To: | Johnson, Anne (annehannah.johnson@live.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87806753 - MAMANCY TEA CO. - N/A |
Sent: | 6/7/2018 5:04:06 PM |
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. 87806753
MARK: MAMANCY TEA CO.
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Johnson, Anne
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 6/7/2018
The referenced application has been reviewed by the assigned trademark examining attorney.
The trademark examining attorney has searched the Office’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
MARK DESCRIPTION AMENDED
The following description of the mark replaces the current description of record:
The mark consists of a shield design resembling a coat of arms with a double lined border. In the upper right and upper left corners of the shield there is a design made up of six tea drops with a diagonal line marking it off from the center of the shield. In the center of the shield is a stylized letter “M” forming a stylized impression of a tea pot. Below this design is the word “MAMANCY” in stylized letters and below that are the words “TEA CO.” in stylized letters.
See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.
DISCLAIMER REQUIRED
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use “TEA CO.” apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).
NO RESPONSE NECESSARY
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.
/John Schmidt/
Examining Attorney, Law Office 113
United States Patent and Trademark Office
(571) 272-7082
john.schmidt@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.