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*USPTO’s RELIANCE ON PARTIES’ STIPULATION AGREEMENT WAS HARMLESS ERROR
Fuente Marketing Ltd. v. Vaporous Techs., LLC, 24-1460 – Yesterday in an opinion by Judge HUGHES, the Federal Circuit affirmed the USPTO’s dismissal of Fuente’s opposition to Vaporous’s stylized “X” after finding no likelihood of confusion with Fuente’s “X” character mark. Fuente argued the USPTO improperly relied on the parties’ stipulated description of Vaporous’s mark to conclude consumers would perceive the mark as a stick figure rather than the letter X.
The Federal Circuit agreed the USPTO erred in relying on the parties’ agreed-upon definition. The stipulation merely quoted Vaporous’s trademark application in describing the mark as an “abstract stick figure” and could reflect only the parties’ intent, not consumer perception. The error was harmless, however, because substantial evidence independently supported the USPTO’s conclusion. In analyzing the mark, the USPTO concluded that because the “‘circle, or head of the stick figure’ comprised about a fifth of the mark” it was “‘not a minor or unnoticeable feature of the mark as a whole’ that could be dissected from the mark” and would cause consumers to perceive the mark as a stick figure, not the letter X.
(1 to 4 stars rate impact of opinion on patent & trademark law)
USPTO LAUNCHES PIER PILOT PROGRAM FOR NATIONAL STAGE PCT APPLICATIONS
Today USPTO published a Federal Register notice announcing the Patent Cooperation Treaty Informed Examination Request (PIER) Pilot Program to assess the inventory and pendency impacts of requiring applicants to affirmatively request examination in view of PCT international phase work products. The USPTO will select certain unexamined applications that entered the national phase under 35 U.S.C. § 371 and issue a requirement for information under 37 CFR § 1.105. Applicants must select one of three options: proceed with examination, delay examination for 12 months at no cost (note: will count against patent term adjustment under 35 U.S.C. 154(b)), or expressly abandon the application. Failure to respond will result in abandonment. Applications filed under 35 U.S.C. § 111(a) are not eligible.
Selection is at the USPTO’s sole discretion; applicants may not petition to participate in or be removed from the program. The program will for 12 months from publication, with possible extension. Questions may be directed to PIERPilot@uspto.gov.
REGISTER FOR IPO’S EUROPEAN PRACTICE CONFERENCE ON 28 MAY IN FRANKFURT
For the 13th year, IPO’s European Practice Committee is organizing a conference entitled “Watch Your Words – Claim Interpretations, Estoppel, Information Sharing, Chat Bots and Much More.” The 2026 event will take place on 28 May at Gesellschaftshaus Palmengarten in Frankfurt, Germany. Topics include AI tools for IP professionals; information sharing; update from recent EU IP files; claim construction; and doctrine of equivalents, waiver and estoppel. The conference includes presentations from in-house and outside counsel as well as experts from the courts. Visit the conference website for more information or to register.
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