Notice2021-27116
USPTO To Begin Issuing Electronic Trademark Registration Certificates
Primary source
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Published
December 15, 2021
Issuing agencies
Commerce DepartmentPatent and Trademark Office
Abstract
The United States Patent and Trademark Office (USPTO) is seeking comments on its plan to begin issuing electronic trademark registration certificates in the spring of 2022. Upon issuance, the electronic registration certificate will be the official registration certificate. After the USPTO begins issuing electronic registration certificates, trademark owners will have the option to order paper "presentation" copies for a fee. They will also continue to be able to order certified copies of their trademark registrations. This notice outlines the USPTO's plan and requests comments from U.S. trademark owners, practitioners, and other interested parties regarding their views about this plan.
Full Text
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<title>Federal Register, Volume 86 Issue 238 (Wednesday, December 15, 2021)</title>
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[Federal Register Volume 86, Number 238 (Wednesday, December 15, 2021)]
[Notices]
[Pages 71249-71250]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27116]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-T-2021-0051]
USPTO To Begin Issuing Electronic Trademark Registration
Certificates
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Request for comments.
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SUMMARY: The United States Patent and Trademark Office (USPTO) is
seeking comments on its plan to begin issuing electronic trademark
registration certificates in the spring of 2022. Upon issuance, the
electronic registration certificate will be the official registration
certificate. After the USPTO begins issuing electronic registration
certificates, trademark owners will have the option to order paper
``presentation'' copies for a fee. They will also continue to be able
to order certified copies of their trademark registrations. This notice
outlines the USPTO's plan and requests comments from U.S. trademark
owners, practitioners, and other interested parties regarding their
views about this plan.
DATES: Written comments must be received on or before December 15,
2021.
ADDRESSES: Comments regarding this notice should be sent to
<a href="/cdn-cgi/l/email-protection#4b1f060d1905243f22282e380b3e383b3f24652c243d"><span class="__cf_email__" data-cfemail="42160f04100c2d362b21273102373132362d6c252d34">[email protected]</span></a>, with the subject line ``Electronic Registration
Certificates.'' If a submission by email is not feasible due to, e.g.,
a lack of access to a computer and/or the internet, please contact the
USPTO for special instructions using the contact information provided
in the FOR FURTHER INFORMATION CONTACT section of this notice.
FOR FURTHER INFORMATION CONTACT: Catherine Cain, Office of the Deputy
Commissioner for Trademark Examination Policy, USPTO, at 571-272-8946
or <a href="/cdn-cgi/l/email-protection#30647d76627e5f445953554370454340445f1e575f46"><span class="__cf_email__" data-cfemail="5d09101b0f133229343e382e1d282e2d2932733a322b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The USPTO will begin issuing trademark
registration certificates electronically via the USPTO's Trademark
Status and
[[Page 71250]]
Document Retrieval (TSDR) system in the spring of 2022. By doing so,
the USPTO is continuing with its efforts to move to full electronic
processing of trademark applications and registrations. This change
also updates USPTO practice to conform to customer requests and public
comments the USPTO has received that indicated a strong preference to
receive trademark registration certificates in a digital format rather
than as a paper certificate. The change will make the certificates more
accessible for trademark owners and decrease the time it takes for
trademark owners to receive them.
After implementation, trademark registration certificates will no
longer be issued by printing the registration certificate on paper and
mailing it to the correspondence address of record. Instead, the USPTO
will issue the registration electronically under the electronic
signature of the Director and with a digital seal, which will serve to
authenticate the registration. The USPTO will upload the official
registration certificate to the TSDR database, and an electronic notice
will be emailed to the trademark owner with a link to provide access to
the certificate upon issue. Posted with the electronic registration
certificate will be information regarding registration maintenance
requirements pursuant to sections 8(d) and 71(c) of the Trademark Act
of 1946. Trademark owners will be able to use the emailed link to view,
download, and print a complete copy of the registration certificate at
no charge at any time.
While the USPTO will no longer send a paper registration
certificate upon issue, trademark owners will be able to obtain a
printed copy of the first page of the issued registration that is
suitable for framing. This document, known as a ``presentation'' copy,
will be printed on heavy paper; feature a gold foil seal; identify the
owner(s); and display bibliographic data, the trademark, and the
classes of goods and/or services. Trademark owners who file an initial
application on or after the implementation date will be able to order
presentation copies for $25 per copy through the Trademark Electronic
Application System (TEAS). Trademark owners who filed an initial
application before the implementation date will be able to order
presentation copies for free using a TEAS form. Trademark owners will
continue to be able to order certified copies of the trademark
registration for a fee. The certified copy certifies the status and
title of the registration and includes the signature of an authorized
certifying officer.
Background
The USPTO has made significant efforts to implement end-to-end
electronic processing of trademark applications and related
submissions. End-to-end electronic processing means that an application
and all application- and registration-related submissions are filed and
processed electronically, and any related correspondence between the
USPTO and the relevant party is conducted electronically. TEAS was
established to provide applicants the capability of filing their
trademark applications electronically, and TSDR provides real-time
access to the electronic file wrappers of U.S. trademark applications
and registrations, and displays information contained in USPTO records
regarding documents filed under the Madrid system through the United
States.
In December 2019, the USPTO added a quick-response code to the
paper registration certificate that opens a digital version of the
registration certificate in TSDR. This was a step toward providing an
official digital registration certificate to replace the printed
version. In February 2020, the USPTO began requiring, with limited
exceptions, all filers to submit trademark application- and
registration-related documents using TEAS. See Changes to the Trademark
Rules of Practice To Mandate Electronic Filing (84 FR 69330, December
18, 2019). By mandating electronic filing of trademark applications and
submissions concerning applications or registrations through TEAS, the
final rule reduced paper processing to an absolute minimum. As part of
the rule, and to prepare for the transition to electronic registration
certificates, 37 CFR 2.151 was amended to delete the wording regarding
sending the certificate of registration.
In an effort to further streamline the trademark application
process, the USPTO is now planning to issue trademark registration
certificates electronically. The USPTO currently issues approximately
6,000 to 9,000 printed trademark registration certificates per week.
The printing process is costly and time-consuming. Each registration
certificate must be reviewed by a team of in-house contractors, printed
on special paper, and then mailed to customers. Once a paper trademark
registration certificate is issued, a copy of the registration
certificate is available for viewing and printing by the public in
TSDR.
The electronic trademark issuance process would permit the USPTO to
issue trademark registrations approximately one to two weeks faster
than the current paper process by discontinuing the printing,
assembling, and mailing of a paper trademark registration certificate
upon issuance. The trademark owner and the public would benefit from
this time saved. For example, owners would be able to view and print
their electronically issued trademark registrations through TSDR
sooner, rather than waiting for their paper trademark registration
certificate to be sent by mail.
The USPTO will review any comments received and will publish a
notice reminding the public of the transition to electronic
registration certificates approximately 30 days before the
implementation date, once it is determined.
Andrew Hirshfeld,
Commissioner for Patents, Performing the Functions and Duties of the
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2021-27116 Filed 12-14-21; 8:45 am]
BILLING CODE 3510-16-P
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