Wednesday, January 10, 2007

USPTO Celebrates a Milestone

The USPTO announced via a press release that their millionth online trademark application was filed. The millionth applicant since 1997 is pretty impressive. And while, yes, I agree that the electronic system is a thing of beauty if you're in the trademark world, I do have a bit of contention with a portion of that press release.

The millionth application was filed by Donald Junck for the name Bait Craft. Now, of course, I'm going to be biased but I'm going to have to disagree with this: "As many small business owners have done, [Junck] filed the application himself, demonstrating how easy and convenient TEAS is to use--regardless of the applicant's location or resources."

I do think TEAS is a marvelous tool; however, delays tend to be the result for someone not familiar with the verbiage or the process or what the USPTO expects to be on the application. While some mistakes can be corrected, others cannot. And those mistakes that can be corrected still end up delaying your registration.


Also, the press release neglected to mention that Mr. Junck had been through the process once before so he was familiar with what the USPTO wanted. Bait Craft was his registered trademark from September 15, 1998 until June 18, 2005. On June 18, 2005 the USPTO canceled his mark because a
Section 8 was not filed. To check out the old listing, go here and enter in the Serial Number 75328408.

Trademark Application FAQs
Why would the USPTO refuse a trademark?




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