TradeMark Express Owner Chris DeMassa and USPTO Commissioner David Gooder discuss trademark marketplace challenges and application process improvements.

ALEXANDRIA, VA, USA, July 10, 2024 /EINPresswire.com/ -- In a recent meeting at the USPTO headquarters in Alexandria, VA, Chris DeMassa, Owner of TradeMark Express, engaged in a pivotal discussion with USPTO Commissioner David Gooder, Chief of Staff Charles Joyner, and Managing Attorney for Trademarks Customer Outreach Jason Lott. The meeting focused on the current state of the trademark marketplace and the pressing issues surrounding trademark applications, particularly the impact of insufficient research on American and global commerce.

The meeting revealed a shared concern among the participants about the fragmented and problematic state of the trademark industry. Several key issues were discussed:

Challenges in Trademark Research:
The discussion underscored shared concerns about the current fragmentation of the trademark marketplace. Key topics included the formidable barriers to conducting comprehensive trademark research, compounded by concerns over liability among some trademark attorneys in conducting research and the proliferation of deceptive trademark services.

Impact of Inadequate Trademark Searches:
The lack of proper research before filing a trademark application has significant repercussions. It has led to a surge in problematic applications, causing the USPTO to increase its Examining Attorney staff from 374 to over 900 in the past four years. This increase in workload is a contributing factor to the USPTO’s consideration of raising application fees.

Decrease in Trademark Applications:
Commissioner Gooder noted a decline in trademark applications, with numbers dropping from approximately 943,928 in 2021 to 737,018 in 2023. Despite a booming economy in this timeframe, this reduction indicates growing issues in the trademark filing process.

High Rate of Rejected Applications:
The USPTO has seen an increase in the rejection rate of trademark applications, with 48.3% of new applications being refused compared to 40.9% in 2016. This high rejection rate underscores the need for improved application quality and the necessity of comprehensive trademark clearance legal research.

Prevalence of Fraudulent Practices:
The meeting also addressed the troubling issue of fraudulent practices, such as the use of forged names on applications. Thus far, 21,000 trademark applications were sanctioned and terminated due to such issues. This problem is partly driven by low-cost competitors engaging in unethical practices.

New Policies to Combat Fraud:
In response to these challenges, the USPTO introduced a policy requiring foreign trademark filers to use U.S.-based attorneys. This measure aims to curb fraud and improve the accuracy of trademark filings.

USPTO’s Efforts to Educate and Inform:
Mr. Gooder emphasized the USPTO’s commitment to addressing these issues through new educational efforts. The USPTO website now features updated informational links to guide users on conducting trademark searches and protecting themselves against scams. Notable trademark search related resources include:

Why Search for Similar Trademarks?
Comprehensive Clearance Search for Similar Trademarks
Federal Trademark Searching

This productive discourse between TradeMark Express and the USPTO underscores the critical need for comprehensive trademark clearance legal research and ethical practices in the industry. By addressing these challenges head-on, both organizations are committed to improving the trademark application process, ultimately benefiting businesses and consumers alike. As the USPTO implements new measures and educational initiatives, TradeMark Express continues to lead by example, ensuring the integrity and quality of trademark searches. The goal of both organizations is to work towards a more efficient and trustworthy trademark marketplace.

Chris DeMassa
TradeMark Express
+1 650-948-0530
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