Topics covered in this month’s trademark group presentation include recent trademark statistics, examination guidelines on specimens, and recent changes to the federal dilution statute.

1. Prosecution Group Luncheon
Trademarks
October 2012

2. FY 2012: Trademark Stats
• 1.8 million registered marks in continuous use
• 415,000 total new classes (4.1% increase in
filings)
• Quality results – exceeded targets
• First action pendency – between 2.5 and 3.5
months
• Pendency to registration at historical low –
under 12 months

3. Trademark Office Rules
• Examination Guide on Webpage Specimens
as “Displays” Associated with the Goods
– Webpage display must:
 Show picture of goods
 Show mark – associate mark with goods
 Provide info necessary to order
- Online ordering
- Contact Applicant to place an order
– Specifically identify specimen as “display”
• Draft version
– Comment period ends October 31, 2012

4. Does Congress Make Typo’s?
• Previous version 1995:
– Federal registration is a bar to state and federal
dilution claims
– Most believe it was intended only to bar state
dilution claims
• Correction 2012:
– Federal registration is a bar to state dilution
claims
• Not retroactive