United States Patent and Trademark Office

An Agency of the Department of Commerce

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Welcome to the USPTO Trademarks Homepage. This page provides the major documentation, tools, applications, links, and useful information for all your trademark needs. If you are new to the USPTO and would like to learn more about Trademarks, visit the Trademarks Basics page.

  

Trademark Initiatives and Events

Trademark Litigation Study

On March 17, 2010, President Obama signed S. 2968, the Trademark Technical and Conforming Amendment Act of 2010 (Public Law 111-146).  In addition to technical changes to the trademark statute, this legislation also required the Department of Commerce (DOC), in consultation with the Intellectual Property Enforcement Coordinator (IPEC), to study and report to Congress: (1) the extent to which small businesses may be harmed by abusive trademark enforcement tactics and (2) the best use of Federal Government services to protect trademarks and prevent counterfeiting.

On April 27, 2011, DOC transmitted the requested study to Congress. In compiling information for the Study, the United States Patent and Trademark Office (USPTO) engaged stakeholders and small businesses, including a request for submission of public comments.  The Office also hosted a public roundtable to discuss these issues.

Trademark Litigation Study [PDF]

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Prior Events 

USPTO Seminar on Trademark Electronic Filing

On Thursday, April 28, 2011, the United States Patent and Trademark Office (USPTO) hosted a seminar on trademark electronic filing.   The Managing Attorney of the Trademark Electronic Application System (TEAS) demonstrated the use of various TEAS forms, explored best practices, and answered questions about electronic filing. 

At a later date, the USPTO plans to make materials related to TEAS available in some format.

USPTO Roundtable on the Patent and Trademark Depository Library Program   UPDATED

On Tuesday, February 15, 2011 the United States Patent and Trademark Office (USPTO) hosted a public roundtable discussion in the Madison Auditorium (Alexandria, Virginia campus) to gather input on the use of the Patent and Trademark Depository Libraries (PTDLs) and how to more effectively utilize their services in an electronic environment.   Specifically, the USPTO was looking for suggestions on what services communities would like to see PTDLs offer.   

Stakeholders could also submit comments via e-mail or in writing.  Please see the Federal Register notice.   Submitted comments are now available.

USPTO Roundtable on Electronic Communication for Trademark Matters: December 3, 2010   

On Friday, December 3, 2010, the United States Patent and Trademark Office (USPTO) hosted a roundtable discussion in the Madison Auditorium (Alexandria, Virginia campus).   Click here to view a video of the roundtable with captioning, or here without captioning.  NOTE: Because of the size of the files, you must download the free Real Player application to play the files: http://www.real.com/realplayer/search.  A transcript of the roundtable is also available.   NEW

The impetus for the program was to further the discussion within the trademark community concerning the Trademark Operation’s goal of decreasing the use of paper.  The USPTO believes that paperless processing is faster, more cost effective, environmentally friendly, and less prone to human error.  To this end, the Office sought to assemble “best practices” for trademark prosecution in the current electronic environment and to obtain feedback on the state of electronic communications with the Trademark Operation.

The panel of trademark practitioners focused on the following questions:

1. For those who authorize e-mail correspondence during trademark prosecution: What are best practices for docketing and routing e-mail correspondence?  What are best practices for record keeping?  What are the perceived advantages of receiving e-mail correspondence?

2. For those who do not authorize e-mail correspondence: Why is paper correspondence from the USPTO preferred?  What are the perceived limitations or drawbacks to receiving e-mail correspondence?  What technical or policy changes could the USPTO implement to incentivize the authorization of e-mail?

3. What are best practices for filing documents using the Trademark Electronic Application System (TEAS)?  What is the best way to handle attachments of documents and evidence?  What is the best procedure to follow when electronic filing problems are encountered? 

4. What are best practices for communicating with clients, including obtaining client signatures on documents, in an electronic environment?

Outreach Initiatives

Request for Comments: Suggestions to Improve the Accuracy of Identifications of Goods and Services in Trademark Applications and Registrations at the USPTO (29Jun2010)   

The United States Patent and Trademark Office (USPTO) and the George Washington University Law School hosted a roundtable discussion on the topic of "The Future of the Use-Based Register."  Panelists and audience members explored the implications of the growing length of identifications of goods and services in U.S. trademark applications and registrations and how accurately such identifications reflect actual use or intent-to-use, following the decision of the Court of Appeals for the Federal Circuit in In re Bose Corp, 580  F.3d 1240, 91 USPQ2d 1938 (Fed. Cir. 2009).

The materials for the session included the following:

          Agenda 

           Bose and Its Aftermath, the Office Perspective

           Historical data concerning lengths of IDs

           Fraud on the Trademark Office

           Table of Fraud Cases 

           Background on Fraud on the USPTO 

 Training and Conferences

No new training events are currently scheduled.

 

Mission

Our mission is to apply the statute in the examination and registration of trademarks. Federal registration of trademarks is not required although registration does:

  • Provide notice to others of marks in use in commerce in the U.S.
  • Provide access to the federal courts
  • Provide prima-facie evidence of ownership
  • Provide access to anti-counterfeiting statutes
  • Permit enforcement of rights
  • Provide a basis for foreign filing
US Department of Commerce
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Last Modified: 4/28/2011 3:31:14 PM