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In October 2012, the Prosecution Group's luncheon covered key trademark statistics and updates for FY 2012. Highlights include 1.8 million registered marks in continuous use, a 4.1% increase in filings with 415,000 new classes, and exemplary quality results with a first action pendency of 2.5 to 3.5 months. Notably, the pendency to registration is at a historical low of under 12 months. The meeting also addressed updates on specimen requirements and a correction from Congress regarding federal registration impacts on state dilution claims.
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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