Partner Jeffrey Greene was quoted in two Managing IP articles titled, “Counsel: what the USPTO should do about mass bad-faith filings,” and “Trademark surge at USPTO stifles Madrid and pharma filers,” (30 July 2021) discussing what businesses filing for trademarks should be considering due to the surge of applications the U.S. Patent & Trademark Office is currently facing.
“You might have a situation where a brand owner just didn’t get an application on file fast enough but has the priority over a third party,” he said. “In some trademark offices, you can file what’s essentially a petition to argue that you have priority over earlier-filed applications.”
“When the exam process was three months, you could feel confident that you’d get your registration in a year and plan accordingly,” he added. “It’s less certain now, and if you’re planning to use the Madrid System, you might be left wondering whether you should base your application on a U.S. mark or not.”