How does the USPTO handle complaints about trademark misuse in patent applications?

The MPEP 608.01(v) outlines the process for handling complaints about trademark misuse in patent applications:

1. Technology Center Directors should reply to all complaint letters regarding the misuse of marks used in commerce and forward a copy of the complaint letter and reply to the Office of the Deputy Commissioner for Patents who oversees the Office of Petitions.
2. Where a letter demonstrates the misuse of a mark in a patent application publication, the Office should, where the application is still pending, ensure that the mark is replaced by appropriate generic terminology.

This process ensures that complaints are addressed at a high level within the USPTO and that appropriate action is taken to correct any misuse of trademarks in pending applications. It’s important for applicants to be aware of this process and to use trademarks properly in their applications to avoid such complaints and potential corrections.

To learn more:

• Trademark Misuse
• Patent Application
• USPTO Complaints
• MPEP Guidelines