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Patent Office Fees Increase as of Today

September 26, 2011 By

One of the effects of the Leahy-Smith Act  recently signed into law by President Obama is that  USPTO fees have (as of today) gone up on average 15%.

For an updated fee schedule, see this link.

Here are a few of the new fee amounts:

Old Fee Amount New Fee Amount
Filing Fee**

$462

$530
Issue Fee

$540

$620
Publication Fee

$300

$300
1 Month Extension of Time

$65

$75
2 Month Extension of Time

$245

$280
3 Month Extension of Time

$555

$635

** The above fees are for small entities. Filing fee assumes electronic filing.

There is a new fee category listed on the fee schedule for “Request for prioritized examination” which we will discuss in greater detail in a later post. But, suffice to say, this is a new program in which the applicant can pay a fee for an accelerated examination (a final disposition within 12 months). The fee for small entities is $2400 — which is well worth considering, in many cases. The Patent Office will limit the program to 10,000 petitions per year.

Jam Wars

August 9, 2011 By

As reported in Ad Week, J.M. Smucker, the company that makes Smucker’s preserves, has filed a complaint (see below) in federal court seeking a declaratory judgement that it is not infringing on upscale French preserves maker Andros (maker of the Bonn Maman brand of preserves). The issue relates to usage of the distinctive Ginham design on Smucker’s lids. Under a 27-year old agreement, Bonn Mama agreed to allow Smuckers free usage of the Ginham design so long as it did not compete directly. Because Monn Mamam sold its preserves to upscale markets while Smuckers did not, the companies had been coexisting peacefully. However, all that changed when Smuckers launched its new premium Orchard Finest line of preserves.  Andros sent Smuckers a cease and desist letter, commencing the  “Jam War” as it is being called in the industry.

Smuckers v. S.A. Andros

USPTO Student Extern Program to Double in Size this Year

June 25, 2011 By

Last year the U.S. Patent and Trademark Office (USPTO) hired about 100 students for “extern” positions. This year the USPTO plans to double the number of externs — to 200 or more.

According to USPTO Director David Kappos:
“The PEEP program is one of our premier methods of finding talented individuals who are able to do the kind of challenging and rewarding work we do here at the USPTO. It represents a unique opportunity for students to get hands-on experience and truly learn what it is like to work at the Patent Office.

“This program helps us identify and recruit future, fulltime patent examiners, a facet that has several implications for the program. PEEP integrates theories learned at universities with real-world practice and implementation of those theories, with substantive work within our offices and technology centers. Though the specific duties vary based on the student’s selected position and their level of education, I can assure all those interested in PEEP that they will not only be challenged by what we have in store, but will also be encouraged to learn and enjoy working at the USPTO. I’m in close contact with the individuals heading up the program for us this summer, and I know they are dedicated to ensuring that it will be our best yet.”

 More information is available here.

Disney Withdraws Trademark for “SEAL Team 6”

May 27, 2011 By

As reported in the Wall Street Journal, Walt Disney announced today that it would pull a controversial trademark application for “SEAL Team 6” “out of defference to the Navy”, a spokesman stated. Seal Team 6 was reportedly the team that killed Osama bin Laden. However, officially, the Navy does not admit that the team exists. Shortly after Disney filed for “SEAL Team 6”, the Navy had filed its own marks for “SEAL Team” and “Navy SEALs”.

Motorola Sued for Trademark Infringement Over Use of “Xoom” Tablet

April 25, 2011 By

On the eve of launching its new Xoom tablet computer, Motorola was hit with a trademark infringement lawsuit by Xoom Corporation, a San Francisco-based global money transfer company. Xoom is not a particularly large company and it appears that it will be hurt financially by use of the the Xoom mark by Motorola. For  example, as the complaint notes, when the term “Xoom” is put in the Google search engine, most of the search results come back for the Motorola tablet, not Xoom’s money transfer, as was the case before Motorola named their tablet the Xoom. That said, trademark infringement will be difficult to prove in this case. Is a tablet computer and a money transfer service both with the same name confusingly similar to the relevant buying public? That is the issue to be decided by the court.

Xoom v Motorola – Complaint

USPTO Makes Special Accommodations For Applicants Affected by Japanese Earthquake

March 19, 2011 By

The US Patent and Trademark Office has announced that it is making special accommodations for patent and trademark applicants affected by the earthquake in Japan. These include allowing flexibility on deadlines for Office actions so long as the statutory six month reply period has not passed. According to the notice, upon applicant’s request, the Patent Office wil reissue the office action. In that case, the mailing date would be later, thus extending the deadline for response. The Patent Office also indicated that it would waive the surcharge for late payments of maintenance fees. Similar measures are being taken for trademark applicants affected by the catestrophic events in Japan.

Accused Russian Spy Anna Chapman to Trademark Her Name

February 18, 2011 By

Flag of Russia

The Russian newspaper Komsomolskaya Pravda is reporting that the sultry Anna Chapman, deported from the United States for being a Russian spy, has filed for a trademark on her name. It was reported that she wishes to use it for, among other things, a brand of vodka. No news on whether she wishes to market this vodka in the US or wishes to apply here for a trademark.


Palin’s Trademark Application Rejected

February 8, 2011 By

It is not uncommon for a celebrity to trademark their own name.  And, guess who is trying to register their names?  None other than Sarah Palin and daughter, Bristol Palin, who filed for trademarks for the respective names. . Sarah Palin’s application sets forth that her name will be used in commerce in connection with motivational speaking services.  Only problem so far: the Palins didn’t provide consent by signing the form.  However, it is likely that the rejection will be overcome.

Sony Ericson Sues Clearwire Over Similar Swirl Trademarks

January 19, 2011 By

SONY Ericson Mark

Clearwire Mark

On the left is Sony Ericson’s trademarked logo (Reg. no. 3,690,6010) and on the right is Clearwire’s trademark (Ser. no. 77622804).  Is the one on the right confusingly similar to the one on the left?  This is what Sony charges in a recently filed complaint filed in federal court.  The crux of the lawsuit is the swirl motif, the colors used, and the fact that both parties sell to similar consumers.  Interestingly, Sony had previously filed an opposition against the Clearwire application but withdrew after commencing settlement talks.. Rather than continuing with the opposition, Sony decided to sue Clearwire for trademark infringement, after Clearwire’s mark was being used in commerce.

Starbucks Changes its Trademarked Corporate Logo

January 14, 2011 By

Recently, Starbucks announced that it would be changing its famous logo.  As shown to the left, the new logo emphasizes the image of the lovely woman which Starbucks has identified as a “twin-tailed siren”.  After considerable outcry from observers and supposed experts in marketing, an article in Fast Company finally has shed some light on the decision.  It seems that market research shows that the new logo is particularly attractive in Asian countries… and this move coincides with Starbuck’s agressive push in China and Japan.  Note the inclusion of the “TM” on the new logo, indicating that the trademark has not yet been registered with the US Patent & Trademark Office.

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