Paper Correspondence Outgoing

United States Patent and Trademark Office (USPTO)

 

U.S. Application Serial No. 88085788   U.S. Registration No. 5744063   Mark:  TRAVEL
Correspondence Address:         SHIH CHING YUAN        PARK, KEYUAN NORTH R ROOM17, 701, BUILDI        NG        SHENZHEN,  518000 CHINA
Owner:  SHIH CHING YUAN
Reference/Docket No. N/A   Correspondence Email Address:         relxin@relxin.com

 

 

INADVERTENTLY ISSUED REGISTRATION

 

 

Issue date:  August 01, 2019

 

Due to a clerical error, the United States Patent and Trademark Office (USPTO) inadvertently issued Trademark Registration No. 5,744,063 on May 7, 2019 for the mark TRAVEL (and design) to Shih Ching Yuan.  The USPTO issued the registration after opposition No. 91247152 was sustained and registration was refused by the Trademark Trial and Appeal Board (TTAB) pursuant to Section 17 of the Trademark Act, 15 U.S.C. §1067 and 37 CFR §2.136. The USPTO apologizes for this error. 

 

Therefore, in accordance with the attached notice, Trademark Registration No. 5,744,063 is cancelled.  See Last Best Beef, LLC v. Dudas, 506 F.3d 333, 340-41, 84 USPQ2d 1699, 1704 (4th Cir. 2007); TBMP §216; see also 15 U.S.C. §1063; BlackLight Power, Inc. v. Rogan, 295 F.3d 1269, 1273-74, 63 USPQ2d 1534, 1537-38 (Fed. Cir. 2002); TMEP §1503.04.  The registration certificate is invalid and has no force or effect.  The USPTO will restore the application to pendency as Application Serial No. 88085788 and will forward the file record to the TTAB to abandon the application. 

 

 

 

 

/Karen Hilaski/

Paralegal Specialist

Office of the Deputy Commissioner

For Trademark Examination Policy

571-272-2873

 

cc:       William C. Wright

EPSTEIN DRANGEL LLP

60 EAST 42ND STREET, SUITE 2520

NEW YORK, NY 10165

UNITED STATES

mail@ipcounselors.com

Attorneys for Opposer

 

UNITED STATES

PATENT AND TRADEMARK OFFICE

 

_____________________________

 

Cancellation Notice

 

_____________________________

 

 

 

 

WHEREAS, Registration No. 5,744,063 was issued to Shih Ching Yuan on May 7, 2019 for the mark TRAVEL (and design); and

 

WHEREAS, due to a clerical error by the United States Patent and Trademark Office, Registration No. 5,744,063 was inadvertently issued after opposition of the application was sustained by the Trademark Trial and Appeal Board;

 

NOW, THEREFORE, Registration No. 5,744,063, having been issued inadvertently and not in accordance with Section 17 of the Trademark Act, 15 U.S.C. §1067, and 37 C.F.R. §2.136, is hereby cancelled.