The USPTO has issued an update to the trademark examination guide titled “Examination of Specimens for Use in Commerce: Digitally Created/Altered or Mockup Specimens.” The updated guide addresses examination guidelines regarding digitally created or altered and mockup specimens. In particular, the updated guide revises the procedures for requests for information about the use in commerce of such specimens.

Falling squarely in the boring but potentially useful category, the Copyright Office recently announced that older unsubmitted draft applications will soon be removed from the eCO system. Specifically, any draft application created on or before November 30, 2019, will be permanently discarded by the system on November 30, 2020.

According to the World Trademark Review, for the first time ever, Chinese applicants are filing more U.S. trademark applications than U.S. filers. During a recent week, Chinese applicants accounted for 49 percent of new filings while domestic filers were only responsible for 45 percent. By contrast, U.S. applicants filed 75 percent of applications in 2019.

2020 has been (and no doubt will continue to be) like riding a roller coaster in a hurricane. Fortunately, for the IndyBar, we have a committed membership that has responded in amazing ways. While the pandemic will affect the practice of law for years to come, we can all be proud of the work our association did to respond in positive and uplifting ways. In a non-COVID year, we would typically recognize our IndyBar award winners at our annual Recognition Breakfast — typically a packed event with comradery and good cheer. Like many things this year, we will recognize our award winners in different (but no less important) ways.

Recently, the Ninth Circuit Court of Appeals affirmed a decision at the trial court level in Nevada granting summary judgment in favor of the creators of the musical "Jersey Boys" as to not have infringed an autobiography of one of the band members, Tommy DeVito. The plaintiff in the case, Donna Corbello (widow of the author of the autobiography), had originally been awarded a jury verdict in Nevada federal court wherein the jury determined that 10 percent of the musical's success was attributable to the infringement of the autobiography. 

IndyBar will be offering free wills to Indy-area residents who cannot afford an attorney on Tuesday, November 10. This offering was originally being offered exclusively to veterans in conjunction with Veteran’s Day; however, we have a few openings still available so we are opening the opportunity up to all residents subject to meeting financial requirements at 150% of the Federal Poverty guidelines.

As 2020 ticks to a close, IndyBar sections and divisions are in the process of evaluating their committee rosters and determining vacancies for 2021. Now is the perfect time to indicate your interest in serving on a committee. While space is limited, every effort will be made to involve anyone expressing interest in some capacity.

The United States Patent and Trademark Office (USPTO) recently announced a collaborative deferred-fee provisional patent application pilot program for inventions that combat COVID-19.

On Wednesday, Sept. 9, 2020, the House Judiciary Committee passed by voice vote the Trademark Modernization Act, which was introduced in March 2020. Among other things, the Act would codify existing procedures that permit third parties to submit evidence of fraud during trademark examination, and it would create ex parte procedures to cancel registrations for marks that have not been used.

Owners of U.S. trademark applications and registrations are receiving fraudulent emails that appear to originate from the United States Patent and Trademark Office domain, @uspto.gov. These emails are a scam and do not come from the USPTO.