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Amendments to Trademark Laws

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Jun 30, 2015 (Newsletter Issue 10/15)
USA
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Changes in Requirements for Collective Trademarks and Service Marks


The USPTO has issued a final rule relating to Changes in Requirements for Collective Trademarks and Service Marks, Collective Membership Marks, and Certification Marks. The rule published in the Federal Register today (80 Fed. Reg. 33,170 (June 11, 2015)), and will become effective July 11, 2015.

This rule primarily codifies current USPTO practice and provides the public more transparent and detailed guidance regarding registering and maintaining registrations for these types of marks.

It contains a new requirement for owners of certification marks filing registration maintenance documents with the USPTO to include certification standards, in the event the standards were not previously provided or have changed. This rule will help ensure that the public record contains current information about what standards are being used to certify goods under the mark.

The rule also includes some amendments that do not specifically refer to certification or collective marks because, in adding detail regarding these types of marks, some broader changes were required to create consistency, to streamline the rules, and to consolidate text and add headings for ease of use. A link to the final rule is available under 'Recent Final Rules' at http://www.uspto.gov/trademark/laws-regulations

Source: www.uspto.gov