APPLICATION EXAMINATION STATISTICS

Transcription

1 1201 New York Ave., N.W. 7 th Floor Washington, D.C Tel Fax USPTO TRADEMARK STATISTICS Fiscal (October 1, 2013-September 30, 2014) FISCAL YEAR APPLICATION EXAMINATION STATISTICS U.S. TRADEMARK APPLICATIONS FILED, REGISTERED AND MAINTAINED (Measured in total number of International ) * APPLICATIONS FILED REGISTRATIONS ISSUED RENEWALS FILED AFFIDAVITS OF USE (Sect.8) FILED , ,555 56, , , ,121 63,709 93, , ,761 59,871 76, , ,661 44,284 65, , ,330 48,214 61, , ,520 43,953 65, , ,904 42,388 68, , ,064 40,786 49, , ,118 36,939 48, , ,495 39,354 47, , ,056 32,352 41,157 FIRST ACTION & PENDENCY OF U.S. TRADEMARK APPLICATIONS (FISCAL YEARS ) PENDENCY (Avg. Months Elapsed) Examiner's First Action Notice of owance (including suspended and inter partes proceedings) Notice of owance (excluding suspended and inter partes proceedings) Post-registration Renewal (Days) N/A N/A N/A N/A N/A * Since some applications contain more than one International Class, these quantities of are greater than the number of applications actually filed during the relevant period. -1-

2 USPTO TRADEMARK STATISTICS Fiscal Applications and their Pendency by Filing Method No. of Applications 1 st Action Pendency (Months) Total Pendency (Months) Madrid REPs 37, TEAS 264, TEAS-Plus 150, Paper Filed 2, Total 455, Madrid REPs = Requests for Extensions of Protection from an application or registration filed in a foreign country that seeks registration of the same mark and goods in the U.S. under the Madrid Protocol treaty. TEAS and TEAS-Plus = Trademark Electronic Application System. The electronic trademark application form on the web site of the U.S. Patent and Trademark Office which transmits applications to the USPTO through this web page. TEAS-Plus refers to the reduced filing fee ($225 per Class) application when the application is filed without requiring any additional amendments (including to the identification of goods/services because using an ID in the USPTO s ID Manual). First and Final Action Quality * Percentage Error-Free (Target = 95.5%) Last 3 s First Action Quality Final Action Quality Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q * Examination quality is determined through an in-process review and evaluation of the statutory bases for which the office action raises issues and refuses registration of the mark based upon the first office action and the application s approval or denial by the examiner. Non-U.S. Origin Applications Top 6 Foreign Countries to have Filed U.S. Applications in FY 2014 Country Number of Filings United Kingdom 10,779 Canada 10,268 Germany 10,042 China 8,776 France 5,959 Japan 5,786 Residents of foreign countries filed 99,913 U.S. trademark and service mark applications in Fiscal (FY) 2014 a decrease of 0.04% over Fiscal 2013 numbers. Residents of the United States * filed 355,104 U.S. trademark and service mark applications in Fiscal (FY) an increase of 6.4% over Fiscal 2013 numbers. * Includes residents of American Samoa, Guam, and miscellaneous U.S. Pacific Islands. -2-

3 USPTO TRADEMARK STATISTICS Fiscal INT CLASS Filing (by International Class) SHORT TITLE -3- FY 2013 FY Chemicals 5, % 5, % 2 Paints 1, % 1, % 3 Cosmetics and cleaning preparations 13, % 13, % 4 Lubricants and fuels 1, % 1, % 5 Pharmaceuticals 15, % 16, % 6 Metal goods 3, % 3, % 7 Machinery 6, % 6, % 8 Hand tools 2, % 2, % 9 Electrical and scientific apparatus 47, % 50, % 10 Medical apparatus 7, % 7, % 11 Environmental control apparatus 6, % 7, % 12 Vehicles 5, % 5, % 13 Firearms % 1, % 14 Jewelry 6, % 6, % 15 Musical instruments % % 16 Paper goods and printed matter 14, % 14, % 17 Rubber goods 2, % 1, % 18 Leather goods 6, % 6, % 19 Non-metallic building materials 2, % 2, % 20 Furniture and articles not otherwise classified 6, % 6, % 21 House wares and glass 6, % 7, % 22 Cordage and fibers % % 23 Yarns and threads % % 24 Fabrics 3, % 3, % 25 Clothing 33, % 34, % 26 Fancy goods 1, % 1, % 27 Floor coverings % % 28 Toys and sporting goods 11, % 11, % 29 Meats and processed foods 6, % 7, % 30 Staple foods 11, % 12, % 31 Natural agricultural products 3, % 3, % 32 Light beverages 7, % 7, % 33 Wines and spirits 8, % 8, % 34 Smokers' articles 2, % 3, % GOODS SUB 255, % 266, % 35 Advertising and business 43, % 46, % 36 Insurance and financial 16, % 16, % 37 Repair & Building Construction 7, % 7, % 38 Telecommunications 6, % 6, %

4 USPTO TRADEMARK STATISTICS Fiscal INT CLASS SHORT TITLE FY 2013 FY Transportation and storage 4, % 5, % 40 Treatment of materials 3, % 4, % 41 Education and entertainment 40, % 42, % 42 Computer, scientific and legal 25, % 28, % 43 Hotels and restaurants 10, % 11, % 44 Medical, beauty and agricultural 10, % 11, % 45 Personal 7, % 8, % SERVICES SUB 177, % 188, % 200 COLLECTIVE MEMBERSHIP % % A CERTIFICATION % % B CERTIFICATION % % SUB % % GRAND 433, % 455, % USPTO TRADEMARK STAFFING 711 Trademark employees 444 examining attorneys INITIAL APPLICATION FEE LEVELS TEAS Plus Application o $225 per class of goods/services TEAS Reduced Fee (RF) Application*: o $275 per class of goods/services TEAS Regular Application: o $325 per class of goods/services Paper Application: o $375 per class of goods/services *Option introduced January 17, The option most used by Staas & Halsey LLP. -4-

5 USPTO TRADEMARK STATISTICS Fiscal TRADEMARK TRIAL AND APPEAL BOARD (TTAB) STATISTICS Incoming Filings and Performance Measures for Decisions Type of Filing Appeals Extensions of Time to Oppose Oppositions ~3,100 ~16,300 ~5,100 (+11.5%) (-5.8%) (-7.4%) ,794 17,285 5,509 (4.1%) (2.0%) (4.4%) 2,685 16,939 5, (+0.2%) (+0.0%) (+2.3%) 2,634 16,946 5, (-0.1%) (+3.2%) (+3.5%) ,639 16,420 4,985 1, ,895 15,424 4,513 1,374 2 ACR = Accelerated Case Resolution -5- Cancellations ~1700 (~0%) 1,722 (13.8%) 1,513 (+3.4%) 1,463 (+7.4%) Final Decisions on Merits (Appeals and Trial Cases Combined) Issued Average Pendency of Issued Decisions: Awaiting Decision at End of Decisions Ready for Decision to Mailing 4 th Quarter ~ weeks weeks weeks weeks weeks weeks 127 Appeals Commencement to Completion Processing Times Median Total Appeals Trial Cases Median Total Trial Cases ACR 2 Trial Cases (#ACR Decisions) weeks weeks weeks 36 weeks weeks 142 weeks (21) weeks weeks 44 weeks weeks 165 weeks (6) weeks weeks 53 weeks weeks 186 weeks (9) weeks weeks 43 weeks weeks 176 weeks (6) weeks weeks 38 weeks weeks 169 weeks 95 (6) weeks Contested Motions No. Motions Average No. % Decisions Awaiting Resolved by from Ready for Decisions Involving Phone Decision at end Issued Decision to Issued Conference of 4 th Quarter Decisions Issuance weeks N/A weeks 13.5% weeks 29.9% weeks 24.6% weeks 25% FY 2015 statistics are projected from data for the first half of FY 2015 (Oct. 1, 2014 to March 31, 2015)