Intellectual Property Law

USPTO publishes two new proposed rules packages for trademark cases

By McKee, Voorhees & Sease, P.L.C.

Today's Federal Register brings with it two sets of proposed rule changes from the USPTO, both dealing with prosecution of trademark cases.

The first, entitled "Changes in Requirements for Signature of Documents, Recognition of Representatives, and Establishing and Changing the Correspondence Address in Trademark Cases," addresses the requirements for powers of attorney and similar documents in trademark applications, and also requirements for applicants not represented by an attorney.  The second package, entitled "Miscellaneous Changes to Trademark Rules of Practice," is "for the most part" to bring regulations in line with actual practice before the Office, as reflected in the TMEP.  For example, the proposed rule merges Statements of Use and Amendments to Allege Use to a single document type, an "Allegation of Use," in intent to use applications.  The examiner would also contact the applicant if goods or services are omitted from the Allegation of Use to verify that the missing goods or services were intentionally deleted.

Comments on both sets of proposed rules are due August 11, 2008.  To read the full proposed rules, click here and here.

Full post as published by FileWrapper on June 12, 2008 (boomark / email).