New initiatives are increasing efficiency and pendency offset

Trademark pendency is a top USPTO priority. For over a decade, the agency maintained trademark first action pendency between 2.5 and 3.5 months. An unprecedented surge in trademark filings during FY 2020 and FY 2021 resulted in a backlog that, in turn, increased pendency. Although new trademark application filings have since declined and inventory is stabilizing, the backlog remains high and will likely remain so for the foreseeable future. Accordingly, the USPTO did not meet its total pendency target of 14.5 months for FY 2023, finishing the year instead at 14.6 months (0.1 months higher than goal). First action pendency, however, was 8.5 months, which met the planned target. During FY 2023, the USPTO launched the following initiatives to reduce trademark pendency and enhance customer communication: • Hiring examining attorneys and specialists. The USPTO hired 86 examining attorneys—a class of 46 in October 2022 and another class of 40 in April 2023—all of whom trained virtually. The Office of Trademark Services also hired additional specialists to support examination of maintenance fillings. • Enlisting paralegal support. The USPTO established the TMFlex program after analyzing paralegal support in the Register Protection Office (RPO). Paralegals hired under the program support investigative tasks, primarily for anti-scam work. TMFlex has streamlined anti-scam efforts and had a positive effect on final (disposal) pendency. The agency is also discussing possibilities for nonlawyers to assist in the application process. Publishing a website pendency widget. Based on stakeholder feedback, the USPTO added a pendency widget to several Trademarks webpages showing the date of applications currently in examination, thereby increasing transparency. • Exploring opportunities for efficiency. The USPTO hired a third-party management consulting firm to identify changes that could improve efficiency and effectiveness. Trademarks also holds regular internal ideation sessions with the union and USPTO leaders to brainstorm additional improvements and make the examination process more efficient. In addition, Trademarks is exploring opportunities to automate processes wherever possible.

Patent applications stabilizing allowing the USPTO to catch up

Samantha Handler 21 “Trademark Surge Lessens, But Backlog Leaves Long Waits Now,” https://news.bloomberglaw.com/ip-law/trademark-surge-lessens-but-backlog-leaves-long-waits-for-now

Better Than Last Year Gooder said the office is still receiving a large number of applications, but growth is declining because the rates compare to previous months that had unsustainable numbers, like the 138% rise in December 2019, which was in anticipation of the office’s higher filing fee. September 2020 saw an 88% increase. The agency has been looking into reasons for the surge and its decline, Gooder said. The growth of online sales, new businesses started from the pandemic, and subsidies from the U.S. and Chinese governments all could have contributed, he said. The office expects that the backlog will grow slightly, but that overall it will be able to start making headway. “If new filings stay kind of quiet like they are right now, that will help,” Gooder said at the advisory meeting. “It’s the mouse moving through the snake. It’s going to take awhile.”