To: | TEXAS INSTRUMENTS INCORPORATED (trademarkcounsel@list.ti.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87538416 - M1895US |
Sent: | 4/26/2018 10:17:55 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. 87538416
|
|
CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
|
APPLICANT: TEXAS INSTRUMENTS INCORPORATED
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 4/26/2018
APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by Stephen Levine on April 13, 2018, 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.
AMENDED DESCRIPTION OF THE MARK
The following description of the mark replaces the current description of record:
The mark consists of a three dimensional product design trade dress mark, having an upper keypad design, hereafter referred to as the 5-33DC-5 Configuration, consisting of the following: (1) a first row of keys, consisting of five keys, beneath the display for each respective device design; (2) beneath the aforesaid first row of keys, and starting from the left of the design, a second row of keys, consisting of three keys; (3) beneath the aforesaid second row of keys, and starting from the left of the design, a third row of keys, consisting of three keys; (4) beneath the aforesaid first row of keys, and starting from the right of the design, a grouping of four direction control keys in a separate shape and/or orientation unaligned relative to, and positioned to the right of, said second and third rows of keys (the grouping further providing respective directionality functions); and (5) beneath the aforesaid first through third rows, seven rows of keys, each having a set of five keys. The matter shown in dotted lines is not part of the mark and serves only to show the placement of the design.
See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.
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.
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.
ASSISTANCE
If the applicant has questions regarding this Examiner's Amendment, please contact the undersigned attorney at the below telephone number or e-mail address.
/Collier L. Johnson II/
Examining Attorney
Law Office 123
571-270-0878
collier.johnson@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.