From: INTPROPLAW@aol.com [mailto:INTPROPLAW@aol.com]
Sent: Monday, November 05, 2012 3:38 PM
To: TM FR Notices
Subject: Comment regarding Sec. 8 timing due 11/5
Comments Regarding Amending the First Filing Deadline for
Affidavits or Declarations of Use or Excusable Nonuse
To Whom it May Concern --
Rather than shortening the time before the first post-registration filing is due, which increases costs substantially in the first few years of a registration for small applicants (particularly when combined with a Section 15 declaration, and separating the dates would lead to higher legal fees for the split filings), I have a different proposition: I would propose that deadwood be eliminated by making the exam more robust at the 5-year and renewal stage. Applicants whose marks were registered long ago are often able to maintain registrations with broader descriptions of goods/services than newer applicants. When the allowable scope in a category has narrowed, or if the applicant claims all or nearly all the types of goods in a class, the registrant should have to provide multiple specimens of use to show use supporting the broad descriptions. If they are unable to do so, then the registration should be appropriately narrowed at those times.
This position is my own personal opinion, and is not necessarily the opinion of the firm or its clients.
Jeffrey S. Wilson
Wilson & Associates
Attorneys at Law
2300 N. Barrington Rd., Suite 400
Hoffman Estates, IL 60169-2036
847-303-0737 phone, 847-490-5362 fax
847-490-5360 alt. phone www.intproplaw.net