To: | XPRO Consultants, LLC (willie27@xprotc.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85050477 - XPRO - N/A |
Sent: | 9/10/2010 4:47:47 PM |
Sent As: | ECOM115@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85050477
MARK: XPRO
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: XPRO Consultants, LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 9/10/2010
DATABASE SEARCH: The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
The trademark examining attorney is amending the application as follows. No prior approval or authorization from applicant or applicant’s attorney is required. TMEP §707.02.
Mark Description
The originally submitted mark description is shortened for brevity’s sake to the following:
The mark consists of the stylized wording “XPRO” where “X” is formed by a swooping arc and "RO" slants upward and towards the right.
See 37 C.F.R. §2.37; TMEP §§808 et seq.
Additional Information about the Application Process
The purpose of publishing applicant’s mark in the 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.
If the mark is published based upon the applicant’s bona fide intention to use the mark in commerce, the USPTO will issue a “Notice of Allowance” within approximately twelve (12) weeks after the date the mark was published, if no party files an opposition. Applicant then has six (6) months from the date of the Notice of Allowance to timely file a “Statement of Use” or to file a request for a six-month “Extension of Time to file a Statement of Use.” Extension requests are granted for six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance. If not filed within the six months after the Notice of Allowance issued, a Statement of Use must be filed within the time period of a previously granted extension of time.
Forms for extension requests and Statements of Use are available online at http://www.gov.uspto.report/teas/index.html. For more information about the additional requirements for intent to use applications, visit the USPTO website. Only after a Statement of Use is approved by the examining attorney will the USPTO issue a registration certificate.
/RJPovarchuk/
Rebecca J. Povarchuk
Trademark Examining Attorney
Law Office 115
Tel: (571) 270-1529
Fax: (571) 270-2529
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 Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, 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 TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.