Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 5/20/2019

 

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Aaron Taylor on May 20, 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 may clarify or limit the goods, but may not add to or broaden the scope of the goods.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

AMENDMENT TO SUPPLEMENTAL REGISTER

 

The application is amended to the Supplemental Register.  See 15 U.S.C. §1091; 37 C.F.R. §§2.47, 2.75; TMEP §§815.02, 816.01.

 

ADDITION OF DISCLAIMER

 

The following disclaimer statement is added to the record:

 

            No claim is made to the exclusive right to use “SOUND” apart from the mark as shown.

 

See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).

 

WHAT HAPPENS NEXT

 

The registration process starts once the trademark examining attorney issues an examiner’s amendment, and the mark is approved for registration on the Supplemental Register.  When the mark is approved, the USPTO’s database will show the mark has been “Allowed for Supplemental Registration.”  The Supplemental Register is an alternative register to the Principal Register, which is intended for designations that are not yet trademarks but are capable of someday becoming a trademark and registering on the Principal Register.  Marks approved for registration on the Supplemental Register are registered on the date they publish in the USPTO’s Trademark Official Gazette, a weekly online publication.  The USPTO publishes applicant’s mark and thus registers it within approximately two months from the date the trademark examining attorney approved the mark for registration; the certificate is normally mailed on the publication date. 

 

REGISTRATION MAINTENANCE INFORMATION

 

Trademark registrations must be renewed to remain active; that is, the registration owner must file the proper registration maintenance documents and fees within specific time periods.  See 15 U.S.C. §§1058, 1059; 37 C.F.R. §§2.160, 2.161, 2.183; TMEP ch. 1600.  If these maintenance documents are not timely and properly filed by the owner, the trademark registration will be cancelled and/or expired, and the owner will have to file a new trademark application and begin the process again of seeking a registration.  Notice of these registration maintenance requirements is provided on the certificate of registration, which is the only notice provided by the USPTO.  37 C.F.R. §2.162; TMEP §1604.02. 

 

Between the fifth and sixth year after registration, the registration owner must file a Trademark Act Section 8 affidavit of use that includes fees and a specimen, among other things.  However, there is a 6-month grace period after the sixth year in which the Section 8 affidavit can be filed for an additional fee.  15 U.S.C. §1058; 37 C.F.R. §§2.160, 2.161.

 

Between the ninth and tenth year after registration, and at the end of each successive 10-year period after the date of registration (between the 19th and 20th year, the 29th and 30th year, etc.), the owner must file both a Section 8 affidavit and a renewal application under Section 9.  There is also a 6-month grace period to file these documents, for an additional fee.  15 U.S.C. §§1058, 1059; 37 C.F.R. §§2.160, 2.161, 2.183.

 

The deadline for filing proper registration maintenance documents cannot be waived on petition.  See, e.g., In re Holland Am. Wafer Co., 737 F.2d 1015, 1018, 222 USPQ 273, 275 (Fed. Cir. 1984); In re Mother Tucker's Food Experience (Can.) Inc., 925 F.2d 1402, 1406, 17 USPQ2d 1795, 1798 (Fed. Cir. 1991).

 

For more information about maintaining a registration, consult the USPTO website at http://www.gov.uspto.report/trademarks/process/maintain/prfaq.jsp.  Forms for filing maintenance documents are available at http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp.

 

 

/Diana Zarick/

Diana Zarick

Trademark Examining Attorney

Law Office 126

(571) 270-5013

diana.zarick@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.

 

 

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 5/20/2019 FOR U.S. APPLICATION SERIAL NO.88156279

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.