Notice2023-07125
Trademarks for Humanity Awards Competition Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 11, 2023
Issuing agencies
Commerce DepartmentPatent and Trademark Office
Abstract
Pursuant to its statutory authority to conduct intellectual property programs, the United States Patent and Trademark Office (USPTO or Office) is launching a pilot program to promote and incentivize brand owners who offer products and services that help address humanitarian issues utilizing a federally registered trademark. The pilot program will be conducted as an awards competition. For the inaugural program, the humanitarian theme will be the environment. Participating trademark owners will submit program applications describing how the provision of their goods or services, in connection with a trademark registered by the USPTO, has addressed a humanitarian environmental problem impacting people or the planet.
Full Text
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<title>Federal Register, Volume 88 Issue 69 (Tuesday, April 11, 2023)</title>
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[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Notices]
[Pages 21650-21652]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07125]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-C-2022-0039]
Trademarks for Humanity Awards Competition Program
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice.
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SUMMARY: Pursuant to its statutory authority to conduct intellectual
property programs, the United States Patent and Trademark Office (USPTO
or Office) is launching a pilot program to promote and incentivize
brand owners who offer products and services that help address
humanitarian issues utilizing a federally registered trademark. The
pilot program will be conducted as an awards competition. For the
inaugural program, the humanitarian theme will be the environment.
Participating trademark owners will submit program applications
describing how the provision of their goods or services, in connection
with a trademark registered by the USPTO, has addressed a humanitarian
environmental problem impacting people or the planet.
DATES: Applications will be accepted from April 11, 2023 through July
14, 2023, or until 200 applications are received, whichever occurs
first.
ADDRESSES: Applications must be submitted electronically via an online
application portal, which can be accessed from the USPTO's Trademarks
for Humanity web page at <a href="https://www.uspto.gov/ip-policy/trademarks-humanity-awards-program">https://www.uspto.gov/ip-policy/trademarks-humanity-awards-program</a>.
[[Page 21651]]
FOR FURTHER INFORMATION CONTACT: Anna Manville, Attorney-Advisor,
USPTO, <a href="/cdn-cgi/l/email-protection#d0b1bebeb1febdb1bea6b9bcbcb590a5a3a0a4bffeb7bfa6"><span class="__cf_email__" data-cfemail="2948474748074448475f4045454c695c5a595d46074e465f">[email protected]</span></a>, 571-272-9300; or Branden Ritchie,
Senior Level Attorney, USPTO, <a href="/cdn-cgi/l/email-protection#036171626d67666d2d716a77606b6a6643767073776c2d646c75"><span class="__cf_email__" data-cfemail="432131222d27262d6d312a37202b2a2603363033372c6d242c35">[email protected]</span></a>, 571-272-9300.
SUPPLEMENTARY INFORMATION: In 2012, the USPTO announced a pilot program
to recognize humanitarian uses of patented and patent-pending
technology. See Humanitarian Awards Pilot Program, 77 FR 6544 (February
8, 2012). Based on the success of that program, the USPTO is announcing
a pilot awards program to promote and incentivize the use of trademarks
in connection with the provision of goods and services that address
humanitarian issues. The USPTO will review the results of this pilot
program to determine whether to continue or modify the program.
Eligibility: The competition is open to any entity or person who:
<bullet> owns a mark that is the subject of a live federal
trademark registration issued by the USPTO; and
<bullet> is using the mark in U.S. commerce on or in connection
with the goods and/or services specified in the federal registration.
Eligible U.S. registrations may be for trademarks, service marks,
certification marks, collective marks, or collective membership marks.
Competition Criteria: Applications must describe how applicants
have addressed a ``humanitarian, environmental problem,'' which is an
environmental challenge that impacts the welfare of people or the
planet. Examples of humanitarian, environmental problems include: air,
land, and water pollution; greenhouse gas emissions; climate change;
deforestation; water shortages; industrial and household waste; and the
need for renewable energy solutions, among others.
Applicants must describe how the provision of their goods and/or
services in connection with their registered trademark(s) helps to
address a humanitarian, environmental problem or problems. For example,
an applicant may be providing products and/or services that use
environmentally-friendly materials/practices or that relate to
renewable energy, green technology, water purification, reforestation,
capturing carbon emissions, or pollution reduction solutions.
Applicants are encouraged to think broadly regarding the connection
between the environment and their efforts. For example, an applicant
may: utilize repurposed or recycled materials to produce or package
their products; license renewable energy solutions to others; or donate
its profits toward efforts to address humanitarian, environmental
problems. Other examples could include a certification mark owner's
efforts to promote the authorized use of its mark by businesses that
contribute toward resolving a humanitarian, environmental problem, or a
non-profit organization's educational and training services to
encourage best practices surrounding a humanitarian, environmental
problem. The focus of the applicant's description should be on
demonstrable, real-world contributions toward a cleaner and healthier
environment.
Judges will evaluate submitted applications based on whether and to
what extent they meet the following four criteria:
(i) Subject Matter--the provision of the applicant's goods and/or
services in connection with a mark registered by the USPTO addresses a
humanitarian, environmental problem;
(ii) Impact--the provision of the applicant's goods and/or services
in connection with a mark registered by the USPTO has made a meaningful
impact in addressing a humanitarian, environmental problem;
(iii) Creative Solution--the manner by which the applicant
addresses a humanitarian, environmental problem through the provision
of its goods and/or services in connection with a mark registered by
the USPTO represents a creative, new, or improved approach or solution;
and
(iv) Character of the Mark--the applicant's registered mark used on
or in connection with its goods and/or services:
<bullet> Creatively conveys the importance of the environment; the
need to address a humanitarian, environmental problem, or the manner in
which the applicant's particular goods and/or services, or the
provision thereof, address a humanitarian, environmental problem; or
<bullet> Has become recognized through its use as being associated
with addressing a humanitarian, environmental problem.
Selection Factors: In addition to the competition criteria, a
number of selection factors will be considered in choosing award
recipients. Unlike judging criteria, selection factors are not items
that applicants address in their applications. Rather, they are guiding
principles for administering the competition.
While a live U.S. trademark registration is required to be eligible
for the program, the program will be geographically neutral, meaning
the impact resulting from applicant's efforts can be anywhere in the
world.
Diversity with respect to contribution toward addressing
humanitarian environmental problems will also factor into selections.
Part of the program's mission is to showcase the numerous ways in which
trademark owners contribute to humanitarian efforts. No single
contribution model can address every humanitarian, environmental
problem. Selected awardees should reflect a diverse range of: products
and services; organizational structures; sizes (small, medium, and
large entities); methods of contribution; and specific areas of focus
within the broad humanitarian, environmental theme.
Application Process: Applications for the 2023 Trademarks for
Humanity awards competition will be accepted from April 11, 2023 to
July 14, 2023, or until 200 applications are received, whichever occurs
first. Applications must be submitted electronically via an online
application portal, which can be accessed from the USPTO's Trademarks
for Humanity web page at <a href="https://www.uspto.gov/ip-policy/trademarks-humanity-awards-program">https://www.uspto.gov/ip-policy/trademarks-humanity-awards-program</a>. The application portal will feature an
interactive electronic application form that applicants will use to
enter application information and upload any supporting materials they
wish to submit. Submitted applications will be publicly available on
the application portal after being screened for inappropriate material.
Submissions containing incomplete or inappropriate material will not be
considered.
Applications will contain a required core section and an optional
supplementary section. In the core section, applicants must describe
how their efforts meet the defined competition criteria, within a
strict seven thousand-character limit.
In the optional supplementary section, applicants may provide
additional supporting materials (e.g., product/service brochures,
advertising materials, published articles, third-party testimonials).
Judges will review the core section of every application, and, time
permitting, will also review materials submitted in the supplementary
section.
This program involves information collection requirements which are
subject to review by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The
collection of information involved in this program has been reviewed
and approved by OMB under control number 0651-0066.
[[Page 21652]]
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to a penalty for failure
to comply with, a collection of information subject to the requirements
of the Paperwork Reduction Act unless that collection of information
has a currently valid OMB control number.
Judging Process: After the application period ends, independent
judges from outside the USPTO will review, score, and return the
applications and their evaluations to the USPTO. Judges will evaluate
applications based on the judging criteria and selection factors
described above. Each application will be reviewed by multiple judges
separately, and each judge will review multiple applications. To
encourage fair, open, and impartial evaluations, judges will perform
their reviews independently, and the reviews will not be released to
the public unless release is required by law. After awards have been
made, however, applicants may request from the USPTO a copy of the
judges' evaluations for their application with the judges' names
redacted. Such copies will be sent to either the address on file with
the application or another address verified as belonging to the
applicant.
After the USPTO receives the scored applications from the judges,
the USPTO will then forward top-scoring applications to separate judges
from participating federal agencies to recommend award recipients. The
goal is to complete this recommendation process within 90 days of the
close of the application period.
After receiving recommendations from these judges, final decisions
regarding award recipients will be made at the discretion of the
Director of the USPTO. Final results may not be challenged for relief
before the USPTO.
The actual number of selected award recipients will depend on the
number and quality of submissions. Once final decisions regarding award
recipients have been made, the USPTO will notify the awardees and
schedule a public awards ceremony. The USPTO will attempt to notify
awardees four weeks before the ceremony date if circumstances permit.
Selection of Judges: Judges will be selected by the USPTO.
Candidates with the following qualifications will be preferred:
<bullet> Recognized subject matter expertise in trademarks,
economics, business, law, public policy, or a related field;
<bullet> Demonstrated understanding of trademark commercialization,
branding, and/or marketing;
<bullet> Demonstrated knowledge of humanitarian issues
(specifically of humanitarian, environmental issues for the 2023
cycle), including the challenges presented by such issues; and
<bullet> Experience analyzing the effectiveness of efforts to
address humanitarian issues.
Judges will be chosen to minimize conflicts of interest. A conflict
of interest occurs when a judge: (a) has significant personal or
financial interests in, or is an employee, officer, director, or agent
of, any applicant participating in the competition; or (b) has a
significant familial or financial relationship with an applicant who is
participating. When conflicts of interest arise, conflicted judges must
recuse themselves from evaluating the affected applications.
Awards: Winners of the 2023 competition will receive recognition
for their humanitarian efforts at a public awards ceremony with the
Director of the USPTO and/or other executive branch official(s) and
will be featured on the USPTO's website.
Katherine K. Vidal,
Secretary of Commerce for Intellectual Property and Director of the
United States Patent and Trademark Office.
[FR Doc. 2023-07125 Filed 4-10-23; 8:45 am]
BILLING CODE 3510-16-P
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