Impacts of COVID-19 on Intellectual Property Registrations
The US Copyright Office has announced that, as a result of the COVID-19 pandemic, the processing of paper applications and the examination of physical deposits will be delayed. It strongly encourages applicants to submit applications online.
Special handling claims that are submitted electronically and for which electronic deposits are permissible under the regulations will continue to receive priority. Teleworking examiners will try to examine these applications within five business days.
With respect to electronic applications that require the submission of physical deposits of the best edition, applicants must still send the physical deposits, but you may also upload an electronic deposit of that same work.
The electronic deposit must be accompanied by a declaration or similar statement certifying, under penalty of perjury, that the electronic deposit is identical in content to the physical deposit that has been sent to the Copyright Office. This way, the teleworking examiners will be able to examine the application and deposit electronically.
The US Patent and Trademark Office is not currently anticipating delays, and no patent or trademark application deadlines have been extended. The USPTO will waive revival petition fees for those whose patent applications were deemed abandoned or where reexamination proceedings were terminated or limited, where applicants couldn’t reply in time due to the effects of the COVID-19 pandemic.
Copyright Fee Increase
Effective today (March 20), the Copyright Office is increasing fees for copyright registration and other services. The fee for online filing of a standard registration increases by $10 to $65. The filing fee for a registration of one work by a single author with the same claimant, not a work-made-for-hire, will also be increased by $10, to $45. The cost for paper applications goes up from $85 to $125. You can see all the new fees at the Copyright Office’s website.
Registration of Green Jacket Trade Dress
Since 1949, the winner of the Masters Tournament has received a green jacket. Augusta National, Inc. has now successfully registered the “trade dress” of the green jacket as a protected trademark for “promotion of goods and services through sponsorship of sports events” and “organizing and conducting golf tournaments.”
The registration says “[t]he mark consists of the colors green and gold where the color green is applied to the jacket and the color gold is applied to the three waist buttons and the two sleeve buttons on each arm of the jacket.”
Although the USPTO initially denied registration, Augusta National was able to prove that the jacket itself had acquired widespread fame and recognition.
It submitted evidence of decades of international media coverage, images of the green jacket being awarded to and worn by winners of the golf tournament, and use of the jacket to promote its services. In addition, Augusta National described the strict controls it puts on use of the green jacket and evidence that people recognize the green jacket as being associated with the Masters Tournament.
This registration is a good reminder for you to review your brands and product designs to see whether any of your designs have “acquired distinctiveness” and may be protectable. The US Patent and Trademark Office has issued trademark registrations not only for traditional word marks and logos, but also for product designs, motion marks, sound marks, scent marks, and color marks.
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