To: | Nootie LLC (jberger@LLBL.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86846362 - NOOTIE - 1876.010 |
Sent: | 3/30/2016 2:31:37 PM |
Sent As: | ECOM121@USPTO.GOV |
Attachments: | Attachment - 1 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86846362
MARK: NOOTIE
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Nootie LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 3/30/2016
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 Jonathan Berger on March 30, 2015, 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 may clarify or limit the goods, but may not add to or broaden the scope of the goods. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.
TM SYMBOL REMOVED FROM DRAWING OF MARK AND DRAWING AMENDED TO BLACK AND WHITE
The applicant has submitted a drawing with the TM symbol removed from the drawing of the mark as shown in the attachment. This matter is not part of the mark and is not registrable. See TMEP §807.14(a). Additionally, applicant’s amended drawing is in black and white as there is no claim to color. See §807.07(b).
MARK DESCRIPTION AMENDED
The following description of the mark replaces the current description of record:
The mark consists of the word “NOOTIE” with the two “O’s” forming eye designs and the second “O” also forming the nose of a dog placed above the word “NOOTIE.” One of the dog’s eyes is closed.
See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.
GUIDELINES
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/trademarks/teas/intent_to_use.jsp. 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 trademark examining attorney will the USPTO issue a registration certificate.
/Tricia L. Brown/
Examining Attorney
Law Office 121
(571) 270-7892
tricia.brown@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.