To: | Take-Two Interactive Software, Inc. (Trademarks@kelleydrye.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86779213 - HANGAR 13 TRADE MARK HAMILTON AFB - N/A |
Sent: | 7/4/2016 11:04:46 AM |
Sent As: | ECOM113@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86779213
MARK: HANGAR 13 TRADE MARK HAMILTON AFB
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Take-Two Interactive Software, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 7/4/2016
This Examiner’s Amendment follows applicant’s response filed on May 23, 2016.
In a previous Office Action dated December 19, 2015, the trademark examining attorney required the applicant to satisfy the following issues:
1. Disclaimer Requirement
2. Request for Information Requirement
Applicant responded by providing the disclaimer statement and additional information about the goods. Based on applicant’s response, the above requirements were SATISFIED.
APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by Erika Stallings on June 29, 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.
Disclaimer Statement
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use “TRADEMARK” and “HAMILTON AFB NOVATO CA US” apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).
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.
If the mark is published based upon the applicant’s bona fide intention to use the mark in commerce, and no party opposes its registration, the USPTO will issue a “Notice of Allowance” within approximately eight (8) weeks after the date the mark was published. 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 request). Extension requests are granted in six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance. If a Statement of Use is 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 request. The USPTO will only issue a registration certificate after the trademark examining attorney approves a Statement of Use.
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 any questions or needs further assistance, please telephone the assigned examining attorney.
/Brin Anderson Desai/
Brin Anderson Desai
Trademark Examining Attorney
Law Office 113
571-272-6399
Brin.Desai@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.