To: | Chen, Billy (billy@tatsoul.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85581693 - FORTE - N/A |
Sent: | 10/1/2013 5:13:44 PM |
Sent As: | ECOM115@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 85581693
MARK: FORTE
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Chen, Billy
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 10/1/2013
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 Billy Chen, Michael Chen and Wen Wei on October 1, 2013, 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.
Amended Identification of Goods
The examining attorney has amended the identification of goods to the following:
“Metal cabinets; Metal storage cabinets; Metal tool cabinets; Workstations having multi-use work surfaces, all of the foregoing specially adapted for use in the tattoo industry,” in International Class 20.
What Happens Next
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.
Trademark registrations must be renewed to remain active; that is, the registration owner must file the proper registration maintenance documents and fees within specific time periods. See 15 U.S.C. §§1058, 1059; 37 C.F.R. §§2.160, 2.161, 2.183; TMEP ch. 1600. If these maintenance documents are not timely and properly filed by the owner, the trademark registration will be cancelled and/or expired, and the owner will have to file a new trademark application and begin the process again of seeking a registration. Notice of these registration maintenance requirements is provided on the certificate of registration, which is the only notice provided by the USPTO. 37 C.F.R. §2.162; TMEP §1604.02.
Between the fifth and sixth year after registration, the registration owner must file a Trademark Act Section 8 affidavit of use that includes fees and a specimen, among other things. However, there is a 6-month grace period after the sixth year in which the Section 8 affidavit can be filed for an additional fee. 15 U.S.C. §1058; 37 C.F.R. §§2.160, 2.161.
Between the ninth and tenth year after registration, and at the end of each successive 10-year period after the date of registration (between the 19th and 20th year, the 29th and 30th year, etc.), the owner must file both a Section 8 affidavit and a renewal application under Section 9. There is also a 6-month grace period to file these documents, for an additional fee. 15 U.S.C. §§1058, 1059; 37 C.F.R. §§2.160, 2.161, 2.183.
The deadline for filing proper registration maintenance documents cannot be waived on petition. See, e.g., In re Holland Am. Wafer Co., 737 F.2d 1015, 1018, 222 USPQ 273, 275 (Fed. Cir. 1984); In re Mother Tucker's Food Experience (Can.) Inc., 925 F.2d 1402, 1406, 17 USPQ2d 1795, 1798 (Fed. Cir. 1991).
For more information about maintaining a registration, consult the USPTO website at http://www.gov.uspto.report/trademarks/process/maintain/prfaq.jsp. Forms for filing maintenance documents are available at http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp.
Assistance
If applicant has any questions or needs assistance, please telephone or email the undersigned examining attorney.
/Allison P. Schrody/
Examining Attorney
Law Office 115
allison.schrody@uspto.gov
(571) 272-5893
(571) 273-9115 (fax)
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.