June 19, 2008

In a recent announcement, the USPTO notified trademark practitioners that its practice regarding grace periods for certain affidavit and renewal filings will be changed during a test program. Traditionally, if a trademark owner does not file a §8 affidavit or §9 renewal prior to the end of the six-month grace period (re: 15 U.S.C. §§1058 and 1059), the USPTO traditionally provides a three-month grace period before it updates its records to notify the public that a trademark has either been cancelled or expired. According to the USPTO announcement (link below), the new pilot program will “shorten the additional waiting period before Office records are updated to thirty days after the expiration of the statutory grace period … resulting in prompter purging of registrations from the Register that are not in compliance with §§ 8 and 9 of the Act.” In addition, this change “also decrease the suspension period for those applications awaiting the disposition of registrations cited under Section 2(d) of the Act, where Office records do not show that a required maintenance filing was timely received.” Additional information on this pilot program, as well s comments regarding the purpose behind the traditional three-month waiting period, are provided in the link below.

USPTO Announcement: LINK


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Copyright 2006-2010, Mark Reichel. The Daily Dose of IP is my personal website, and I am not providing any legal advice or financial analysis. Any views expressed herein should not be viewed as being the views of my employer, Ice Miller LLP. Any comments submitted to this blog will not be held in confidence and will not be considered as establishing an attorney-client relationship. Information submitted to this blog should be considered as being public information, and the submitter takes full responsibility for any consequences of any information submitted. No claims, promises, or guarantees are made or available regarding the completeness or accuracy of the information contained in this blog or otherwise available by searching from or linking away from this blog.

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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