There are two important IP matters in the news which we thought you should be aware of:
.xxx domain names Accredited domain name registries will be accepting Sunrise period registration/ reservation requests for .xxx domain names until the 28th October 2011.xxx is a new extension which can only be used by companies operating in the adult entertainment industry.
Although our clients may have no commercial need for a .xxx domain they would probably not want their brand to have a .xxx domain name under the control of someone operating in the adult entertainment industry. Arguably, the best defensive position for trademark owners outside the adult industry is to block the use of their brand in the .xxx Sunrise B phase. The Sunrise period provides a pre-launch opportunity and unlike other standard .XXX registrations the Sunrise B reservation will not show the name of the registrant but will foward to a standard informational page indicating the reserved blocking status of the domain. This is not a typical registration and conveys no other rights for successful Sunrise B Applicants. To be eligible for this option applicants need to have a Trade Mark matching the domain name to be blocked which was registered before 1st September 2011 and need to have secured a blocking registration by 28th October 2011.
A blocking registration will last for ten years as long as the Trade Mark is in force and there are no additional annual renewal costs. For further information contact Jackie Maguire on 0870 402 1611.
Increases in USPTO Fees On September 8, 2011, the US Senate approved the House version of the Leahy-Smith America Invents Act (H.R. 1249). relating to important US patent reform provisions soon to take effect at the U.S. Patent and Trademark Office. The USPTO will adopt the first to file principles similar to those already operating in Europe. On 16th September 2011 President Obama signed the bill into law. Several provisions of the bill will take effect immediately while others will be implemented in the next year or 18 months.
Of particular note are that changes in the USPTO fee structure are expected to take effect on September 26, 2011, which is ten calendar days from enactment. Specifically, all US patent-related fees are expected to increase by 15% from that date.