To: | LETW, LLC (rickstocks@me.com) |
Subject: | U.S. Trademark Application Serial No. 88054519 - LIBERTY GOLD - N/A |
Sent: | September 16, 2019 02:30:12 PM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88054519
Mark: LIBERTY GOLD
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Correspondence Address: |
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Applicant: LETW, LLC
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Reference/Docket No. N/A
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: September 16, 2019
This Examiner’s amendment is in response to applicant’s communication filed on July 9, 2019.
In a previous Office action dated November 15, 2018, applicant was required to satisfy the following requirements: amend the identification of services and clarify the mark description.
At applicant’s request, the trademark examining attorney is amending the application as follows.
Application has been amended as shown below. As agreed to by Richard Stocks on September 15, 2019, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
AMENDED IDENTIFICATION OF SERVICES
The identification of services is amended to read as follows:
International Class 041: Entertainment and educational services in the nature of a continuing program about the meaning of the Statue of Liberty to perpetuate the universal vision of the monument named Liberty Enlightening the World and to promote public interest in and awareness of the meaning of liberty, including, but not limited to the creation and exhibition of limited works of art made from artifacts of the Statue of Liberty accessible by means of radio, television, satellite, audio, video, web-based applications, mobile phone applications, computer networks; Educational services , namely, conducting educational exhibitions in the nature of a continuing program about the meaning of Liberty to perpetuate the universal vision of the monument named Liberty Enlightening the World and to promote public interest in and awareness of the Statue of Liberty including, but not limited to the creation and exhibition of limited works of art made from artifacts of the Statue of Liberty
See TMEP §§1402.01, 1402.01(e).
AMENDED MARK DESCRIPTION
The following description of the mark replaces the current description of record:
The mark consists of the stylized words “LIBERTY GOLD”. Above this wording is a spiked crown design to the left, with an entwined crescent shape to the right of the crown design.
See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.
WITHDRAWAL OF VOLUNTARY DISCLAIMER
GUIDELINES
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.
If applicant has questions regarding this Examiner’s Amendment or the changes referenced above, please telephone or e-mail the assigned examining attorney.
/Peter Dang/
Trademark Examining Attorney
Law Office 121
(571) 270-1998
peter.dang@uspto.gov