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Prosecution Group Luncheon Trademarks
October 2012
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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
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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
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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
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