| To: | UNIVERSAL ENTERTAINMENT CORPORATION (lex1233@lexipgroup.com) |
| Subject: | TRADEMARK APPLICATION NO. 88073004 - SLOTS STREET 7 - STP20180069 |
| Sent: | 8/2/2019 11:32:50 AM |
| Sent As: | ECOMPET |
| Attachments: |
United States Patent and Trademark Office (USPTO)
|
U.S. Application Serial No. 88073004
U.S. Registration No.
Mark: SLOTS STREET 7
|
|
|
Correspondence Address: HUNJOON KIM LEX IP MEISTER PLLC 5180 PARKSTONE DR., STE 175 5180 PARKSTONE DR. CHANTILLY, VA 20151 |
|
|
Owner: UNIVERSAL ENTERTAINMENT CORPORATION
|
|
|
Reference/Docket No. STP20180069
Correspondence Email Address: lex1233@lexipgroup.com |
|
PETITION TO DIRECTOR GRANTED
Issue date: August 2, 2019
Universal Entertainment Corporation has petitioned the Director to consider an amendment of the filing basis from Trademark Act Section 1(a), use in commerce, to Section 1(b), intent to use, for the above identified application, for Class 9. 15 U.S.C. §§1051(a) and (b). The Director has authority to review the petition. 37 C.F.R. §§2.35 and 2.146. The petition is granted.
FACTS
This application published for opposition in the Official Gazette on January 15, 2019 in International Classes 9, 28 and 41, based on use of the mark in commerce pursuant to Section 1(a) and based on intent to use pursuant to Section 1(b). On May 14, 2019, petitioner filed this petition to the Director to change the basis from Section 1(a) to Section 1(b), for Class 9. Petitioner has provided the necessary declarations to support the amendment of the basis.
ANALYSIS
An applicant may request post-publication amendments adding or substituting a new statutory basis for registration by filing a petition pursuant to Trademark Rule §2.146(a)(3) and §2.35(b)(2). 37 C.F.R. §2.146(a)(3) and §2.35(b)(2). If the petition is granted, the application is returned to the examining attorney for examination of the new basis for registration. TMEP §1107. If the new basis is accepted, republication for opposition is always required. 37 C.F.R. §2.35(b)(2); see In re Monte Dei Maschi Di Siena, 34 USPQ2d 1415 (Comm’r Pats. 1995).
Pursuant to Trademark Rule 2.146(a)(3), the Director may invoke supervisory authority in appropriate circumstances. The circumstances presented here are appropriate for invoking such authority.
DECISION
The petition is granted. Jurisdiction is restored to the examining attorney for consideration of the amendment to the basis. If the amendment is accepted, republication is required.
/Lisa Wallace/
Paralegal Specialist
Office of the Deputy Commissioner
for Trademark Examination Policy
lisa.wallace@uspto.gov
(571) 272-9582