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Trademark News
Commission Files Comments With The U.S. Patent And Trademark Office
Filing of Commission comments: The Commission has filed comments with the U.S. Patent and Trademark Office (PTO) regarding proposed rules governing continuation practice. The comments were filed in response to a January 3, 2006, statement of proposed rulemaking in which the PTO proposed to revise certain patent rules of practice pertaining to continued examination practice, as set forth in title 37 of the Code of Federal Regulations. By filing a continuation, a patent applicant may obtain the patent examiner’s further consideration of the pending claims, and the opportunity to amend the claims or present additional arguments and evidence supporting patentability.
According to the comments, the FTC supports the PTO’s proposed rules on continuations – and urges their adoption – as they accommodate the legitimate uses of continuations, limit abuses that can harm the competitive process, and promote the patent system’s ability to provide incentives to innovate to the extent they reduce the pendency of patent applications.
This system enables the user to create and submit legal documentation.
The Electronic Trademark Assignment System enables the user to create and submit a Trademark Assignment Recordation Coversheet by completing on-line web forms, attaching the supporting legal documentation as TIFF images.
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Definition:
Library designated by the USPTO to receive copies of patents, CD-ROMs containing registered and pending marks, and patent and trademark materials that are made available to the public for free.
Autonomous Liberalization
Definition:
Refers to the General Agreement on Trade in Services' (GATS) requirement that WTO Members develop modalities for the treatment of liberalization undertaken voluntarily since previous negotiations.
Fair Use
Definition:
A defense to a charge of copyright or trademark infringement. For copyrights, U.S. courts consider four factors in determining if a fair use defense exists: the purpose and character of the disputed use; the nature of the copyrighted work; the importance of the portion used in relation to the work as a whole; and the effect of the use on the potential market for or value of the copyrighted work.
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