| To: | Ogilvie Brands, Inc. (dockets@riversidelaw.com) |
| Subject: | TRADEMARK APPLICATION NO. 88080534 - LOVE WELLNESS - 206303607922 |
| Sent: | 3/5/2019 2:02:33 PM |
| Sent As: | ECOMPET |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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U. S. APPLICATION SERIAL NUMBER: 88/080534
U. S. REGISTRATION NUMBER:
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*88080534* |
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CORRESPONDENCE ADDRESS:
RYAN D. ARTIS RIVERSIDE LAW LLP GLENHARDIE CORPORATE CENTER 1285 DRUMMERS LANE, SUITE 202 WAYNE, PA 19087 |
RETURN ADDRESS:
Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: LOVE WELLNESS
APPLICANT/REGISTRANT: Ogilvie Brands, Inc.
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ISSUE/MAILING DATE: March 05, 2019 |
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CORRESPONDENT’S REFERENCE/DOCKET NO: 206303607922
CORRESPONDENT’S EMAIL ADDRESS: dockets@riversidelaw.com
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PETITION TO DIRECTOR GRANTED
Ogilvie Brands, Inc. 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. 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 November 13, 2018 in International Classes 3, 5 and 35, based on use of the mark in commerce pursuant to Section 1(a). On January 11, 2019, petitioner filed this petition to the Director to change the basis from Section 1(a) to Section 1(b) for part of class 5. 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.
/Deborah D. Mays/
Paralegal Specialist
Office of the Deputy Commissioner
for Trademark Examination Policy
(571) 272 9575
For general and other useful information about trademarks, you are encouraged to visit the USPTO web site at http://www.gov.uspto.report/main/trademarks.htm.