UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

 

ISSUE/MAILING DATE: 9/13/2011

 

 

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).

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Garret Donley on September 13, 2011, 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/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

IDENTIFICATION OF GOODS AMENDED

 

The identification of goods is amended to read as follows: 

 

Class 7

After market parts and accessories for land vehicles, namely, engine parts, namely, air filters, oil filters, spark plugs, head gaskets, intake and exhaust valves, pistons, spark plug wires, crankshafts, piston rings, cams, carburetors, fuel pumps, fuel filters and timing belts

 

Class 9

After market parts and accessories for vehicles, namely, radios for land vehicles, MP3 players for land vehicles, Global positioning systems (GPS) for land vehicles, and electronic speed controllers

 

Class 12

After market parts and accessories for land vehicles, namely, wheels, tires, brake pads, brake shoes, steering wheels, cabs, enclosures, namely, soft fabric tops with metal frames for vehicles, axles, differentials and suspension components, namely, shock absorbers, springs and lift kits primarily consisting of leaf springs, shackle mounts, axles and spindles, all for increasing vehicle ground clearance, brush guards, step bars for facilitating vehicle access, and light kits primarily consisting of headlights, taillights, auxiliary decorative lighting and wire harnesses, and motors; all for gasoline and electric-powered on-road and off-road land vehicles, light-transportation vehicles and low-speed vehicles used as personal residential and neighborhood vehicles, plant personnel carriers, general utility and maintenance cars, motel and resort cars, baggage carriers, golf cars, turf maintenance vehicles, trailers; Structural parts for gasoline and electric-powered automobiles 

 

See TMEP §§1402.01, 1402.01(e).

 

All outstanding issues have been resolved.

 

WHAT HAPPENS NEXT AFTER EXAMINER’S AMENDMENT - PUBLICATION

 

After issuance of an examiner’s amendment, the trademark examining attorney will usually approve the mark for publication in the Official Gazette, a weekly 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 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 eight (8) 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.

 

 

/Edward Fennessy/

Trademark Examining Attorney

Law Office 114

1.571.272.8804

Edward.Fennessy@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 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.

 

 

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO LETTER (AN OFFICE ACTION) HAS ISSUED ON 9/13/2011 FOR

SERIAL NO. 85246634

 

Please follow the instructions below:

 

TO READ OFFICE LETTER: Click on this link or go to http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office letter

 

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

 

HELP: For technical assistance in accessing the Office correspondence, please e-mail TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office letter.