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United States Patent and Trademark Office › Examination Procedures

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Fish & Richardson

TTAB Rules Consumer Perception Remains the Critical Inquiry for Generic.gTLD Marks

Fish & Richardson on

In June 2020, the U.S. Supreme Court rejected a rule that the combination of a generic term and a generic top-level domain (“gTLD”) is per se generic. See USPTO v. Booking.com B.V., 140 S. Ct. 2298 (2020) (“Booking.com”). In...more

AEON Law

Patent Poetry: USPTO Issues New Guide on Trademark Filing Scams

AEON Law on

On August 30, the United States Patent and Trademark Office (USPTO) issued new examination procedures for reviewing domicile addresses for trademark applicants. This step is intended to help combat widespread fraud (and...more

McDermott Will & Emery

PTO Lowers the Bar for Genericness Refusals

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) recently issued Examination Guide 1-22, Clarification of Examination Evidentiary Standard for Marks Refused as Generic (Guide 1-22), which amends the PTO’s stance on the appropriate...more

Holland & Knight LLP

Trademark Office Continues Crack Down on Fraudulent Filers, Sanctions Issued

Holland & Knight LLP on

For many years, companies and individuals filing applications to register trademarks at the U.S. Patent and Trademark Office enjoyed a rather quick examination process. Examining attorneys at the Trademark Office reviewed...more

McDonnell Boehnen Hulbert & Berghoff LLP

Stupid § 101 Tricks

McDonnell Boehnen Hulbert & Berghoff LLP on

If we have learned anything from the last six-and-a-half years of patent eligibility jurisprudence, it is that nobody knows what's going on. Subject matter eligibility is a fundamental requirement for an invention to be...more

Burr & Forman

"Trading" on Your Personal Information: Preventing Fraud and Unsolicited Communications Under the New Trademark Requirements

Burr & Forman on

The United States Patent and Trademark Office (“USPTO”) released new examination requirements that went into effect on February 15, 2020. One of the new requirements is to include an email address for the mark’s owner in the...more

Perkins Coie

Practice Tips for USPTO Patent Eligibility Guidelines

Perkins Coie on

The U.S. Patent and Trademark Office released Revised Patent Subject Matter Eligibility Guidance (PEG) in January 2019, then released an update (PEG Update) in October 2019 to clarify certain issues in the PEG. The PEG and...more

Foley & Lardner LLP

New Patent Subject Matter Eligibility Updates Seeks Examination Predictability

Foley & Lardner LLP on

On October 17, 2019, the USPTO issued new patent subject matter eligibility guidance, the first such memo since the January 2019 guidance on 35 U.S.C. §101. The January 2019 memo described a three step, two prong procedure...more

Knobbe Martens

“Term Act of 2019” Proposes Shifting Patent Challenge Burdens to Branded Companies

Knobbe Martens on

A new bill introduced in Congress last week may limit the ability of branded pharmaceutical companies to extend the period of exclusivity products beyond the term of a single patent. The bill, titled “Terminating the...more

Dorsey & Whitney LLP

Will TTAB’s First Precedential Decision of 2018 Lead to Better Quality Examination of Statements of Use?

Dorsey & Whitney LLP on

In January 2015, Pitney Bowes filed an intent-to-use trademark application for the logo shown here for use with mailing services, including postal delivery, parcel delivery, and delivery of mail to post offices for posting...more

Ward and Smith, P.A.

Taking Advantage of the Global Supply Chain for Patent Examination

Ward and Smith, P.A. on

Innovation and Traditional Patent Process - When you develop an innovation, its potential patentability is typically unknown, thus making it difficult to determine whether it is worth the significant expense involved if...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

You Are Suspended...Now What? Four Strategies for Dealing with Trademark Office Suspensions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

It’s happened to the best of us -- the United States Patent and Trademark Office ("PTO") suspends action on an application based on a potential likelihood of confusion with a prior filed/pending application, essentially...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to MarketTM - May 2016

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The May 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the April 2016 revisions to the USPTO's Trademark Manual of Examining Procedure ("TMEP") and notes currently open gTLD Sunrise Periods. ...more

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