Sec. 7. Report on decluttering initiatives
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The Comptroller General of the United States shall consult with the Director to conduct a study on the efforts of the Director to address inaccurate and false claims of use in trademark applications and registrations. Inaccurate and false claims of use include any declaration of use by a trademark applicant or registrant that cannot be supported by use in commerce, as defined in section 45 of the Trademark Act of 1946 ( 15 U.S.C. 1127 ), or the regulations relevant to the definition of specimens under section 1 of the Trademark Act of 1946 ( 15 U.S.C. 1051 ), as applicable.
The study shall cover the period from 18 months after the date of enactment of this Act to 30 months after the date of enactment of this Act. In conducting the study under subsection (a), the Comptroller General shall assess the following: With respect to sections 16A and 16B of the Trademark Act of 1946, as added by section 5— the number of petitions filed under each such section that relate to proceedings that were not instituted, or were instituted and have reached their conclusion; the number of completed proceedings instituted under each such section, including any proceedings instituted by the Director’s own initiative; the average time taken to resolve proceedings instituted under each such section, including the average time between— the filing of a petition under each such section and an examiner’s final decision under section 16A(g) and 16B(g), or the last decision issued by the examiner if the registrant failed to respond to the latest-in-time decision by the examiner; and the institution of a proceeding under each such section, including any proceedings instituted by the Director’s own initiative, and an examiner’s final decision under section 16A(g) and 16B(g), or the last decision issued by the examiner if the registrant fails to respond to the latest-in-time decision by the examiner; the number of appeals of decisions of examiners for each such proceeding; and an accounting of the final outcome of each such proceeding instituted by identifying the number of goods or services for which such proceedings were instituted, and the number of goods or services for which registrations were cancelled pursuant to such proceedings.
With respect to section 1(f) of the Trademark Act of 1946, as added by section 3— the number of third-party submissions filed under such section for which the third-party asserts in the submission that the mark has not been used in commerce; of those applications identified in subparagraph
(A)above, the number of applications in which the third-party submission evidence is included in the application; and of those applications identified in subparagraph
(B)above, the number of applications— refused registration based on an assertion by the examiner that the mark has not been used in commerce; and for which the examiner requested additional information from the applicant related to claims of use. The benefit of— the proceedings under sections 16A and 16B of the Trademark Act of 1946, as added by section 5, in addressing inaccurate and false claims use claims in trademark registrations; and any additional programs conducted by the Director designed to address inaccurate and false claims use claims in trademark applications and registrations, including the post-registration use audit, as implemented at the date of enactment of this Act under sections 2.161(h) and 7.37(h) of title 37, Code of Federal Regulations. Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report— on the results of the study conducted under this section; and that includes any recommendations for any changes to laws and regulations that will improve the integrity of the trademark register to reduce inaccurate and false claims of use based on the results of such study.
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