UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 10/23/2018

 

DATABASE SEARCH:  The trademark examining attorney has searched the USPTO’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:  In accordance with the authorization granted by Soloman Gabbay on October 19 & 23, 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. 

 

SUMMARY OF ISSUES:

 

• Drawing
• Mark Description

 

DRAWING

 

Applicant has amended the drawing to a black-and-white drawing.  TEMP §807.13(a).

 

MARK DESCRIPTION

 

The following description of the mark replaces the current description of record:

 

            The mark consists of the stylized, lowercase wording “FRÖK” with an umlaut over the letter “O”.

 

See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.

 

What Happens Next: After an examiner’s amendment issues, the trademark examining attorney will usually approve the mark for publication in the Trademark Official Gazette, a weekly online publication of the USPTO. The USPTO will then send a “Notice of Publication” to the applicant specifying the date of publication.

 

The purpose of publishing applicant’s mark in the Trademark Official Gazette is to provide an opportunity to third parties who believe they may be damaged by registration of applicant’s mark to oppose its registration 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 such matters.  If an opposition proceeding is instituted to oppose registration of applicant’s mark, applicant will receive notice.  In such cases, due to the complexity of such matters, applicant may wish to hire an attorney.

 

If the mark is published based upon the actual use of the mark in commerce, or based on a foreign registration, and no party opposes its registration, the USPTO will normally register the mark and issue a registration certificate within approximately twelve (12) weeks after the date the mark was published.

 

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.

 

/Brittany Lee-Richardson/

Trademark Examining Attorney

Law Office 116

(571) 272-9750

Brittany.Lee-Richardson@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.uspto.gov/.  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.uspto.gov/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the Trademark Electronic Application System (TEAS) form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.