What are the new trademark filing rules for 2020?

What are the new USPTO trademark filing rules in 2020?

Starting Feb. 15, 2020, certain mandatory requirements for trademark filings will take effect. These changes to trademark filing rules pertain mostly to communications with the USPTO and specimens of use. The new trademark filing rules will require nearly all new trademark applications to be filed electronically. That is not so much a change from current practice as most trademark applications are filed electronically these days.

The USPTO has published this new exam guide for the rule changes taking effect on Feb. 15th. Here are the more significant rule changes for trademark filings.

Applicant’s email address in trademark filings

New trademark applications filed on or after February 15, 2020 must include an email address for the applicant in order to receive a filing date. The applicant’s email address cannot be that of outside counsel or a foreign law firm. When filing new trademark applications, applicants should carefully consider which email address to use.

If the applicant is represented by a US attorney, the name, postal address and email address of the lawyer must be included as well.

Trademark rule changes for filing specimens of use

For trademark use on goods, the USPTO wants to see a closer connection between the marks and products. These specimen rule changes apply particularly to labels and tags, webpages and questionable specimens that appear to be digitally created or altered.

Labels and tags attached to goods

Labels and tags should be shown physically attached to the goods or packaging unless the specimen, on its face, clearly shows the mark in actual use in commerce. For example, it might be acceptable to show a label unattached to goods if the label displays the mark and informational matter such as net weight, volume, UPC bar codes, lists of contents or ingredients, or other information about the goods. To reduce the risk of a specimen refusal, it may be safest to show tags or labels attached to the products or packaging.

Webpage specimens

Webpage specimens must show the:

  1. URL for the webpage; and
  2. Date the webpage was accessed or printed.

How will new trademark filing rules affect digitally created or altered specimens?

The USPTO has provided a list of examples which would not be acceptable as specimens:

  • artist’s rendering
  • printer’s proof
  • computer illustration
  • digital image or a similar mockup of how the mark may be displayed

The above items consist of mere depictions of the mark or digitally created or altered images. Such images do not show actual use of the mark in commerce, whether for goods or services.

How useful was this post? (Did you find the information you needed?)

Click on a star to rate it!

Thank you for rating my post!

We want to do better.

Could you tell us what was missing in our post?

Frenda Williams
Frenda Williams
2023-02-21
I have had the pleasure of working with Vic and his team at Innovation Capital Law Group on Trademark creation and contracts. As a solo and non-tech founder, the assistance, guidance and recommendations from Vic and his team have been INVALUABLE. And, with the knowledge that I have a Solid, well versed and caring legal team I can turn to, I have the confidence I need to navigate the intricacies of the tech industry as a solo founder. With that being said, If you’re a startup and you’re looking for a legal team that speaks your language, knows the industry and makes you feel like family…. Innovation Capital Law Group is a Perfect fit for you, your company and your team. Five out of Five Stars… don’t let their brilliance blind you 😁
Shiwei Liu
Shiwei Liu
2023-02-20
Excellent service and quick response. Lots of informative documents on its website.
Chang Chien Michael
Chang Chien Michael
2023-02-20
I have worked with iCap for more than 7 years. I am very glad with his professional knowledge that 7 utility patents were granted by USPTO. Vic and his team are very efficient and knowledgeable. Every time he can transcribe my design idea perfectly in two weeks and file it with no rejection from USPTO. The other service including the granted patent following up is always in time to remind me to take actions. That is why I still stick on iCap as my first priority when I want to file a US patent.
Mats Johansson
Mats Johansson
2023-02-20
We have been happy client for 10+ years. Awesome Patent Law Firm!
Hanson Chang
Hanson Chang
2023-02-16
Glad to write a review for Innovation Capital Law Group. We previously worked with a big law firm (2200 employees) on our patents, and decided to shift over to Innovation Capital. It was a great decision, this team got our patents done faster, more effectively, at a lower cost, and with broader claims. Win all around
Genevieve Springer
Genevieve Springer
2022-09-09
Clear, discernible tools and strategies couched within a business conceived from a genuine interest in doing right by founders.
InPlay Inc
InPlay Inc
2022-06-30
Vic and his team have been providing us with the best patent application experiences we could ever have in our entire career life! Their professionalism and technical knowledge have really saved us a lot of communication effort and time on the applications. Definitely highly recommend if anyone is looking for help with IP protection for their business.
Meg Crowley
Meg Crowley
2022-03-05
After working with Vic and his team at Innovation Capital Law Group, our organization is confident our trademarks were solid and protected. Thank you team.
Andy Dong
Andy Dong
2022-02-28
I have been using Innovation Capital Law Group for a few years and continue to use them. They have provided an excellent services on our legal issues including intellectual properties and patents . They are very responsive, easy to work with and very competent . I highly recommend them.

Follow us

Copyright © Vic Lin 2023