1. 11 Update from the USPTO Trademark News and Initiatives Deborah S. Cohn Commissioner for Trademarks January 31, 2012

2. 2 Trademark Staffing 639 total Trademark employees 378 examining attorneys 90% of examining attorneys telework Hiring –We are in the process of hiring a new class of examining attorneys 2

3. 3 Performance Results Application Filings E-Government Pendency Quality

4. 4 Trademark Performance: Application Filings FY 2010: 368,939 classes FY 2011: 398,667 classes FY 2012 : projected 413,000 classes 4

5. 5 Trademark Performance: E-Government FY 2011 Goal:68% FY 2011 Results:73% FY 2012 Goal:74% FY 2012 1 st Quarter:75% 5

6. 6 Trademark Performance: Pendency 6 FIRST ACTION PENDENCY First action pendency from date of filing to first office action in months. 3.12.5 – 3.5 3.2 DISPOSAL PENDENCY Disposal pendency from date of filing to issuance of a notice of allowance, registration, or abandonment – including suspended and inter partes proceedings. 12.614.5 12.0 DISPOSAL PENDENCY Disposal pendency from date of filing to issuance of a notice of allowance, registration, or abandonment – excluding suspended and inter partes proceedings. 10.512.5 10.2 Trademark Performance Measures FY 2011 Results FY 2012 Targets FY 2012 Q1 Results

7. 7 Trademark Performance: Quality 7 FIRST ACTION COMPLIANCE In-process review of the statutory bases for which the Office raises issues and or refuses marks for registration based on the first office action. 96.5%95.5% 94.1% FINAL ACTION COMPLIANCE In-process review of the statutory bases for which the Office raises issues and or refuses marks for registration based on the examiners approval or denial of the application. 97.0% 96.4% EXCELLENT OFFICE ACTION New measure for FY 2011 indicating the comprehensive quality of the first Office action search, evidence, writing and decision making. 23.6%20.0% 22.1% Trademark Performance Measures FY 2011 Results FY 2012 Targets FY 2012 Q1 Results

8. New Performance Measure: Excellent Office Actions Criteria for Excellence 1. Correctness in decision making 2.The quality of the search 3.Quality and relevance of evidence attached 4. Clarity of the written Office Action Office action must meet all 4 criteria to be considered excellent 8

9. Trademarks Dashboard 9

10. 10 User Outreach Paper Filer Focus Groups Follow Up to Bose Roundtable Disclaimer Roundtable Litigation Study Meeting Trilateral Meeting

11. 11 Paper Filer Focus Groups The USPTO strives to increase the use of electronic submissions. Trademarks held 6 focus groups throughout the U.S. on electronic communications with our users. 11

12. 12 Paper Filer Focus Groups Major Issue from Focus Group: Paper filers get earlier notice of publication than those who have authorized electronic communications. As a result of the focus groups, electronic notices of publication are emailed when the paper advance notice normally sent.

13. 13 Best Method of Maintaining a Use-Based Register In re Bose Corp., 580 F.3d 1240 (Fed. Cir. 2009) changed the fraud standard from the line of cases following Medinol Ltd. V. Neuro Vasx Inc., 67 USPQ2d 1205 (TTAB 2003). Bose raised issues of the integrity of register regarding allegations of use 13

14. 14 Best Method of Maintaining a Use-Based Register On July 12, 2011, the Office issued a Notice of Proposed Rule Making (NPRM) to allow the USPTO to require more information and specimens. Comments on the NPRM were accepted through September 23, 2011 Working on final Rulemaking 14

15. 15 Disclaimer Roundtable On June 21, 2011, the USPTO held a disclaimer roundtable in response to recent changes to the laws in the UK, Australia and Canada eliminating disclaimers. New Examination Guide with additional examples and clarification of existing policy

16. Litigation Study Meeting On November 29, 2011, the USPTO held a meeting to discuss the feasibility of IP Bar Associations providing education regarding trademark policing measures and tactics. Working on future outreach to small businesses, individuals

17. 17 Trilateral Trademark Meeting The USPTO, European Union Trademark Office, Japanese Patent Office and Korean Intellectual Property Office met at USPTO on 12/5-7 China (SAIC) and WIPO attended as observers (China has since joined as full member)

18. Recent Improvements Assignment Enhancements TEAS

19. 19 Assignments on the Web 19 Notices of Recordation are now sent via email, not fax for those who authorize email. Underlying assignment documents are now viewable on our website. Paper Filer Focus Groups

20. TEAS The latest TEAS release incorporated 36 changes and upgrades. Highlights: Multiple e-mail addresses Multimedia files may be attached in new applications Saved portable forms will retain any attachments. teas@uspto.gov – for questions or suggestions regarding electronic filing

21. TMNG: Trademarks Next Generation

22. Goals: (1) Separate Trademark from Patent systems (2) Become virtual (3) Deploy a 21 st century IT platform 22

23. Trademarks Next Generation Internal and external users of Trademark systems were asked for their input. Over 300 suggestions were received. tmideas@uspto.gov – for suggestions for TMNG 23

24. Trademarks Next Generation Trademark Status and Document Retrieval, (TSDR) was made live on December 19, 2011. Cloud based, TSDR combines TARR and TDR 24

25. 25 Trademark Videos TM Expo Educating the Public

26. 26 10 videos now available to the public 26 Educating the Public: TMIN Videos

27. Introduction to the USPTO and Trademark Basics Before You File Searching Applicant Information Drawing Issues Goods and Services Filing Basis Information Specimen After You File Post-Registration Issues 27

28. 28 Educating the Public: TM Expo

29. 29 USPTO Communications Additional e-mail addresses for suggestions and feedback: tmfeedback@uspto.gov – for miscellaneous suggestions and/or comments tmtmep@uspto.gov – for suggestions for future revisions of the TMEP 29

30. 30 Thank You Questions? Deborah S. Cohn Commissioner for Trademarks Debbie.Cohn@uspto.gov 30