Trademark Law Updates | New Proposed Legislation

July 28, 2008

Senate Passes Bill Transferring Power to Appoint Admin IP Judges from the USPTO to the Commerce Secretary

To amend Title 35, United States Code, and the Trademark Act of 1946
H.R.6362, S.3295, 7/22/2008

Senate Passes Bill Transferring Power to Appoint Admin IP Judges from the USPTO to the Commerce Secretary

The U.S. Senate has unanimously passed on Tuesday, July 22, 2008 a bill that transfers the power to appoint administrative trademark judges and administrative patent judges from the U.S. Patent and Trademark Office (“USPTO”) to the Secretary of Commerce.

The proposed legislation however did not totally clip the power of the Director of the USPTO because such appointments will have to be made upon prior consultation with the Director.

The bill further states: ‘‘(d) DEFENSE TO CHALLENGE OF APPOINTMENT.— It shall be a defense to a challenge to the appointment of an administrative patent judge on the basis of the judge’s having been originally appointed by the Director that the administrative patent (or trademark)  judge so appointed was acting as a de facto officer.’’

Sen. Patrick J. Leahy (VT) introduced the bill on July 21, 2008. On July 22, 2008, the Senate unanimously approved the bill without any amendment.  The House of Representatives referred its own version of the bill on June 25, 2008 to the House Committee on the Judiciary.  Rep. Howard L.  Berman (CA-28) introduced the House version on the floor on June 25, 2008.

View a PDF of the proposed legislation

Also See:

More Than $2.4 Million in Grants Released to 13 Jurisdictions to Combat Intellectual Property Theft

USPTO Seeks Comment on Possibility of Lowering Most Trademark Application Fees

USPTO Expands Trademark Law School Pilot Program

U.S. Customs and Border Protection Announces IPR Interim Final Rule

USPTO Issues TEAS 4.9 Release

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Companies Mentioned

Trademark Law

The following companies are mentioned in Trademark Law Updates:

Tiffany & Co.

eBay, Inc.

Louis Vuitton Malletier S.A.

Tiffany (NJ) Inc.

Take-Two Interactive Software, Inc.

Rockstar Games, Inc. d.b.a. Play Pen

Volkswagen of America, Inc.

Shokan Coachworks, Inc.

Audi AG

University of Southern California

University of Oklahoma

Smack Apparel Company

Ohio State University

Louisiana State University

Collegiate Licensing Company

NTU Electronics, Inc.

Trademark Trial and Appeal Board

Midway Services, Inc.

MDCO, Inc.

Custom Manufacturing and Engineering, Inc.

Automated Engineering Corp.

Woofies, LLC d.b.a. Woofie’s Pet Boutique

Internet Specialties West, Inc.

International Trademark Association

Haute Diggity Dog, LLC

JA Apparel Corp.

Houndstooth Corp.

Harringbone Creative Services, Inc.

Mars, Inc.

Chute Gerdeman, Inc.

Tabacalera Popular Cubana, Inc.

Monster Cable Products, Inc.

Max Rohr, Inc.

Audiovox Corp.

Cuban Cigar Brands, N.V.

Nasalok Coating Corp.

Qualcomm Inc.

Nylok Corp.

ESS Entertainment 2000, Inc.e.s.a. Rockstar Games, Inc.

Broadcom Corp.

Future Lawn, Inc.

Schussler Creative, Inc.

Maumee Bay Landscape Contractors, LLC

Able Time, Inc.

Axiom Worldwide, Inc.

Manheim Auctions, Inc.

North American Medical Corp.

Auction Management Solutions, Inc.

Adagen Medical International, Inc.

Pfizer Inc.

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