UNITED STATES PATENT AND TRADEMARK OFFICE TRADEMARK PUBLIC ADVISORY COMMITTEE MEETING Alexandria, Virginia Friday, May 5, 2017 PARTICIPANTS: TPAC Members: DEE ANN WELDON-WILSON, Chair WILLIAM G. BARBER JODY HALLER DRAKE LISA A. DUNNER JONATHAN HUDIS TIMOTHY J. LOCKHART MEI-LAN STARK ILENE B. TANNEN BRIAN J. WINTERFELDT Union Members: HOWARD FRIEDMAN, NTEU 245 TAMARA KYLE, POPA USPTO: DAVID CHILES, Chief Technology Officer DANA COLARULLI, Director, Office of Governmental Affairs AMY COTTON, Senior Counsel, Office of Policy and International Affairs JOHN CYRUS, TMNG Portfolio Manager MARY BONEY DENISON, Commissioner for Trademarks PARTICIPANTS (CONT'D): ROB HARRIS, Program Manager FRANK MURPHY, Acting Chief Financial Officer GERARD ROGERS, Chief Administrative Trademark Judge * * * * * A G E N D A ITEM: PAGE Introduction and Welcome 5 Legislative Update 10 Policy and International Update 20 Trademark Operation Update 33 OCFO Update 60 TTAB Update 70 OCIO Update 96 Public Comments 114 * * * * * P R O C E D I N G S (9:01 a.m.) INTRODUCTION AND WELCOME CHAIRPERSON WELDON-WILSON: I want to respect everyone's time. I am so glad all of you are here. This is wonderful. We're looking forward to a great meeting today. I think we are all a little bit soggy from the weather, we probably look a little soggy from the weather, but that's okay. I'd like to welcome everybody, both on the Web and in the room, and of course, all of the people at the table as well, and do some quick introductions for our second meeting of 2017. I'm Dee Ann Weldon-Wilson, and I'm Chair of the Trademark Public Advisory Committee. Our Vice Chair is Bill Barber. He is here on his second term on TPAC. He's a founding member of the law firm of Pirkey Barber, and they specialize in trademark law, and he focuses primarily on litigation and policing. He is also a past President of AIPLA. Jody Drake is also in a second term, a partner at Sughrue Mion, and she is concentrating her practice on U.S. And international trademark law, does just about everything, I believe, counseling, clearance, and branding. She has served as Chair of the Trademark Relations Committee for AIPLA, has chaired INTA and the District of Columbia Bar Association trademark committees. Interestingly, for this purpose, she is a former USPTO trademark examining attorney and a former USPTO senior attorney. Lisa Dunner is founder and managing partner of the firm, Dunner Law, and she counsels her clients in trademark, copyright, and unfair competition law. She is the immediate past Chair of the ABA Section on Intellectual Property Law, and is very involved in several IP organizations as well. Jonathan Hudis is in his first term, as is Lisa. Jonathan is a partner at Quarles & Brady. He prosecutes and litigates matters before the courts and also does TTAB work, which is very relevant to his work here. He serves as a domain name panelist with WIPO, and is a dispute resolution panelist for the National Arbitration Forum. He has been very active in several organizations, including service on the Board of Directors for AIPLA, and he was Chair of ABA's IP Law Section, Continuing Legal Education Board. Timothy Lockhart is in his second non-consecutive term. He's a member of Wilcox Savage where he is a lead of the Intellectual Property Group. He's a Board member of the IP Section of the Virginia State Bar, and is a former Commander of the Navy Reserve Intelligence Area Fifteen, Mid-Atlantic, and a retired Captain, U.S. Naval Reserves. We want to get more stories of his service days from him. We'll work on that. Mei-lan Stark is in her first term. She's Senior Vice President and Chief Counsel of IP for NBC Universal. Prior to this, she was at Fox and Walt Disney, and Kilpatrick Townsend & Stockton. She served as President of INTA, and in addition to her INTA service, she works on many different things, including she serves on the Board of the Western Anti- Counterfeiting Coalition. I believe you play the cello. Is that correct? Evidently, quite well. Ilene Tannen is in her first term. It's your second meeting, I believe. She is Of Counsel at Jones Day. She was previously a partner at Jones Day and at Pennie & Edmonds. Her practice focuses on trademark, copyright, and unfair competition law. Amongst her other many accomplishments, she is a member of the TM5 Subcommittee of the INTA Trademark Office Practices Committee. Brian Winterfeldt. I think you are also here in your first term, second meeting. Brian is a partner and co- head of the Global Brand Management & Internet Practice at Mayer Brown. He does many things in trademark, counsels clients on branding, handles portfolios, but he also works on Internet issues, which includes ICANN's gTLD program, and he does, I believe, attend most if not all of the ICANN meetings, which means he is very well traveled. We are also pleased to have our Union reps here today, Howard Friedman, who is representing NTEU 245. Tamara Kyle, who is representing POPA. I don't believe Harold Ross was able to join us today. Thank you very much for coming. With that, I say let's start the substantive part of our meeting. Frank, will you be giving the -- we are starting with the legislative update. I'm sorry. Dana Colarulli is going to be giving us the legislative update. Obviously, fading eyesight must be a problem for me, Dana. MR. COLARULLI: I'm just happy to have the support of Frank Murphy here to cheer me on. CHAIRPERSON WELDON-WILSON: I was just thinking, I might have to switch things around today. Thank you. LEGISLATIVE UPDATE MR. COLARULLI: Absolutely. Good morning, everyone. Happy rainy Friday. I have a short update for you today. I'll go through some of the legislation that we have been watching that may be of interest to you, some of the activities as well that we're watching. It's budget season on Capitol Hill, for the last few weeks. We have been focused on budget issues and ensuring the Federal Government stays open, and it did. As of yesterday, the Senate passed and the President has on its desk a bill to continue to fund the Government through the rest of the year. We are looking to go up to the Hill and introduce and discuss our fiscal year 2018 budget. Frank is going to talk to you a little bit more about that later today. I'll give you a short update of what's happening on the Hill. We're continuing to see Congress discuss a lot of issues, IP issues tend right now to be taking a little bit of a backseat. We have seen some copyright activity. I'll talk about that.