On November 18, 2024, the USPTO issued its Final Rule relating to increases in its trademark filing fees for Fiscal Year 2025. Setting and Adjusting Trademark Fees During Fiscal Year 2025, 89 Fed. Reg. 91062 (Nov. 18, 2024) (to be codified at 37 C.F.R. pts. 2, 7) (“Final Rule”). This Final Rule sets or adjusts 28 trademark fees and introduces 7 new fees that had previously not existed. A number of the re-set fees relate to paper filings, which account for less than 1% of new filings overall (see Final Rule at 91076 – Response to Comment 28), and will not be covered by this post as a result. Instead, this post will focus on the “electronic filing” fees and, specifically, these new “surcharges” that are explained in more detail in this Final Rule. Continue reading
USPTO Announces Webinar on Avoiding Trademark Scams
On February 27, 2024, the USPTO announced a new webinar on avoiding scams directed to trademark owners, called “Trademark practitioners: Avoid attorney scams and bad behavior” – to be held March 19, 2024 from 2pm ET to 3:30pm ET. There’s no cost to attend, but you do need to register in advance: https://www.uspto.gov/about-us/events/trademark-practitioners-avoid-attorney-scams-and-bad-behavior.
Even though the session appears to be directed specifically to “trademark practitioners” (i.e., outside trademark attorneys, their paralegals, in-house trademark attorneys and their paralegals, etc.), I would expect this session to also be relevant for corporate or business attorneys (in private practice or in-house), business owners and their compliance staff, and any other trademark owner interested in learning more. Continue reading
USPTO Schedules Listening Session on Duration of Attorney Recognition
On Tuesday, September 26, 2023 at 2pm Eastern, the USPTO will hold a Public Listening Session regarding one of the remaining portions of the Trademark Modernization Act that has not yet been implemented: the duration of the USPTO’s recognition that an attorney represents an applicant/registrant for purposes of communications regarding the client’s trademark records. Changes to Duration of Attorney Recognition; Notice of Public Listening Session and Request for Comments, 88 Fed. Reg. 54305 (Aug. 10, 2023) (PDF version) (the “Notice”).
Interested parties had until September 22, 2023 (updated from Sept. 18) to advise the USPTO that they’d like to present at the Listening Session, currently scheduled in the Clara Barton Auditorium at the USPTO on September 26, 2023 between 2pm and 3:30pm EST. Seating is limited if you’re planning to attend in person, but the session will be simulcast (advanced registration was required by Sept. 22, whether you planned to attend in person or virtually). Written comments will be accepted through October 6, 2023 through the comment portal. Id. Continue reading
USPTO Proposes New Trademark Filing Fees and Requests Public Comment
On May 8, 2023, USPTO Director Kathi Vidal submitted to the Trademark Public Advisory Committee (“TPAC”) the USPTO’s proposed revisions to its trademark prosecution and TTAB fee tables. The USPTO’s Fee Setting and Adjustment page has been updated to include Director Vidal’s Letter (“Letter”), the full Table of Proposed Fee Adjustments (“Fee Table”), Executive Summary, Background Information and a table comparing Current, Proposed and Unit Costs embedded in trademark fees (“Unit Costs”). The proposed increases in these trademark fees resulted from the USPTO’s “comprehensive trademark fee review” and were deemed necessary “to increase aggregate revenue and refine certain fees to efficiently finance ongoing operations.” See Letter at 1. Continue reading
USPTO and Copyright Office Jointly Seek Public Comment on NFTs and IP
On November 23, 2022, the U.S. Patent and Trademark Office (“USPTO”) and the Copyright Office issued a joint request for public comment regarding the interplay between non-fungible tokens (NFTs) and intellectual property law and policy issues.
This request for comment comes in response to a June 9, 2022 letter sent by Senators Patrick Leahy (D-VT) and Thom Tillis (R-NC) on behalf of the Senate Committee on the Judiciary, Subcommittee on Intellectual Property to the USPTO and the Copyright Office, which letter requested that the agencies undertake a study of IP law and policy issues relating to NFTs, and more broadly consider “how best to secure [IP] rights for emerging technologies”. The letter requested a reply by July 9 – and completion of this study by no later than June 9, 2023.
In particular, the Senators requested that the joint study “address the following list of non-exclusive factors”, and invited the agencies to add additional topics for review: Continue reading