UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

EXAMINER’S AMENDMENT

 

 

ISSUE/MAILING DATE: 10/7/2008

 

AMENDMENT:  In accordance with the authorization granted by Donna Bunton on October 7, 2008, the application has been AMENDED as indicated below.  Please advise the undersigned examining attorney immediately if there is an objection to the amendment.  Otherwise, no response is necessary.  TMEP §707.  Please note that all issues not discussed in this office action have been resolved.

 

If the identification of goods and/or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. §2.71(a) and TMEP §1402.07(e).

 

 

DISCLAIMER

 

The following disclaimer statement is added to the record:

 

            No claim is made to the exclusive right to use “TOON” apart from the mark as shown.

 

15 U.S.C. §1056; TMEP §§1213, 1213.03(a) and 1213.08(a)(i).

 

 

 

 

 

PUBLICATION FOR OPPOSITION

 

After all issues have been obviated, the examining attorney will approve the mark for publication in the Official Gazette, a weekly publication of the USPTO.

 

The USPTO will send a NOTICE OF PUBLICATION to the applicant stating the date of publication.  Any party who believes it may be damaged by registration of the mark has thirty (30) days from the publication date to file either an opposition to registration or a request to extend the time to oppose.  An opposition is similar to a proceeding in a federal court, but is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal.  See http://www.gov.uspto.report/web/offices/dcom/ttab/index.html.  If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process.  A Certificate of Registration will issue for applications based on use, or a Notice of Allowance will issue for intent-to-use applications.

 

 

CERTIFICATE OF REGISTRATION OR NOTICE OF ALLOWANCE

 

If the mark is published based upon the actual use of the mark in commerce under §1(a), or on a foreign registration under §44(e), and no party files an opposition or request to extend the time to oppose, the USPTO will normally register the mark and issue a registration certificate about twelve (12) weeks after the date the mark was published.

 

If the mark is published based upon the applicant's bona fide intention to use the mark in commerce under §1(b), the USPTO will issue a NOTICE OF ALLOWANCE about twelve (12) weeks after the date the mark was published, if no party files either an opposition or request to extend the time to oppose.  The applicant then has six (6) months from the date of the NOTICE OF ALLOWANCE to either:

 

·  use the mark in commerce and submit a STATEMENT OF USE; or

·  request a six-month EXTENSION OF TIME TO FILE A STATEMENT OF

    USE.

 

Both forms are available at http://www.gov.uspto.report/teas/eTEASforms.htm. 

 

See Additional Requirements for 'Intent to Use' Applications:

http://www.gov.uspto.report/web/offices/tac/doc/basic/addreq.htm.  If the STATEMENT OF USE is filed and approved, the USPTO will issue the registration certificate.

 

/Brian Pino/

Examining Attorney

Law Office 114

571.272.9209

571.273.9114 Law Office Facsimile

 

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov.  When conducting an online status check, print and maintain a copy of the complete TARR screen.  If the status of your application has not changed for more than six months, please contact the assigned examining attorney.

 

 

 

 

                                                                

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 10/7/2008 FOR

APPLICATION SERIAL NO. 76205620

 

Please follow the instructions below to continue the prosecution of your application:

  

VIEW OFFICE ACTION: Click on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=76205620&doc_type=EXA&mail_date=20081007 (or copy and paste this URL into the address field of your browser), or visit http://tmportal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.

 

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 10/7/2008.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

 

2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application.