Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 4/11/2019

 

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Michelle Leveque on April 11, 2019, 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.  Any amendments to the identification of goods and services may clarify or limit the goods and services, but may not add to or broaden the scope of the goods and services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

INTRODUCTION

 

The outstanding refusal and requirement are OBVIATED and SATISFIED, respectively.

 

IDENTIFICATION OF GOODS AMENDED

 

The identification of goods in Class 25 is amended to read as follows: “Baseball caps; Gym shorts; Sweat pants; Sweat shirts; T-shirts; all of the foregoing sold in connection with an educational institution.”  See TMEP §§1402.01, 1402.01(e).

 

MARK DESCRIPTION AMENDED

 

Additionally, the following description of the mark replaces the current description of record:

 

The mark consists of a pennant shape containing the capitalized letter “B” and the year “1925”.

 

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

 

WHAT HAPPENS NEXT

 

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. 

 

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, the USPTO generally registers the mark and issues a registration certificate within approximately twelve (12) weeks after the publication date.

 

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. 

 

ASSISTANCE

 

If the applicant has questions regarding this Examiner's Amendment, please contact the undersigned attorney at the below telephone number or e-mail address.

 

/Kevin G. Crennan/

Trademark Examining Attorney

Law Office 113

(571) 272-7949

kevin.crennan@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.gov.uspto.report/.  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.gov.uspto.report/trademarks/process/status/.

 

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