Friday, July 08, 2005

TTABlog Flotsam And Jetsam -- Issue No. 5

While waiting for a few more interesting TTAB decisions to come down the pike, I thought I'd clear out my "things-to-blog" folder. As you will see, some exciting things are happening at the PTO.

New Commissioner For Trademarks Appointed: I am reliably informed that Lynne G. Beresford has been named Commissioner for Trademarks. She has been serving as the Acting Commissioner. Her biography may be found here.

Three New TTAB Judges Appointed: If you haven't already noticed, you soon will be noticing three new names on TTAB opinions (in addition to Judge Grendel, who used to be Judge Bottorff). That's because three new Administrative Trademark Judges have been appointed. [Judge Rany Simms retired earlier this year, as did Judge Robert R. Cissel in April 2004.]

Karen Kuhlke: Judge Kuhlke served several years as an Examining Attorney, and for the last five years as a TTAB staff attorney. She also spent three years in private practice with Steptoe & Johnson in Washington, D.C. Judge Kuhlke holds an undergraduate degree from the University of Kansas, a master's degree from Columbia University, and a law degree from Georgetown.

James Walsh: For the past ten years, Judge Walsh has been trademark counsel to the Washington, D.C. law firm of Arnold & Porter. Prior thereto, he served as Administrator for Trademark Policy and Procedure in the Office of the Assistant Commissioner for Trademarks, and as editor of the Trademark Manual of Examining Procedure. Mr. Walsh received his undergraduate degree from Holy Cross and his law degree from Georgetown.

Albert Zervas: Judge Zervas spent the past six years as a TTAB staff attorney, after several years as a trademark Examining Attorney. He also has more than six years of private practice experience with Kaye Scholer in New York and Marks & Murase in Washington, D.C. Mr. Zervas holds undergraduate and law degrees from the University of Virginia.

Please note that these TTAB judges should not be confused with the Board Members of the other T.T.A.B. (the Trinidad & Tobago Association of Baltimore).

TESS Improvement Provides Direct Link To TTABVUE:
Carl Oppedahl, father of the fabulous FEATHERS! software program, pointed out that the PTO's TESS search result page has been augmented with three new clickable buttons: "ASSIGN status", "TDR status", and "TTAB status."

Each button links directly with the corresponding Assignment, TDR, or TTABVUE page for the serial number or registration under review. This makes it unnecessary to copy and paste the serial number or registration number from one screen to the next.

PTO Issues Rules On Reduced Electronic Filing Fees: Now for one last bit of excitement from the PTO. On July 6th it issued amended Rules that permit an applicant to pay reduced fees for certain applications filed and prosecuted under the TEAS electronic filing system. A fee of $275 per class will apply to "TEAS-Plus" applications that meet certain additional filing requirements. The applicant must also agree to prosecute the application electronically. All is explained here in the Federal Register. Effective date is July 18, 2005.

Shortest TTAB 2(d) Opinion Ever? Judge Grendel wasted no paper in rendering the Board's decision in Viniar v. Clark, Opposition No. 91156752 (June 21, 2005) [not citable]. The entire opinion just barely exceeds two pages. Since the case involved the identical mark MEDIATION WORKS for "mediation and dispute resolution services," on the one hand, and "mediation and alternative dispute resolution services," on the other, how much was there to say? Opposer Viniar did move for summary judgment, but the motion was untimely (i.e., it was filed after Opposer's testimony period had begun). Applicant Clark didn't bother to file an opposition to the summary judgment motion, nor did she file a trial brief. Why bother?

Text Copyright John L. Welch 2005. All Rights Reserved.


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