Register | Login
Intellectual Property Today
RFC Express - Document Management System

Marking Territory: An Empirical Study Concerning the Tightening of Trademark Claim Space on the USPTO Register

By Ashlyn Lembree, JD, MIP

Unlike trademark examination in some other jurisdictions, the U.S. Patent and Trademark Office engages in relative examination, under which pending applications and registrations may block newly filed applications.1 With trademark applications increasing at rates over 8% per year,2 and with an apparent trend of applicants to increase the scope of their claims, finding room in the Register for new entrants to the market is a challenge. The USPTO has expressed concern that the trend toward broad claims -- leading to dramatic increases in blocking marks being cited in ex parte examination -- will necessitate removal of relative examination.3 Although much of the USPTO's post-Bose4 proof-of-use policy agenda to head off this problem is focused on everything-under-the-sun identifications, 5 the USPTO appears to be making other strides to free up Register space in the form of expanded use of disclaimer requirements and greater specificity in identification items. For those of us representing domestic appl...

To view the complete article you must be logged in
Login Now

Not A Member Yet? Sign Up For A Free 10 Day Trial Account!

  © Copyright 2011 Intellectual Property Today
Download Adobe Reader for free