The U.S. Patent & Trademark Office publishes same filing-to-registration timelines for applications filed based on different bases.
Today’s timeline shows a sample timeline for a Section 1(b) intent-to-use application:
For the full-sized version of the flowchart, please click here. We hope this information is useful.
If you have any questions or concerns, please do not hesitate to contact us.
The Vagos Motocrycle Club, which the Federal Bureau of Investigation has declared an outlaw motorcycle gang, has trademarked its jacket patch, replete with the trademark registration symbol, “in an effort to prevent law enforcement agencies from inserting undercover officers into their organization,” according to an FBI memo that surfaced on Tuesday.
A copy of the FBI’s memo regarding this may be found here.
To our clients and colleagues:
As you know, we often use the US Postal Service (“USPS”) for mailing confirmation copies of documents – particularly international mailings.
As of 22 January 2012, the USPS increased its fees for many of its services including international Express Mail service. Specifically, the USPS increased its postage fees for international flat rate Express Mail envelopes from $27.55 per envelope to $38.00 per envelope. This amounts to an increase of nearly 38% (37.9%).
Accordingly, all international clients will notice an increase in postage fees on future invoices. While we regret we have to do this, we have no control over postage fees charged by the USPS.
We thank you for your understanding.
Effective September 26, 2011, U.S. Patent & Trademark Office fees will increase. The increase comes as a result of Leahy-Smith America Invents Act, which President Obama signed into law on September 16, 2011.
At this time, increased fees will apply to patent matters only. As of September 26, 2011, trademark processing fees will remain the same. Many patent fees are expected to increase by 15%.
According to the U.S. Patent & Trademark Office, the new law will afford more certainty for patent applicants and owners, and provide the USPTO the resources needed to operate efficiently and issue high-quality patents. Implementation of the new law will occur over a period of months, and our USPTO team will seek input and provide updates all along the way.
The current fee schedule may be found here.
The new fee schedule, going into effect on September 26, 2011, may be found here.
If you have any questions, please feel free to contact us.
Otherwise, check back here for future updates.
After 30 years in bureaucratic limbo, the FDA has approved new rules, published today, intended to alleviate consumer confusion about sunscreen effectiveness.
In order to claim they protect against skin cancer, sunscreen manufacturers will have to prove they filter out bothultraviolet B rays and ultraviolet A rays. Additionally, any sunscreen with an SPF of 15 or less will have to bear the following warning: ”This product has been shown only to help prevent sunburn, not skin cancer or early skin aging.”
The key takeaway for consumers: Look for a sun protection factor, or SPF, of 15 and above that also says “broad spectrum.” That’s the new buzzword from the Food and Drug Administration to describe a product that does an acceptable job blocking both types of damaging rays.
The new regulations require that sunscreens be tested for the ability to block the more dangerous ultraviolet A rays, which can penetrate glass and pose the greatest risk of skin cancer and premature aging. Currently, the FDA requires testing for only ultraviolet B rays that cause sunburn. The current SPF labeling system only deals with ultraviolet B rays.
Under the new rules:
• The FDA will prohibit sunscreen marketing claims like “waterproof” and “sweatproof,” which the agency said “are exaggerations of performance.”
• The FDA also proposes capping the highest SPF value at 50, unless companies can provide results of further testing that support a higher number.
• FDA says manufacturers must phase out a four-star system currently used by some companies to rate UVA protection.
After reviewing more than 3,000 public comments, the agency concluded the star system was too confusing for consumers. Instead, protection against UVA should be proportional to protection against UVB, which is already measured using SPF.
Margaret Hamburg, President Obama’s selection to head the U.S. Food & Drug Administration (“FDA”) is scheduled to face senators today as they consider her nomination.
Hamburg is a physician and a bioterrorism expert who has served as Commissioner for Health of New York City.
The Senate is expected to grill Hamburg in light of some notable FDA failures such as salmonella outbreak in peanut products early this year, tomatoes and peppers in 2008 and spinach in 2006.
There are some recent changes to CTM and UK trademark law.
For CTM applications filed after 10 March 2008, CTM searches will be optional. The CTM Register report will continue to be issued for all applications filed after 10 March 2008; however, separate individual searches will only be conducted and provided on request. CTM applicants should note that the request for national searches must be made at the time the application is filed. Applicants will not be able to request searches at a later time. Moreover, the CTM Office will charge a separate fee for the searches (the amount has not yet been determined).
Finally, applicants should note that the option for national searches is “all or nothing”. An applicant elects to receive searches from all 17 countries who currently provide search reports or none. Applicants may not cherry-pick certain countries for which they would like to receive reports.
New rules at the UK Patent Office too: In October 2007, the UK Intellectual Property Office stopped examining (and refusing) new applications on relative grounds (i.e., the existence of earlier registrations or applications). Accordingly, prior U.K., CTM and IR registrations will no longer prevent new UK applications from maturing to registration. While the IPO continues to conduct searches, it simply informs the applicant of any potentially conflicting mark. The IPO automatically informs only the owners of prior U.K. and IR registrations of the new applications. It does not automatically inform owners of earlier CTM registrations. However, owners of CTM registrations may opt-in for notification.
* Thanks to my friends at Graham Watt & Co. for this news.
Yesterday, the FDA ordered Procter & Gamble to stop advertising that its Vicks foaming sanitizer for hands (product here) prevents the spread of viruses (that cause colds.
The FDA is reviewing health claims for over-the-counter antiseptics made by P& G, Johnson & Johnson and other companies. While the active ingredient in the Vicks product, triclosan, is covered under FDA. regulations for certain antiseptic uses, that does not include P& G’s directions that users should leave the sanitizer on their hands, without rinsing with water, according to the letter.
“We believe we’re within the FDA guidelines, and we’re going to work with the FDA to clear up any misunderstandings,” said David Bernens, a spokesman for P&G.
According to AG IP News, official sources in Gaza informed ag-IP-news Agency on Monday that filing of trademark applications, processing pending applications, issuing certificates of trademark registrations and any other related activities have all ceased at the Trademark Office in Gaza with effect from August 2007.
According to the sources, all employees at the Trademark Office were informally instructed not to show up for work.
Ag-IP-news Agency tried to contact the Ministry of National Economy for more information but without any success.
Federal health officials issued stern new warnings Friday for doctors to more carefully prescribe widely used anemia drugs that can increase the risk of death and other serious problems in patients with cancer and kidney disease.
The FDA’s press release can be viewed here.
At issue are drugs sold under the brand names Procrit, Epogen and Aranesp. These drugs are genetically engineered versions of a natural protein, erythropoietin, that increases the number of red blood cells.