2: Trademarks
Optimize Trademark Quality and Timeliness Other Information:
INTRODUCTION Trademarks have served an important purpose throughout recorded history, as owners of goods and services put
their names on their products. In the 21st century, trademarks represent valuable business properties, serving as the symbol
of a company’s good will and the products and services it offers. By registering trademarks, we have a significant role in
protecting consumers from confusion as well as providing important benefits to American businesses. A mark registered with
the USPTO serves as prima facie evidence of ownership and the right to use the mark, and can provide access to the Federal
court system. The registration can be recorded with U.S. Customs and Border Protection in order to stop the importation of
infringing goods. Most importantly, the registration serves as notice to the world of the owner’s claim of right in the trademark.
Today, a business developing a new mark to identify its goods or services can search and discover via the USPTO Web site more
than two million marks in which others claim rights, and then subsequently file an application for registration. Our plan
is to continually assess our process for improvements, to complete electronic processing and workflow to better manage operations,
and to maximize the use of e-government for conducting business with applicants and registrants. In addition to our electronic
filing and information systems, completion of an electronic file management system will: reduce cycle times; enhance the functionality
and number of electronic filing options; provide increased access to pending applications and registered marks; and facilitate
processing requests from U.S. applicants seeking protection of their mark in foreign countries, as well as requests for protection
of marks from foreign applicants in the United States. CHALLENGES/OPPORTUNITIES ● We must clearly identify what constitutes
quality and demonstrate, through statistically valid metrics, that the quality of our work is the highest possible. ● Operating
in today’s domestic and international environment requires us to have full electronic processing that is safe, secure, and
accessible to employees, registrants and stakeholders. Our robust trademark electronic workplace systems must be adaptable
to continuous improvement. ● We must be able to provide certainty for first action pendency, regardless of fluctuations in
filing and funding, by changing our practices for staffing and distributing work. This requires a collaborative management
effort to improve application-filing projections, and provide more certainty to a budget process that begins 18 months prior
to the start of the fiscal year. ● The integration of Trademark and Trademark Trial and Appeal Board (TTAB) systems must be
an area of focus to provide a seamless interface for applicants and reliability of operations. – We are experiencing increased
pendency for requests for reconsideration that are filed contemporaneously with the notices of appeal and must find ways to
address this issue. – Currently, uncontrolled discovery, along with an excessive number of discovery and trial motions, are
increasing the pendency of TTAB opposition proceedings and, ultimately, registration or disposal pendency. OUR STRATEGIC RESPONSE
We will develop alternatives for predicting workloads, making process improvements, hiring and retaining a qualified workforce
and assigning work; fully leverage and expand the potentials of the electronic work environment; and improve TTAB case processing.
PERFORMANCE MEASURES ● Trademark First Action Compliance Rate ● Trademark Final Action Compliance Rate ● Trademark Average
First Action Pendency ● Trademark Average Final Action Pendency ● Trademark Efficiency ● Trademark Applications Filed Electronically
● Trademark Applications Managed Electronically
Objective(s):
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