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