To: | INTERNATIONAL PATENT DEVELOPMENT GROUP, ETC. (gbrown@wallclaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87201984 - WALLCLAW - N/A |
Sent: | 8/24/2017 9:52:48 AM |
Sent As: | ECOM123@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87201984
MARK: WALLCLAW
|
|
CORRESPONDENT ADDRESS: INTERNATIONAL PATENT DEVELOPMENT GROUP, |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
|
APPLICANT: INTERNATIONAL PATENT DEVELOPMENT GROUP, ETC.
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 8/24/2017
Previous Action
In a previous Office action dated January 24, 2017, the trademark examining attorney refused registration of the applied-for mark based on the following: specimen refusal - failure to show the applied-for mark in use in commerce with the specified goods in Class 6.
Applicant failed to provide a response. Therefore, 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.
PARTIAL ABANDONMENT – APPLICATION HAS BEEN AMENDED
The above-referenced application is partially abandoned because applicant failed to file a response to the Office action dated January 24, 2017. See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a). To avoid partial abandonment, a response was due within six months from the date on which the USPTO sent the previous Office action; however, no response was received within this time period. See TMEP §711.
The outstanding Office action included refusal(s) and/or requirement(s) that applied to only a portion of the application; therefore, only that portion of the application is abandoned. See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)(1); TMEP §718.02(a).
The portion of the identification that was the subject of the refusal and/or requirement will be deleted from the application, Class 6. The application will proceed with the following identification: Class 20 – Non-metal fastening anchors.
If applicant’s failure to respond was unintentional, applicant may file a petition to the Director to revive the portion of the application that abandoned. 37 C.F.R. §2.66(a); TMEP §§718.02(a), 1714.01(d). The petition must be filed within two months of the date of issuance of this letter and may be filed online via the Trademark Electronic Application System (TEAS) with a $100 fee. See 37 C.F.R. §§2.6(a)(15)(ii), 2.66(a)(1); TMEP §§718.02(a), 1714.01(a), (d). Once the petition is filed, please notify the Petitions Office at 571-272-8950 that a request to revive a partially-abandoned application was filed, indicating the application serial number.
What Happens Next
After the trademark examining attorney issues the examiner’s amendment, applicant will not receive a registration on the Principal Register for the applied-for mark until the mark makes it through the publication process and opposition period. The publication process starts once the trademark examining attorney issues the examiner’s amendment and the mark is approved for publication in the USPTO’s Trademark Official Gazette, a weekly online publication. The USPTO will then send a “Notice of Publication” to the applicant specifying the date its mark will publish in this publication.
The USPTO publishes applicant’s mark in the Trademark Official Gazette to provide third parties who believe they may be damaged by registration of applicant’s mark an opportunity to oppose registration of that mark 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 these matters. If a third party opposes registration of applicant’s mark by instituting an opposition proceeding, the USPTO will send applicant notice of this opposition. When this occurs, an applicant may wish to hire an attorney due to the complexity of these proceedings.
If no one opposes registration of the mark, and the mark was published based upon an applicant’s actual use of the mark in commerce or on a foreign registration, the USPTO generally registers the mark and issues a registration certificate within approximately twelve (12) weeks after the publication date.
If no one opposes registration of the mark, and the mark was published based upon an applicant’s bona fide intention to use the mark in commerce, the USPTO generally issues a “Notice of Allowance” within approximately eight (8) weeks after the publication date. 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.
/Julie Vo/
Trademark Examining Attorney
Law Office 123
(571) 272-4880
julie.vo@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.