Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Notices 81587 

Although non-emergency issues not 

contained in this agenda may come 

before these groups for discussion, those 

issues may not be the subject of formal 

action during these meetings. Action 

will be restricted to those issues 

specifically listed in this notice and any 

issues arising after publication of this 

notice that require emergency action 

under section 305(c) of the MagnusonStevens Fishery Conservation and 

Management Act, provided the public 

has been notified of the Council’s intent 

to take final action to address the 

emergency. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Kitty M. Simonds, 

(808) 522–8220 (voice) or (808) 522– 

8226 (fax), at least 5 days prior to the 

meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: December 22, 2010. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–32595 Filed 12–27–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

[Docket No. PTO–T–2010–0090] 

Coding of Design Marks in 

Registrations 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Notice and request for 

comments. 

SUMMARY: The United States Patent and 

Trademark Office (‘‘USPTO’’) proposes 

to discontinue its secondary design 

coding, the practice of coding newly 

registered trademarks in its searchable 

electronic database with design mark 

codes based on the old paper search 

designations. 

DATES: Comments must be received by 

January 27, 2011 to ensure 

consideration. 

Addresses for Comments: The USPTO 

prefers that comments be submitted via 

electronic mail message to 

TMFRNotices@uspto.gov. Written 

comments may also be submitted by 

mail to: Commissioner for Trademarks, 

P.O. Box 1451, Alexandria, VA 22313– 

1451, attention Cynthia C. Lynch; by 

hand-delivery to the Trademark 

Assistance Center, Concourse Level, 

James Madison Building-East Wing, 600 

Dulany Street, Alexandria, Virginia, 

attention Cynthia C. Lynch; or by 

electronic mail message via the Federal 

eRulemaking Portal. See the Federal 

eRulemaking Portal Web site (http:// 

www.regulations.gov) for additional 

instructions on providing comments via 

the Federal eRulemaking Portal. The 

comments will be available for public 

inspection on the USPTO’s Web site at 

http://www.uspto.gov and will also be 

available at the Trademark Legal Policy 

Office, Madison East, Fourth Floor, 600 

Dulany Street, Alexandria, Virginia. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia C. Lynch, Office of the Deputy 

Commissioner for Trademark 

Examination Policy, by telephone at 

(571) 272–8742. 

SUPPLEMENTARY INFORMATION: 

Background 

Pursuant to 35 U.S.C. 41(i)(1)–(2), the 

USPTO maintains a publicly available 

searchable collection of all United 

States trademark registrations. Initially, 

the collection was provided in paper 

form only. Currently, the USPTO 

provides the collection in electronic 

form. 

When the trademark collection was 

maintained in paper form, marks were 

searched in tall cabinets located at the 

USPTO’s Public Search Facility. In 

addition to the public, trademark 

examiners searched using the paper 

collection to determine whether 

registration should be refused pursuant 

to 15 U.S.C. 1052(d). Design marks were 

separated into design categories, groups, 

types, or divisions, subdivided into 

specific representations according to the 

U.S. class of goods or services covered 

in the registrations, and then arranged 

in ascending order by registration 

number. Marks with multiple design 

elements generally had to be searched 

separately, which was both challenging 

and time-consuming. 

In an effort to improve the efficiency 

of searching for the public and USPTO 

examiners, the USPTO began 

developing a searchable electronic 

database of marks in 1982. By 1988, the 

USPTO’s trademark examining 

attorneys used the automated system 

exclusively to conduct their searches. 

The USPTO also began to provide 

public access to the trademark database 

of active registered and pending marks 

through the Public Search Facility and 

later on the USPTO Web site. 

When developing the new automated 

search system, the USPTO also 

developed a new numerical design code 

system, modeled after the International 

Classification of the Figurative Elements 

of Marks (‘‘USPTO Design 

Classification’’), which was intended for 

an electronic environment and would 

enable searching multiple design 

elements in one search. In this system, 

each design element is generally 

assigned a six-digit numerical code: the 

first two digits indicate the category 

type (e.g., category 01 is celestial bodies, 

natural phenomena, and geographical 

maps), the next two digits indicate the 

division (e.g., 07 is globes), and the last 

two digits indicate the section (e.g., 

section 05 is globes held by a human). 

This numerical design code system is 

more robust than the paper search 

design code system, which relies 

exclusively on a word or term to 

identify a design element and cannot 

achieve the level of detail of the 

numerical system. 

In conjunction with the new design 

code system, the USPTO also provided 

(and continues to provide) a Design 

Search Code Manual (‘‘Manual’’) that 

includes an index, provides guidance on 

and examples, cross-references related 

material, and gives tips on searching 

using this system. The Manual is 

available to the public on the USPTO 

Web site. 

In 2002, the USPTO submitted a 

report to Congress detailing a plan for 

the removal of a portion of its paper 

search collection. However, in response 

to public concern about relying 

exclusively on the electronic system, the 

USPTO decided to temporarily retain 

the paper collection of registrations with 

design coding, while improving the 

accuracy of its electronic database, and 

modified its plan accordingly. 

In 2007, the USPTO submitted a new 

report to Congress with updated 

information about the improved 

accuracy of its electronic database and 

USPTO Design Classification coding, 

microfilmed all paper trademark 

registrations that include design 

elements, and removed the entire paper 

search collection from its search facility. 

At the same time, the USPTO replicated 

in the automated search system the 

paper design code system, exhibiting 

these word-based codes in a new data 

field for the electronic search system 

called the Trademark Search Facility 

Classification Code Index (‘‘TC Index’’). 

The TC Index allowed those who 

wished to search using the old paper 

designations to continue to do so in the 

electronic database. 

Proposed Changes 

After more than three years of coding 

under both the TC Index and USPTO 

Design Classification systems, the 

USPTO proposes to discontinue 

applying the TC Index code system to 


emcdonald on DSK2BSOYB1PROD with NOTICES
81588 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Notices 

registrations because it is no longer costeffective and is never used by USPTO 

examining attorneys and rarely used by 

the public. 

Currently, the assignment of TC Index 

codes to active U.S. trademark 

registrations in the searchable electronic 

database costs approximately $531,000 

per fiscal year for staffing and systems 

maintenance and support costs. 

Terminating the dual design-coding 

system will result in cost savings and 

will free the staff to perform more 

valuable services for the public. 

Searches based on the TC Index 

coding appear to be quite minimal. For 

example, Trademark Electronic Search 

System (‘‘TESS’’) searches conducted 

from January 1, 2010 though July 31, 

2010, show that of the on-average 

2,531,680 searches conducted per 

month, on average only 229 employed 

the TC Index coding to search. By 

contrast, 2,805 searches, on average, 

relied on the USPTO Design 

Classification. Thus, the vast majority of 

design searches are currently performed 

using the USPTO Design Classification 

system. USPTO examining attorneys 

also rely exclusively on the USPTO 

Design Classification system to search. 

Compared with the USPTO Design 

Classification coding system, the TC 

Index coding system provides little or 

no benefit to users that would justify the 

cost to maintain it. The very general 

categories of designs result in 

cumbersome and time-consuming 

searches, generating sometimes 

enormous results lists for users to 

review. For example, the TC Index 

coding system groups stars under the 

design code SHAPES–ASTRO, which 

encompasses all astronomical shapes 

consisting of celestial bodies (such as 

the moon, sun, stars, planets, etc.), 

globes, and geographical maps. 

Searching this TC design code generates 

approximately 16,001 registrations and 

there is no mechanism for restricting the 

search to five-pointed stars, or sixpointed stars, or groups of stars. Users 

must expend considerable time 

reviewing all registered marks 

containing celestial bodies, globes, and 

geographical marks to locate the specific 

types of star marks that are of interest 

to them. 

Searches using the TC Index codes 

can also provide imperfect results. For 

example, the TC Index does not have a 

specific code for Braille, and images are 

coded as SHAPES–CIRCLES, which 

retrieves over 45,000 search results. 

Searching large numbers of circles is an 

inefficient way to locate Braille marks. 

Searches generally are also less accurate 

than those performed using the USPTO 

Design Classification coding system. 

By contrast, advances in coding under 

the USPTO Design Classification and its 

greater specificity provide the public 

with more precise and accurate search 

results than are currently available 

through the use of the TC Index codes. 

Additionally, the USPTO Design 

Classification is applied to pending 

applications for marks with designs as 

well as to registered marks with designs, 

thereby making it more useful in 

assessing potential likelihood of 

confusion. Examining attorneys rely 

solely on the USPTO Design 

Classification for examining and 

approving applications for marks with 

design codes for Federal registration. 

The USPTO invests heavily in its 

electronic search systems, and commits 

considerable resources to ensuring the 

quality of design coding under the 

USPTO Design Classification system. 

When an application with design 

elements is filed, specially trained 

Federal employees in the PreExamination section of the USPTO 

review the mark drawing and assign 

USPTO Design Classification codes. In 

2008, the USPTO amended the Rules of 

Practice in trademark cases to require a 

description of any mark not in standard 

character, in order to obtain the 

applicant’s characterization of design 

elements to assist the USPTO in making 

accurate and comprehensive designcoding determinations. For example, 

employees use the applicant’s mark 

description to clarify ambiguous design 

elements, thereby promoting correct 

design coding. The USPTO continues to 

provide comprehensive training to PreExamination employees on coding 

marks with design elements to ensure 

accuracy in coding. In addition, the 

USPTO performs quality review of the 

work of the employees, which improves 

confidence in the consistency and 

accuracy of the design coding. 

The design coding in an application is 

reviewed again when a mark with 

design elements is assigned to a welltrained examining attorney to determine 

whether Federal law permits 

registration. The examining attorney 

reviews the mark, the design codes, and 

the mark description and may 

determine whether codes should be 

added or deleted. In 2008, the USPTO 

also provided rigorous training to its 

Legal Instruments Examiners, who assist 

in reviewing and updating application 

and registration data, on coding under 

the USPTO Design Classification. This 

review of design coding by different 

groups at the USPTO has greatly 

increased accuracy and decreased 

subjectivity in coding. 

The USPTO Design Classification 

codes are also subject to external review 

by the public, which further ensures 

correct design coding. Each applicant 

for a mark that includes a design 

element receives a notice from the 

USPTO identifying the USPTO Design 

Classification codes assigned to their 

mark and providing detailed 

instructions on how to suggest additions 

or revisions to the assigned codes. Since 

2005, the USPTO has sent 

approximately 367,000 such notices. 

These notices provide applicants with 

an opportunity to enhance the quality of 

the design coding of marks with design 

elements. 

After a mark registers, filing receipts 

for post-registration filings submitted 

via the Trademark Electronic 

Application System notify registrants of 

the ability to request additions or 

corrections to the USPTO Design 

Classification codes assigned to their 

registered marks. Furthermore, upon 

acceptance of a registrant’s Declaration 

of Use and/or Excusable Nonuse of 

Mark in Commerce under 15 U.S.C. 

1058, the registration file is referred to 

USPTO employees for yet another 

review of the design codes assigned to 

the mark. Upon completion of the 

review, the USPTO notifies the 

registrant of the USPTO Design 

Classification codes assigned to their 

registered mark and provides 

information on revising design codes. 

The USPTO Web site also provides 

information on submitting corrections 

or additions to design codes in 

trademark applications and 

registrations. Even members of the 

public may submit a design coding 

suggestion. These measures all help to 

ensure a high level of coding accuracy. 

The USPTO also updated the Manual 

in 2006 to allow for greater precision in 

identifying and coding designs. Many of 

the larger design-code sections were 

modified to create smaller sections. For 

example, three new design code entries 

for stars were added, which allow users 

to narrow searches to specific types of 

stars. These changes result in faster and 

more efficient electronic searches with 

little irrelevant data returned. 

In view of the widespread use of the 

USPTO Design Classification system, its 

clear advantages and the limited use of 

the TC Index system, the impact of 

discontinuing coding based on the TC 

index appears minimal. The public and 

the USPTO will realize efficiencies. The 

USPTO will be able to devote more of 

its limited resources to the maintenance 

and improvement of the USPTO Design 

Classification system, which is more 

widely used by the public. All existing 

registrations coded with paper search 

designations will remain available in 

TESS and on microfilm. Design-coding 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Notices 81589 

using the USPTO Design Classification 

system has continually improved 

through internal and external review of 

the coding and through internal training 

and quality-review procedures. The 

USPTO Design Classification system 

provides more accurate results, is 

available to all members of the public 

through the Internet, and is exclusively 

used by the examining attorneys at the 

USPTO. 

Accordingly, the USPTO hereby gives 

notice of its intent to discontinue coding 

design marks with paper search 

designations. Any interested member of 

the public is invited to provide 

comments on this plan within thirty 

(30) days. The USPTO is providing this 

opportunity for public comment 

because the USPTO desires the benefit 

of public comment on the proposal; 

however, notice and an opportunity for 

public comment are not required under 

5 U.S.C. 553(b) or any other law. See 

Cooper Techs. Co. v. Dudas, 536 F.3d 

1330, 1336–37 (Fed. Cir. 2008) (stating 

that 5 U.S.C. 553, and thus 35 U.S.C. 

2(b)(2)(B), does not require notice and 

comment rule making for 

‘‘ ‘interpretative rules, general statements 

of policy, or rules of agency 

organization, procedure, or practice.’ ’’ 

(quoting 5 U.S.C. 553(b)(A)). Persons 

submitting written comments should 

note that the USPTO may not provide a 

‘‘comment and response’’ analysis of 

such comments as notice and an 

opportunity for public comment are not 

required. 

Dated: December 21, 2010. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2010–32564 Filed 12–27–10; 8:45 am] 

BILLING CODE 3510–16–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

The following notice of scheduled 

meetings is published pursuant to the 

provisions of the Government in the 

Sunshine Act, Public Law 94–409, 

5 U.S.C. 552b. 

AGENCY HOLDING THE MEETINGS: 

Commodity Futures Trading 

Commission. 

TIMES AND DATES: The Commission has 

scheduled two meetings for the 

following dates: 

January 13, 2011 at 9:30 a.m. 

January 20, 2011 at 9:30 a.m. 

PLACE: Three Lafayette Center, 1155 21st 

St., NW., Washington, DC. Lobby Level 

Hearing Room (Room 1000). 

STATUS: Open. 

MATTERS TO BE CONSIDERED: The 

Commission has scheduled these 

meetings to consider the issuance of 

various proposed rules. Agendas for 

each of the scheduled meetings will be 

made available to the public and posted 

on the Commission’s Web site at 

http://www.cftc.gov at least seven (7) 

days prior to the meeting. In the event 

that the times or dates of the meetings 

change, an announcement of the change, 

along with the new time and place of 

the meeting will be posted on the 

Commission’s Web site. 

CONTACT PERSON FOR MORE INFORMATION: 

David A. Stawick, Secretary of the 

Commission, 202–418–5071. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2010–32749 Filed 12–23–10; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday, January 

28, 2011. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

and Enforcement Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. 2010–32783 Filed 12–23–10; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday, January 

7, 2011. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

and Enforcement Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. 2010–32780 Filed 12–23–10; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday, January 

14, 2011. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

and Enforcement Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. 2010–32781 Filed 12–23–10; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday January 

21, 2011. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: 

Surveillance and Enforcement Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. 2010–32782 Filed 12–23–10; 4:15 pm] 

BILLING CODE 6351–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary of Defense 

Notice of Advisory Committee Meeting 

Date Change 

AGENCY: Missile Defense Agency (MDA), 

DoD. 

ACTION: Notice. 

SUMMARY: On Tuesday, December 14, 

2010, the Department of Defense 

announced by publication in the 

Federal Register (75 FR 77848) closed 

meetings of the Missile Defense 


emcdonald on DSK2BSOYB1PROD with NOTICES