2023 USPTO Updates and Changes

As the new year begins it is time to review some key changes that are occurring in 2023 at the United States Patent and Trademark Office (USPTO):

Office Action Responses

The USPTO announced beginning December 3rd, 2022, trademark applicants will only have 3 months, instead of 6 months to respond to office actions issued by the USPTO. The theory behind this decision is the shorten period of response will cause applicants to register a mark faster! Only time will tell if this truly speeds up a certificate of registration for a mark, or delays registration by many applicants choosing to file the optional 3-month extension.

Nice Agreement Changes

Beginning January 1st, 2023 the USPTO will adopt classification changes adopted by the Nice Agreement. The new rule allows Nice Classifications to be published electronically every 3 years. The updated classifications will include any changes since the previous edition as well any details or updated information on goods or services transferred from one class to a new class.

The Nice Agreement is a multilateral treaty, that is administrated by WIPO. The Agreement establishes the international class of goods and services when registering trademarks.

Copyright Changes

Beginning January 1, 2023, any creative works published in 1927 enter the public domain!

Fee Changes

Good news! At this time no fee increases have been announced for 2023! Watch our blog for any changes and key facts on the USPTO!

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