[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Notices]
[Pages 11432-11433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4618]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-T-2010-0090]
Coding of Design Marks in Registrations
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
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SUMMARY: The United States Patent and Trademark Office (``USPTO'') is
discontinuing the practice of coding newly registered trademarks that
include a design element with design mark codes based on the old paper
search designations. The USPTO will continue to code all pending
applications that contain a design element using a numerical design
code system modeled after the International Classification of the
Figurative Elements of Marks (``USPTO Design Classification'').
DATES: Effective immediately.
FOR FURTHER INFORMATION CONTACT: Cynthia C. Lynch, Office of the Deputy
Commissioner for Trademark Examination Policy, by telephone at (571)
272-8742.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to 35 U.S.C. 41(i)(1)-(2), the USPTO maintains a publicly
available searchable collection of all United States trademark
registrations in electronic form.
On December 28, 2010, the USPTO published a notice and request for
comments at 75 FR 81587, proposing to discontinue a secondary system of
coding designs contained in registered marks. The USPTO received only
one comment, from an organization supporting the proposed
discontinuation and encouraging the USPTO to use the cost savings to
develop and support electronic initiatives. This comment is posted on
the Office's Web site at http://www.uspto.gov/trademarks/law/FR_Notices_2010.jsp and is addressed below.
The proposed discontinuation of the secondary system, the Trademark
Search Facility Classification Code Index (``TC Index''), stems from
its inferiority to the primary system of design coding, which is much
more specific, precise and robust; the infrequent use of the TC Index
codes in searches by the public; and its costliness to maintain,
especially in proportion to the low usage of the system. The assignment
of TC Index codes to active U.S. trademark registrations in the
searchable electronic database costs approximately $531,000 per fiscal
year for staffing, systems maintenance, and support costs.
Changes: USPTO Discontinuing TC Index Coding
In view of the lack of any public comments opposing the
discontinuation and the public comment supporting it, the USPTO is
discontinuing the practice of design coding newly registered trademarks
with TC Index codes. Terminating the dual design-coding system will
result in cost savings and will free the USPTO staff to perform more
valuable services for the public.
All existing registrations coded with paper search designations
will remain available in the Trademark Electronic Search System
(``TESS'') and on microfilm. The USPTO has updated TESS Help to reflect
that searching by the TC Index code will only retrieve registrations
coded from August 28, 2007, through January 31, 2011. The USPTO
strongly advises all users to rely solely on the primary system, Design
Search Code (``DC'') field, in TESS when performing searches for
pending applications and active registrations for marks that include a
design element. The USPTO will continue to code all pending
applications that contain a design element with the USPTO Design
Classification shown in the DC field. Examining attorneys will continue
to rely solely on the USPTO Design Classification for examining and
approving applications for marks with design codes for Federal
registration.
[[Page 11433]]
Comment: The commenter supports the USPTO's decision to discontinue
the TC Index and encourages the USPTO to redirect the resulting cost
savings to assist users in electronic environments such as the
Trademark Next Generation program.
Response: Eliminating the TC Index coding will allow the USPTO to
devote more of its limited resources to the maintenance and improvement
of the USPTO Design Classification system, which provides the public
with more precise search parameters than are possible with the TC Index
codes. It will also allow the USPTO to devote more resources to
enhancing electronic communications through the Trademarks Next
Generation information technology initiative. In connection with this
initiative, the USPTO is currently reviewing suggestions for
improvements to the electronic systems and will begin implementing many
of them in the coming months.
The USPTO invests heavily in its publicly available electronic
search systems to ensure their maintenance, and commits considerable
resources to enhancing and improving electronic search capabilities.
The USPTO is dedicated to ensuring the quality and accuracy of design
coding under the USPTO Design Classification system. The USPTO Design
Classification codes will continue to be subject to internal quality
review and external review by applicants, registrants and the public,
which further ensures correct design coding.
Accordingly, the USPTO hereby gives notice that the USPTO is
discontinuing coding design marks with paper search designations.
Dated: February 24, 2011.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2011-4618 Filed 3-1-11; 8:45 am]
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