Daejha Smith

University of Georgia c/o 2016 | Emory University School of Law, 21L

No really, is it 2021 yet?

[Daejha Smith @DaejhaSmith]

@AltLegalHQ @sills_mr @LuisDGomezLaw @Bonnie_Aylor I'd love to participate! Please let me know how to get involved.

[Daejha Smith @DaejhaSmith]

This is the final break before we move into the TTAB hearing, which I will unfortunately not be reporting on.

Thank you so much for allowing me to share this amazing experience with you. I miss it already.

Until the next event! #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

A huge thank you to both William Covey, Deputy General Counsel and Director for the Office of Enrollment and Discipline, and Dahlia George from @USPTO for that very informative discussion on ethical issues that arise in the trademark practice! #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

🕵️ OED Q&A🕵️‍♂️

Q: Does the level of due diligence remain the same for the first statement of use as subsequent statements of continued use?
A: This depends on the facts of the case. A history or course of dealing will be taken into consideration.

@USPTO #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

Our last talk before the TTAB hearing! Let's talk about 🤔 ETHICAL CONSIDERATIONS FOR TM PRACTICE 🤔 with William Covey, Deputy General Counsel and Director for the Office of Enrollment and Discipline, and Dahlia George, @USPTO #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

🕵️ OED Hijacking US Practitioner Data🕵️‍♂️

Became a problem as the result of the Local Counsel Rule. What can the OED do?
⚡️ Refer this to the state bar and other agencies that handle consumer protection.

@USPTO #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

🕵️ OED Violations 🕵️‍♂️

💡 TIP: The OED may offer some leniency if the individual in violation cooperates fully and shows remorse for their actions. #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

🕵️ OED Common Violations 🕵️‍♂️

🔔 Misrepresentations in declarations
🔔 Failure to conduct sufficient inquiries
🔔 Failure to communicate effectively (clients + USPTO)
🔔 Improperly prepared or signed TM documents
🔔 Aiding unauthorized practice of law

@USPTO #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

🕵️ Office of Enrollment and Discipline 🕵️‍♂️

💡 Diversion Pilot Program - Implemented due to increasing statistics of substance abuse, anxiety, depression, and stress. ⚡️ Extended to 2022 ⚡️

🔗 Read more about the program here: https://t.co/RN0zPWywuW

@USPTO #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

🕵️ Office of Enrollment and Discipline 🕵️‍♂️

See the following chart outlining the disciplinary actions that result from the roughly 300 complains that are received per year.

@USPTO #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

🕵️ Office of Enrollment and Discipline 🕵️‍♂️

📌 The OED must file a complaint within one year of receiving a grievance, but a complaint can be filed within up to 10 years after the misconduct.

@USPTO #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

🕵️ Office of Enrollment and Discipline 🕵️‍♂️

After receiving a complaint the OED can:
⚡️ Close the issue without any action
⚡️ Issue a warning
⚡️ Institute a formal charge
⚡️ Enter a settlement agreement

@USPTO #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

🕵️ Office of Enrollment and Discipline 🕵️‍♂️

Anyone can submit a grievance or complaints must detail what was problematic and the OED will evaluate that.

@USPTO #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

🕵️ Office of Enrollment and Discipline 🕵️‍♂️

Voluntary CLE Certification coming Spring 2022:
⚡️ 5 credits in patent law and practice
⚡️ 1 credit in ethics
⚡️ Up to 2 for pro bono legal services

Published guidelines coming soon, @USPTO #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

🕵️ Office of Enrollment and Discipline 🕵️‍♂️

What is considered "practice" before the USPTO?
⚡️VERY broad. Starts with the consultation, even one only contemplating the filing of a patent application.

William Covey and Dahlia George, @USPTO #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

Another short break followed by a discussion of ethics with William Covey, Deputy General Counsel and Director for the Office of Enrollment and Discipline, @USPTO when we return at 2:45.

See you then! #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

Thank you to both David S. Gooder, Commissioner for Trademarks, and the Honorable Gerard F. Rogers, Chief Administrative Trademark Judge for the Trademark Trial and Appeal Board, for taking time to tell us about the state of the USPTO and the TTAB @USPTO #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

📌STATE OF THE TTAB - Odd and Ends📌

⚡️2020 Precedent goal was 35-40, 42 have been issued
⚡️2021 Pilot for pre-trial conferencing

Hon. Gerard F. Rogers, @USPTO #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

We’re now transitioning into a discussion on the 📌STATE OF THE TRADEMARK TRIAL AND APPEAL BOARD (TTAB)📌 with the Honorable Gerard F. Rogers, Chief Administrative Trademark Judge, @USPTO #IPLTrademarkDays2020.

[Daejha Smith @DaejhaSmith]

📌STATE OF THE TTAB IT Updates📌

⚡️ Better syncing between systems
⚡️ TTAB Reading room replaced e-FOIA Aug. 1
⚡️ Search back to 1996 by date, party, issue, etc.
⚡️ https://t.co/h3q7lIowiM

@USPTO #IPLTrademarkDays2020

[Daejha Smith @DaejhaSmith]

📌STATE OF THE TTAB IT Updates📌
⚡️ July Enhancement Package: ESTTA 3.1/TTABIS 4.1
⚡️ Automatic screening for non-US addresses
⚡️ ✅ Attorney = automatic Bar Membership info box
⚡️ Registrant email is masked during petition to cancel
@USPTO #IPLTrademarkDays2020