Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 12/19/2016

INTERNATIONAL REGISTRATION NO. 1304302

 

This examiner’s amendment responds to applicant’s communication dated November 1, 2016.  Pursuant to TMEP §707.03, applicant is advised of the following status of the application.  Prior to issuance of this examiner’s amendment, the following issues were outstanding with this application:

·       Explanation of Marks Significance is Required

·       Mark Description Requirement

·       Indefinite Identification of Services

In light of the amendments detailed below, the examining attorney has determined the following:

·         Explanation of Marks Significance is SATISFIED

·         Mark Description Requirement is SATISFIED

·         Indefinite Identification of Services is SATISFIED.

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Tomoko Nakajima, Attorney of Record, on December 19, 2016, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of goods and services may clarify or limit the goods and services, but may not add to or broaden the scope of the goods and services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

MARK DESCRIPTION AMENDED

 

The following description of the mark is added to the record:

 

The mark consists of the stylized outline of the letters "MOLP," with the lines forming the outline containing striations. The letter "M" has a depiction of a solid in the shape of a three dimensional gem overlapping with the lower left side, the letter "O" is depicted as having liquid dripping from the lower left corner with one drop below the "O," and the letter "L" has a gas/vapor emanating from the interior corner of the right angle formed by the "L."

 

See 37 C.F.R. §2.37; TMEP §§808 et seq.

 

IDENTIFICATION OF GOODS AND SERVICES AMENDED

 

The identification of goods and services is amended to read as follows: 

 

Class 01 – “Industrial chemicals; catalysts, namely, biochemical catalysts, homogeneous catalyst for chemical and biochemical processes, heterogeneous catalyst for chemical and biochemical processes, biocatalyst for chemical and biochemical processes, complex catalyst for chemical and biochemical processes, photocatalyst for chemical and biochemical processes, catalysts for use in the manufacture of resins and industrial chemicals; unprocessed plastics in all forms.”

 

Class 35 – “Advice concerning chemical product marketing; arranging and conducting of commercial exhibitions for others.”

 

Class 42 – “Newproduct design for others; product design services featuring improvements to existing designs in the field of industrial and commercial chemicals; research and development of new products for others.”

 

See TMEP §§1402.01, 1402.01(e).

 

WHAT HAPPENS NEXT: After an examiner’s amendment issues, the trademark examining attorney will usually approve the mark for publication in the Trademark Official Gazette, a weekly online publication of the USPTO.  The USPTO will then send a “Notice of Publication” to the applicant specifying the date of publication. 

 

The purpose of publishing applicant’s mark in the Trademark Official Gazette is to provide an opportunity to third parties who believe they may be damaged by registration of applicant’s mark to oppose its registration within thirty (30) days from the publication date.  An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on such matters.  If an opposition proceeding is instituted to oppose registration of applicant’s mark, applicant will receive notice.  In such cases, due to the complexity of such matters, applicant may wish to hire an attorney.

 

If the mark is published based upon the actual use of the mark in commerce, or based on a foreign registration, and no party opposes its registration, the USPTO will normally register the mark and issue a registration certificate within approximately twelve (12) weeks after the date the mark was published.

  

For an overview of the time frames for when an applicant should file and the USPTO will issue documents related to a trademark application, see Trademark Application and Post-Registration Process Timelines.  Forms for Statements of Use and extension requests, and additional requirements for intent to use applications, are available online at Intent to Use (ITU) Forms. 

 

ASSISTANCE: If the applicant has questions regarding this Examiner's Amendment, please contact the undersigned attorney at the below telephone number or e-mail address.

 

 

 

/Emma Sirignano/

Examining Attorney, Law Office 113

United States Patent and Trademark Office

(571) 272-7031

emma.sirignano@uspto.gov

 

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

 

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 12/19/2016 FOR U.S. APPLICATION SERIAL NO.79189686

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.