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Amendments to Trademark Laws

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Jun 25, 2012 (Newsletter Issue 10/12)
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Assessment of Accuracy of Register

The U.S. Patent and Trademark Office (PTO) implemented a pilot study program in order to assess the accuracy and integrity of the register effective June 21, 2012. The two-year pilot study applies to use-based applications as well as maintenance filings or amendments made in connection with the registered marks. As a result of this pilot study program, your use-based application or existing registration in the U.S. may be subjected to additional proofs of use inquiries and/or requirements.

The study permits the random selection of up to 250 cases per year for further scrutiny insofar as marks that are actually in use in the U.S. and so as to verify the accuracy of identifications of goods and services. The PTO may require additional proofs of use per class and/or other information and materials to support use of mark. In such instances, the applicant/registrant will have at least six months within which to comply with the request.

Source: Silverberg Goldman & Bikoff, LLP, Washington, U.S.