. Rep. Johnson (one of the co-sponsors of the House Bill) lamented the difficulty small businesses face in obtaining registrations for “strong, commercially viable marks”, especially when “[t]his market-entry problem has been exacerbated by the recent flood of fraudulent trademark registrations from China, many of which rely on doctored photos to demonstrate use of a mark to fraudulently obtain a trademark registration.” One-Page Summary ¶ 3-4. Ideally, these new proceedings will help create a cost-effective mechanism to clear the Register of this narrow set of blocking registrations for which no valid use could be demonstrated.

Provisions of the TMA

Some highlights from the Act (H.R. 133 at 1019-1029):

  • Permits flexible response deadlines for certain Office actions issued by examining attorneys during prosecution of trademark applications – such that some responses would be due between 60 days and 6 months, instead of the standard 6 month deadlines. TMA, Sec. 224. More details about these flexible response deadlines and associated fees to request extensions up to the full 6-month period must be established by regulation within the next year.
  • Creates two new ex parte proceedings to allow for further examination or cancellation of registrations when the registered marks either have never been used in commerce (expungement), or were not used as of a relevant time period (reexamination). TMA, Sec. 225(a) and (c) (creating processes under Section 16A and 16B).
  • Creates an additional ground for cancellation in a proceeding before the Trademark Trial and Appeal Board where a mark covered by a registration was never used in connection with some or all of the goods or services covered by the registration. TMA, Sec. 225(b).
  • Codifies the rebuttable presumption of irreparable harm, resolving a Circuit split involving the standard for proving entitlement to an injunction for violations of the Lanham Act. TMA, Sec. 226.
  • Commissions a study of the effectiveness of this Act – focusing on the time period between 12 months and 30 months after enactment and addressing several targeted areas relating to attempts to reduce inaccurate and false claims of use in commerce of marks registered with the USPTO. TMA, Sec. 227.
  • Confirms the USPTO Director’s authority to “reconsider, modify or set aside” a decision of the Trademark Trial and Appeal Board in interference, opposition, concurrent use or cancellation proceedings in connection with the Principal Register, in connection with ex parte appeals of an examiner’s refusal to register the mark of an application, or the cancellation of registrations on the Supplemental Register. TMA, Sec. 228.

More On Expungements and Reexaminations

Ex Parte Expungement Proceedings

Expungement applies when a registered mark has never been used in commerce in the U.S. in connection with the goods or services covered by the registration. TMA, Sec. 225, Sect. 16A(a). There are some important exceptions for those relatively new registrations that were filed under Section 44(e) (based on a foreign registration) or under Section 66 (requesting an extension of protection from a foreign application filed under the Madrid Protocol) within the statutory period for proving use in the U.S. Id., Sect. 16A(f) (describing showings of excusable non-use).

A petitioner can only seek expungement between the third and tenth years after registration – which takes into account not only the initial three-year period following registration during which Section 44(e) or Section 66 registrations are not subject to cancellation for non-use, but also caps exposure for these ex parte claims to a maximum of ten years following registration. Id., Sect. 16A(i). In essence, expungement proceedings are intended to target those relatively new registrations for which use never occurred, and, theoretically, the registration should never have issued.

(Note that inter partes cancellation proceedings are not estopped by these proceedings; a new grounds for an inter partes proceeding seeking cancellation of registrations for which the registered marks were never used in connection with the recited goods or services was also created by this Act.  Id., Sect. 16A(b).)

Ex Parte Reexamination

Reexamination applies when a mark was not in use in U.S. commerce in connection with some or all of the goods or services recited in the challenged registration as of a relevant date.  For use-based applications, the “relevant date” is the date of filing of the initial application. For intent-to-use applications, the “relevant date” is the date on which a Statement of Use or Amendment to Allege Use is filed, or when all approved extension to file these have expired. TMA Sec. 225, Sect. 16B(b).

A petitioner can only seek reexamination within the first five years after a registration issues. Id. Sect. 16B(i). This provision aligns with the current time periods under 15 U.S.C. § 1064 for cancellation of a registration on all available grounds, given that some grounds for cancellation are not available after this initial five-year anniversary.

Features Common to These New Ex Parte Proceedings

In both cases, there are certain protections built into the process against misuse of the proceedings by bad actors, such as competitors seeking to tie up a legitimate user by maliciously invoking these proceedings. First, while any third-party can file a petition seeking expungement or reexamination, every petitioner must submit documentary evidence supporting the claim – and the Director has discretion not to institute a proceeding if the Director finds that the evidence is insufficient. The statute requires the Director to promulgate regulations within the next year defining the specific procedures, types of and volume of evidence required to support a prima facie case justifying the institution of proceedings and the requisite filing fees. TMA, Sec. 223 & Sec. 225, 16A(c) & 16B(c).

Registrants have an opportunity to submit counter evidence to prove that their marks are in use in connection with the applicable goods and/or services. Once registrants meet their burden to prove such use, no further ex parte proceedings under this section will be permitted against the same goods and services of this registration and estoppel will apply – regardless of who the petitioner is. TMA Sec. 225, 16A(j) & 16B(j).

The Director also has the discretion (1) to decline to institute proceedings, notwithstanding any evidence submitted by a petitioner, (2) to institute proceedings on the Director’s own initiative based on evidence that he or she discovers independently, and (3) to reconsider, modify or overrule a decision of the TTAB in these cases. This discretion may act as an appropriate check and balance against a potential misuse of these proceedings.

Availability of These Proceedings

Before either of these new proceedings will be available, the USPTO will have to engage in rulemaking within the next year to establish specific evidentiary requirements, procedures to challenge applicable registrations and respond to petitions filed, and the requisite filing fees. As a result, these proceedings are not scheduled to be available to interested parties until December 2021.

Potential Impact of TMA on Trademark Registrants with Legitimate Use in the U.S.

Unfortunately, while the legislative history makes clear that the sponsors intended this Act to target a narrow type of fraudulent activity by foreign actors, as written this Act has a potentially broader impact. Even registrants who can demonstrate legitimate use in the U.S. may also find themselves defending proceedings under this Act.

Accordingly, registrants should be proactive and prepare to defend such challenges by, among other steps:

  • Keeping records documenting use in the U.S. of their registered marks in connection with the goods and services recited in the registration, to be produced on demand quickly and without significant operational expenses at the time the challenge is made;
  • Carefully identifying the correct “dates of first use” on their applications to avoid exposing the resulting registrations to potential reexamination (and cancellation) if their dates prove to have been (fatally) inaccurate;
  • Regularly reviewing their portfolios and confirming that their marks remain in use in the U.S. in connection with all of the goods or services claimed in their registrations – particularly when they are required to submit Declarations of Continued Use during the maintenance periods; and
  • Any time there is no use of the registered mark in connection with specific goods or services recited in the registration, making written records of the registrant’s intent to resume use and documenting steps taken to resume use.

In light of COVID-related business interruptions, many trademark owners may have seen related supply chain interruptions that impact whether or not they can distribute goods bearing their relevant marks in the marketplace in order to preserve their trademark rights. In some instances, these kinds of interruptions might qualify for “excusable non-use” that might avoid a cancellation, but a careful evaluation of the registrant’s portfolio or pending maintenance deadlines might be in order to determine whether these exceptions might apply in a particular case.

Summary

The purpose of all of these new provisions is to strengthen the Register of marks in the USPTO’s system. It is possible that these new proceedings could be a welcome tool for trademark owners seeking cost-effective ways to clear away marks that managed to reach registration despite the registrant’s failure to properly use the marks in U.S. commerce.  In particular, these new ex parte proceedings could help clear some deadwood from the Register, since many registrants would not attempt to defend registration for marks not in use.

The U.S. registration system does not permit registrants to merely reserve rights in marks to be used at a later time in order to prevent others from using them in connection with their own goods or services – but once an application matures to registration, it becomes more difficult (and expensive) to challenge these registrations on an inter partes basis, even if there were proof of fraud.  Once the effective date for these new proceedings occurs, and following the implementation of sufficient regulations regarding the process and evidentiary requirements, these tools could prove valuable to U.S. trademark holders as cost-effective ways to clear the way for registration of their own marks.

Other USPTO Programs Designed to Combat Fraudulent Filings

  • Mandating that foreign filers must engage U.S. counsel in order to prosecute an application and requiring mandatory electronic filing for all applications and TTAB proceedings – see “USPTO Published New Exam Guide on Mandatory Electronic Filing,” Privacy and IP Law Blog (Feb. 7, 2020) (includes links to the exam guides and proposed/final Mandatory US Counsel and Mandatory Electronic Filing rules).
  • Procedures to examine questionable or fraudulent specimens – seeUSPTO’s Recently Announced Pilot Program on Fraudulent Specimens,” Privacy and IP Law Blog (June 12, 2018).
  • Developing and testing automated systems to check the validity of specimens submitted in connection with applications, called the “Automated Specimen Analysis Project” – see discussion in TPAC’s Annual Report 2020 at 14 (Nov. 3, 2020).
  • Heightened verification of declarations and specimens submitted with post-registration renewal applications through a post-registration audit program – seeUSPTO Expands Random Audit Program,” Privacy and IP Law Blog (Aug. 11, 2019).

Additional Resources regarding the TMA

* As this article went to publication, the link to House Rept. 116-645 as stored on Congress.gov did not work.  However, this link was provided in the listing of actions take in connection with H.R. 6196, a prior version of this bill.  It is hoped that the broken link to the official copy will be fixed soon.   

New Trademark Fees in Effect on Jan. 2, 2021

On January 2, 2021, the USPTO’s new trademark filing fees went into effect, applicable to trademark application prosecution matters, as well as proceedings before the Trademark Trial and Appeal Board. See prior post, entitled “USPTO Issues Notice of Proposed Rulemaking on Revised Trademark Filing Fees,” Privacy and IP Law Blog (June 19, 2020).

Among the notable changes (for electronic filing only*) are the following:

Application Filing Fees

Description Prior Fees New Fees (eff. Jan. 2, 2021)
TEAS Standard Application, per class $ 275 $ 350
TEAS Plus Application (37 C.F.R. §2.22), per class $ 225 $ 250
Application under the Madrid Protocol [15 U.S.C. § 1141f, or “Section 66(a) of the Act”], per class $ 400 $ 500

Maintenance Filing Fees

Description Prior Fees New Fees (eff. Jan. 2, 2021)
§ 8 or § 71 declaration (through TEAS), per class $ 125 $ 225
[NEW] Deleting Goods or Services [or classes] from a registration after submitting a § 8 or § 71 declaration, but before the declaration has been accepted [filing through TEAS, per class] N/A $ 250
[NEW] § 7 amendment before filing a § 8 or § 71 declaration, and only deleting goods, services or classes N/A $ 0 fee
§ 7 Amendment (at any time – for any reason other than simply deleting goods or services or classes) $ 100 $ 100

Trademark Trial and Appeal Board Fees

Description Prior Fees New Fees (eff. Jan. 2, 2021)
Initial 30-day Request for Extension of Time to File a Notice of Opposition, through ESTAA, per class $ 0 $ 0
Initial 90-day or the Second 60-day Request for Extension of Time to File a Notice of Opposition, through ESTAA, per class $ 100 $ 200
Final 60-day Request for Extension of Time to File a Notice of Opposition, through ESTAA, per class $ 200 $ 400
Notice of Opposition through ESTTA, per class $ 400 $ 600
Petition for Cancellation through ESTTA, per class $ 400 $ 600
Ex Parte Appeal to the TTAB through ESTTA, per class $ 200 $ 225
[NEW] Filing a Brief in an Ex Parte Appeal to the TTAB through ESTTA, per class N/A $ 200
[NEW] Initial Request for Extension of Time to File an Appeal Brief in ex parte appeal cases, per class N/A $ 0
[NEW] Second and Subsequent Requests for Extension of Time to File an Appeal Brief in ex parte appeal cases, per class N/A $200
[NEW] Requests for oral hearings, per proceeding N/A $ 500

Miscellaneous Fees

Description Prior Fees New Fees (eff. Jan. 2, 2021)
Petition to the Director under 37 C.F.R. § 2.146 or § 2.147 $ 100 $ 250
[NEW] Petition to the Director under 37 C.F.R. § 2.66 (to revive an abandoned application) N/A $ 150
[NEW] Letter of Protest under 37 C.F.R. § 2.149, per subject application N/A $ 50

* Technically, there are still fees posted for paper filings, but given that the USPTO now mandates electronic filing in all instances (see prior posts), there will only be very narrow instances where these might apply. In the interests of brevity for purposes of this post, we have omitted the paper-filing fees in the charts above. If these are relevant to your situation, you can find the comparison here: https://www.uspto.gov/sites/default/files/documents/Trademark-Fees-Current-Final-Unit-Cost-2020.xlsx.

Note also that the list above is not a comprehensive recitation of all of the applicable filing fees for trademark filings with the USPTO or proceedings before the Trademark Trial and Appeal Board. For a complete list, see the USPTO’s Current Trademark Fee Table.

Sources for Additional Information:

USPTO Issues Notice of Proposed Rulemaking on Revised Trademark Filing Fees

Today the USPTO published a Notice of Proposed Rulemaking for Trademark Fee Adjustment that sets or revises certain filing fees before the Trademark Office. This process follows up on the presentation made by the USPTO to the Trademark Public Advisory Committee on September 23, 2019. (Transcripts of the TPAC meeting and comments received in response are available at http://www.uspto.gov/about-us/performance-and-planning/fee-setting-and-adjusting.)

The fee changes proposed during the September 2019 TPAC Meeting at that time can be found at Table of Trademark Fee – Current, Proposed and Unit Cost – or one could review the USPTO’s Table of Trademark Fee Adjustments for a more detailed view of what would change under the earlier proposal. The USPTO Director’s letter to TPAC transmitting the earlier fee proposal can also be found on the USPTO’s Fee Setting and Adjusting page. When these amendments were proposed, the anticipated effective date was August 2020.

The latest NPRM seeking to revise the fees proposes that the earliest that new fees could go into effect would be October 2020, and specifically states that before the Final Rule is issued, “the USPTO will consider the state of the U.S. economy, the operational needs of the agency, and public comments submitted pursuant to this NPRM. The USPTO will make adjustments as necessary to the substance and timing of any final rule based on all of these considerations.” Trademark Fee Adjustment, 85 Fed. Reg. 37040 (proposed June 19, 2020).

Generally, the USPTO proposes to increase the fees for all application filing types – with higher fees assessed for paper filings. (Now that the USPTO mandates electronic filing throughout the application process, one would expect that the increase in paper filing fees would only apply in very limited circumstance and not actually result in a substantial change for most filers.)

Notably, the Proposed Rulemaking provides a multi-layer fee relating to amendments to the goods or services covered by a registration around the time the registrant is required to file its Section 8 (or 71) declaration of continued use of the mark in commerce to maintain the registration. Specifically, if the amendment is filed by a Section 7 amendment prior to the submission of the Section 8 (or 71) declaration, then there would be no filing fee to delete goods or services from the registration. There would also be no additional fee incurred if the registrant were to delete goods or services from its registration when it filed its Section (or 71) declaration at the outset.

However, if the registrant submits a Section 7 amendment request, responds to an Office Action or otherwise voluntarily amends the goods or services after the relevant Section 8 (or 71) declaration was filed, then the fee to make the change would be $250 per class (if filing electronically – if filing on paper, the fee increases to $350 per class). 85 Fed. Reg. 37040 at 37041-37042.

Clearly the Office is trying to persuade registrants to clean up their registrations in the normal course – and not wait until after they’ve signed a declaration that the mark is used in connection with all of the goods, and have thereafter received an audit request seeking proof, before realizing that they no longer actually use the mark in commerce in connection with certain goods or services, and therefore must delete them.  It is this latter circumstance which would incur the sizable filing fee per class to delete goods or services from a registration during maintenance.

Interested parties have until August 3, 2020 to submit comments in response to the Notice.

More details can be found on the Federal Register’s summary page.