To: | Chanoma Inc. (efs@ipinvestlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87553467 - CHOMP - 53-T002 |
Sent: | 3/30/2018 5:56:24 PM |
Sent As: | ECOM112@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87553467
MARK: CHOMP
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Chanoma Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 3/30/2018
APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by Kinyoshi Tokuyama on March 29, 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. 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.
IDENTIFICATION OF GOODS AND SERVICES:
The identification of goods and services is amended to read as follows:
International Class 009: “Downloadable computer software in the field of social networking for collecting, namely, displaying and capturing digital images consisting of photographs and videos; Downloadable computer software in the field of social networking for editing in the nature of editing user profiles and posting comments to the digital images captured and displayed; Downloadable computer software in the field of social networking for organizing in the nature of organizing digital images consisting of photographs and videos; Downloadable computer software in the field of social networking for modifying data and information for social networking purposes; Downloadable computer software in the field of a social networking for book marking in the nature of tagging and linking to user profiles, images and data; Downloadable computer software in the field of social networking for transmitting data and images via the internet, communication networks, mobile phones, and mobile devices within the user’s social network from a user to another user; Downloadable computer software in the field of social networking for storing and sharing in the nature of displaying, distributing, providing, and viewing of data and information in the nature of photos, videos, images, text, electronic media, photographic and video content, digital data, and data content; none of the foregoing utilized within the food ordering and delivering services industry”
International Class 035: “Online advertising within the field of social networking via a computer communications network; none of the foregoing utilized within the food ordering and delivering services industry”
International Class 038: “Computer aided transmission of information and images”
International Class 042: “Software as a service (SAAS) services in the field of social networking featuring software for user to publish and share own content and image in the nature of digital content; none of the foregoing utilized within the food ordering and delivering services industry”
See TMEP §§1402.01, 1402.01(e).
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.
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.
/Keisha M. Hardley/
Examining Attorney
Law Office 112
571-272-6945
Keisha.Hardley@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.