burdlaw TRADEMARK NEWS

News@PTO  The official emal newsletter of the US Patent and Trademark Office is a great way to keep updated on PTO announcements.  To subscribe to News@USPTO, the official online email newsletter of the United States Patent and Trademark Office simply send an e-mail to news@uspto.gov with "subscribe" as the subject.
News Item Link, if any known to us, to source burdlaw comments

Google denied use of "GMail" in EU.

http://www.markenbusiness.com/en/news.php?newsid=4728

Google has switched to use of "Google Mail" in EU.  A German businessman, Daniel Giersch of Hamburg , was held to own rights and is planning to launch an email service under the name "GMail"

Shape of MAG flashlight held by European Court of Justice not protectable as European Community trademark due to lack of inherent distinctiveness

http://www.worldtrademarklawreport.com/Article/?r=1568&c=1052047

MAG blew this case, not arguing acquired distinctiveness but rather arguing solely inherent distinctiveness..

Madrid Protocol  reaches 80 current member countries.

http://www.wipo.int/treaties/en/documents/pdf/madrid_marks.pdf

The Madrid Protocol has become the de facto International Trademark standard.

 Public Search Room Now Open in Alexandria - Move Marks Final Phase of USPTO Move

The relocation of the public search room marks the beginning of the final phase of the USPTO’s move to Alexandria. At the conclusion of the move in early spring, 2005 over 7,000 USPTO employees and contractors will occupy the five buildings of the Alexandria

View of search facilities in use at the new public search room in Alexandria

The USPTO’s public search facilities and trademark search library are now open in Alexandria, Virginia. The new facility occupies the first two floors of the Madison East Building. It consolidates current patent and trademark information sources and staff and focuses on the electronic delivery of information. The state-of-the-art facility offers 300 computer workstations providing access to the full complement of USPTO patent and trademark automated search systems, in addition to other electronic, microfilm and print resources. The public search room is open daily from 8 am to 8 pm.

Electronic filing has now reached over 80 percent of new filings and 99.8% of USPTO trademark processing is now electronic.

http://www.uspto.gov/teas/index.html

Electronic filing is now the way to file.  Any other filing is an invitation to a malpractice claim, since the online TEAS system has built in error checking. burdlaw WARNING: Do any  one of the things that TEAS would have stopped and you have clearly committed   legal malpractice in this expert's opinion.  In fact, the very act of filing a trademark application any other way is arguably malpractice.

The "Official Gazette" is now only published online (“eOG:P”) or on CD

http://www.uspto.gov/web/trademarks/tmog/

This is old news, but many people continue to ask so we continue to prominently post this fact.

MADRID PROTOCOL adopted by the EC and the US has now passed the Madrid Agreement in number of member countries.  The "Madrid Protocol" is a system allowing centralized processing of foreign applications in all member countries (currently 66, including all EC countries), of the protocol, which greatly simplifies international trademark filing and maintenance. 

http://www.uspto.gov/web/trademarks/madrid/madridindex.htm

With the US and EC  both joining the Protocol, it is sure to be the major international mode of filing trademark applications. This website has been a major proponent for the adoption of this great way for applicants to save on foreign trademark fees.

Guide to Madrid Protocol implementation in US 

http://www.uspto.gov/web/trademarks/madrid/madridguide.htm

a very user friendly guide to US implementation of the protocol.

WIPO Guide to Implementation of Madrid Protocol  Much more comprehensive than the US Guide, and just redone to include the recent addition of the European Community, the WIPO Guide seeks covers ALL member countries and provide information in a user friendly manner with pages with similar format for each country to highlight difference. 

http://www.wipo.int/madrid/en/guide/index.htm

a fabulous guide, recently updated in anticipation of Oct.5-6, 2004 training sessions

Documents in Trademark Disputes Can be Filed Online

The Trademark Trial and Appeal Board-an administrative tribunal that hears and decides appeals and adversarial proceedings involving trademark registrations--is now accepting Internet filings for initial extensions of time in cases challenging federal registration of trademarks. The Electronic System for Trademark Trials and Appeals (ESTTA) also allows parties to file case-related documents not requiring fees by e-mail. ESTTA immediately sends e-mail receipts when documents are filed, and approvals for extension of time requests are normally sent by e-mail within two business days.

http://www.uspto.gov/web/offices/dcom/ttab/

It is really a testament to the dedication of the Trademark Office that even its appeal board has gone online.