| To: | UHS of Delaware, Inc. (tbergert@williamsmullen.com) |
| Subject: | TRADEMARK APPLICATION NO. 88001229 - ER AT BLUE DIAMOND AN EXTENSION OF SPRIN ETC. - 053160.1071 |
| Sent: | 1/10/2020 4:17:40 PM |
| Sent As: | ECOMPET |
| Attachments: |
United States Patent and Trademark Office (USPTO)
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U.S. Application Serial No. 88001229
U.S. Registration No.
Mark: ER AT BLUE DIAMOND AN EXTENSION OF SPRIN ETC.
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Correspondence Address: Thomas F. Bergert WILLIAMS MULLEN 321 East Main Street, Suite 400 Charlottesville VA 22902-3200
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Owner: UHS of Delaware, Inc.
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Reference/Docket No. 053160.1071
Correspondence Email Address: tbergert@williamsmullen.com |
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PETITION TO DIRECTOR DENIED
Issue date: January 10, 2020
This acknowledges receipt on December 3, 2019, of a petition to the Director to consider an amendment filed after issuance of the notice of allowance and before the filing of the statement of use. 37 C.F.R. §§2.77(b) and 2.146(a)(3).
Petitioner requests to add a disclaimer for the wording "BLUE DIAMOND".
Pursuant to Trademark Rule 2.77(b), the Director has determined that the amendment cannot be entered and requires review by the examining attorney. 37 C.F.R. §2.77(b).
DECISION: The petition is denied.
In order for the applicant to preserve its right to review by the examining attorney, applicant may resubmit the amendment with the statement of use. 37 C.F.R. §§2.84 and 2.146. However, it is likely that the examining attorney will deny the disclaimer of "BLUE DIAMOND" because, if entered, the entire mark would be disclaimed, leaving it unregistrable. An entire mark may not be disclaimed. See Trademark Manual of Examining Procedure §1213.06.
Please note that the denial of this petition does not stay the statutory period for filing the statement of use. Petitioner should continue to file any extension requests and/or a statement of use as they become due. 15 U.S.C. §1051(d)(1); 37 C.F.R. §2.89(g).
/Karen Hilaski/
Paralegal Specialist
Office of the Deputy Commissioner
For Trademark Examination Policy
(571) 272-2873