[E-trademarks] 2024 USPTO filings (mostly not from this list)

Orvis orvispc at gmail.com
Mon Jan 20 15:12:07 EST 2025


You are right, but I'm sure you can spot, in your sleep, a likely problematic application based on the list of goods and services or the specimen. And I'm sure you can do the same thing with renewals. And you do a lot of things other than look at trademark applications and renewals all day long. Those employed to look at trademark applications and renewals all day long should be able to do the same. 

I could see bright line examination guidance based on the presence of Nice class headings in goods and services or goods and services that exceed a large number of terms.

Jan 20, 2025 3:00:03 PM Carl Oppedahl <carl at oppedahl.com>:

> On 1/20/2025 11:09 AM, Orvis via E-trademarks wrote:
>> An exam would be fine for a lot of reasons. But, a measure to address fraudulent or over inclusive applications and renewals should directly do that. No address thing. Not a test thing. Start aggressively and systematically questioning foreign based applications with class headings for goods and services and laundry lists of unrelated goods, along with renewals with questionable specimens. Just keep rejecting them until only legitimate ones are filed.
> 
> Yes one of the things that most definitely needs to happen is better examining at the Trademark Office.
> 
> The big problem with this is that it is not easy.  It is hard. It requires pesky and difficult things like hiring more Examining Attorneys, and training them well, and probably changing the production metrics to reward "getting the right answer more often" instead of "cranking out X number of cases per day".  It is very hard work to devise good metrics for this stuff.  It is very hard to write up new and high quality training materials for this stuff.
> 
> That requires spine and hard work, both of which I fear are in limited supply among leadership at the Trademark Office.
> 
> It is much easier to try to make the problem go away by imposing simple-to-articulate bright-line standards that at least pretend to help, and that do not add very much to the workload for the EAs, and where the burdens all fall upon persons who are outside of the Trademark Office.
> 
>> 
>> 



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