(508) DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Docket No. PTO-T-2012-0031
Extension of Comment Period for Request for
Comments Regarding Amending the First Filing Deadline for
Affidavits or Declarations of Use or Excusable Nonuse
AGENCY: United States Patent and Trademark Office, Commerce
ACTIONS: Notice of extension of public comment period.
SUMMARY: The United States Patent and Trademark Office ("USPTO" or
"Office") is extending until November 5 , 2012, the period for public
comment regarding a potential legislative change to amend the first filing
deadline for Affidavits or Declarations of Use or Excusable Nonuse under
Sections 8 and 71 of the Trademark Act. The change would require Congress
to amend the Trademark Act, and the USPTO is interested in receiving public
input on whether and why such an amendment is or is not favored.
DATES: Written comments must be received on or before November 5, 2012.
ADDRESSES: The USPTO prefers that comments be submitted via electronic mail
message to TMFRNotices@uspto.gov. Written comments may also be submitted by
mail to Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA
22313-1451, attention Cynthia C. Lynch; by hand delivery to the Trademark
Assistance Center, Concourse Level, James Madison Building-East Wing, 600
Dulany Street, Alexandria, Virginia, attention Cynthia C. Lynch; or by
electronic mail message via the Federal eRulemaking Portal. See the Federal
eRulemaking Portal Web site (http://www.regulations.gov) for additional
instructions on providing comments via the Federal eRulemaking Portal. All
comments submitted directly to the Office or provided on the Federal
eRulemaking Portal should include the docket number (PTO-T-2012-0031). The
comments will be available for public inspection on the USPTO's Web site at
http://www.uspto.gov, and will also be available at the Office of the
Commissioner for Trademarks, Madison East, Tenth Floor, 600 Dulany Street,
Alexandria, Virginia. Because comments will be made available for public
inspection, information that is not desired to be made public, such as an
address or phone number, should not be included.
FOR FURTHER INFORMATION CONTACT: Cynthia C. Lynch, Office of the Deputy
Commissioner for Trademark Examination Policy, at (571) 272-8742.
SUPPLEMENTARY INFORMATION
On August 16, 2012, the USPTO published a request for comment to provide
the public, including user groups, with an opportunity to comment on a
potential legislative change to amend the first filing deadline for
Affidavits or Declarations of Use or Excusable Nonuse under Sections 8 and
71 of the Trademark Act from between the fifth and sixth years after the
registration date, or the six-month grace period that follows, to between
the third and fourth years after the registration date, or the six-month
grace period that follows (77 FR 49425 (August 16, 2012)).
The notice invited the public to submit written comments on the
potential change on or before October 15, 2012. The USPTO is now extending
the period for submission of public comments until November 5, 2012.
September 13, 2012 DAVID J. KAPPOS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
[1383 TMOG 279]
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