The Trademark Law Treaty Implementation Act ("Act") was enacted on October 30, 1998 and will become effective on October 30, 1999. The purpose of the Act is to render United States Trademark Office practice more consistent with the practice of non-U.S. trademark offices. While the Act explicitly changes a number of procedural rules, especially with respect to post registration filings, the Trademark Office is currently proposing several changes to its entire practice and procedure policy in accordance with the Act. Significant changes in the Trademark Office's rules are expected in the coming year.

As regards post-registration practice, the Act requires that registrants file both a Section 8 use affidavit and a Section 9 renewal application every tenth year from the date of registration. The Trademark Office is currently creating a Combined Affidavit of Use in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 and 9 form, so that both statutory requirements can be met by a single filing. As with the current practice regarding renewal filings, registrants must file the Sections 8 and 9 affidavits within one year prior to the expiration date of the registration or within a six-month grace period subsequent thereto, together with a fee. In contrast to current practice, however, registrants will also be required to pay an additional fee if they wish to obtain a six-month period to correct any deficiency in the filings.

While the Act requires that a Section 8 affidavit be filed at the time of renewal, registrants will still be required to file a Declaration of Use between the fifth and sixth year anniversary of the date of registration. However, again in contrast to the current rule, registrants will, by payment of an additional fee be able to obtain a similar six-month grace and deficiency correction period. Under the current rule, there is no grace period or correction period for filing Declarations of Use.

The Trademark Office is also considering changes in the fees for filing Sections 8, 9 and 15 affidavits, as well as setting fees for the new grace and deficiency correction periods. For example, the Office has already proposed that the fee for filing a renewal be decreased from $300.00 to $200.00 per class, while the fees for filing Section 8 and Section 15 affidavits be increased from $100.00 to $200.00 per class. In addition to these changes, the Office is considering several other procedural rule changes, including the relaxation, in keeping with the rules of procedure in other jurisdictions, of several requirements. These include possibly lessening requirements for obtaining a filing date, specimen requirements, signatory authority, and revival of abandoned applications (so as to lessen the standard from "unavoidable delay" to "unintentional" abandonment). In simplifying and rendering prosecution more consistent with other jurisdictions in the international community, the United States Trademark Office will be significantly changing its overall practice.