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Topics covered in this month’s trademark group presentation include recent trademark statistics, examination guidelines on specimens, and recent changes to the federal dilution statute.
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Prosecution Group LuncheonTrademarks
October 2012
FY 2012: Trademark Stats
• 1.8 million registered marks in continuous use• 415,000 total new classes (4.1% increase in
filings)• Quality results – exceeded targets• First action pendency – between 2.5 and 3.5
months• Pendency to registration at historical low –
under 12 months
Trademark Office Rules
• Examination Guide on Webpage Specimens as “Displays” Associated with the Goods– Webpage display must:
Show picture of goods Show mark – associate mark with goods Provide info necessary to order
- Online ordering- Contact Applicant to place an order
– Specifically identify specimen as “display”• Draft version
– Comment period ends October 31, 2012
Does Congress Make Typo’s?
• Previous version 1995:– Federal registration is a bar to state and federal
dilution claims– Most believe it was intended only to bar state
dilution claims• Correction 2012:
– Federal registration is a bar to state dilution claims
• Not retroactive