USPTO Proposes To Remove Certain Rules Governing Trademark Interference Proceedings

The USPTO has issued a Notice of Proposed Rulemaking ( here) that would streamline the Trademark Rules of Practice by removing certain regulations concerning trademark interferences. The proposed action is consistent with Executive Order 13777, "Enforcing the Regulatory Reform Agenda," and Executive Order 13771, "Reducing Regulation and Controlling Regulatory Costs."

A trademark interference is a proceeding in which the TTAB "determines which, if any, of the owners of conflicting applications (or of one or more applications and one or more conflicting registrations) is entitled to registration." 15 U.S.C. 1066. A trademark interference may be declared only upon petition to the Director of the USPTO. The Director will grant such a petition only if the petitioner can show extraordinary circumstances that would result in a party being unduly prejudiced in the absence of an interference. 37 CFR 2.91(a).