The Government Shutdown and Your Trademarks

         

          

         Since several clients have asked how the government shutdown may affect their trademarks, we here at TradeMark Express decided it’d be a good idea to provide all of our clients an update.

          First, good news! The USPTO “will remain open...[and will] operate as usual for approximately four weeks.” This means that all “11,789 employees will be excepted” until approximately starting the week of October 28th. This means that all of your trademark needs will be met from filing a new application to submitting renewal forms.

          However, should the reserve funds be exhausted before then the USPTO will shut down. If a shut down happens, regardless of when it occurs, “a very small staff would continue to work to accept new applications and maintain IT infrastructure.” But what does this mean for you?

          NEW APPLICATIONS

            Even if the USPTO shuts down, new applications will be accepted. Given that it takes about 3-4 months to be assigned to an examining attorney there will be no noticeable delays for new applications as it’s not expected (or hoped!) that the government will be shut down for months. So, more good news! There is no need to delay your needed comprehensive research or application preparation!

          PENDING APPLICATIONS

          In regard to already filed applications including those with pending Office Actions or those needing renewal forms, the USPTO will essentially function on a holiday schedule. This means that “any action or fee that is due on a date falling on...a Federal holiday...is considered timely if the action is received, or the fee paid, on the following day that is NOT...a Federal holiday.” Let’s say the USPTO shuts down and your Office Action is due the very next day. No need to worry! It won’t actually be due until the USPTO is open.

CAVEAT – While these are the provisions in place as of now, the USPTO representative I spoke to warned that nothing is “positive yet” and the office is in “wait and see” mode as the USPTO has never closed down before. Should anything change from what’s outlined above, TradeMark Express will send out another notice.

         

         

TO SUM IT UP...

If you’re thinking about filing a new application or have a pending application that needs attention then don’t delay and contact TradeMark Express today! 

Ch-Ch-Changes Coming to the USPTO Filing System

Starting November 19th, the USPTO is instituting several changes to their TEAS or Trademark Electronic Application System. Nothing too major really. Here are some highlights:

1) "Applicants will have the opportunity to list multiple email addresses" -- there can only be one primary email and any others are to be considered "courtesy emails."

2) "Sound/motion/multimedia files (.wav, .wmv, .wma, .mp3, .mpg, or .avi formats, not exceeding 5 MB in size for audio files and 30 MB for video files) may be filed directly as part of the form" -- this is going to apply for new applications only.

3) There will be a new voluntary amendment form available for "dba" applicants to ensure that section is filled out correctly.

4) "Links for Trademark Information Network “how-to” videos incorporated into appropriate sections of the forms (e.g., at applicant section, drawing section, goods/services section)."

The last point, actually, makes me a bit concerned in that this may provide people a false sense of security when it comes to filing trademarks. There are just so many variables for each and every application that generalized instructions may lull folks into a false sense of complacency. I'll take a look at these videos once they launch and write up reviews for our TradeMark Express blog readers.

Here's the entire press release. Any other changes stand out to you?