To: | Holland Harbor Lighthouse Historical Com ETC. (scott@marchlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88368388 - BIG RED - N/A |
Sent: | September 12, 2019 07:17:49 AM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88368388
Mark: BIG RED
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Correspondence Address: |
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Applicant: Holland Harbor Lighthouse Historical Com ETC.
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Reference/Docket No. N/A
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: September 12, 2019
This Examiner’s Amendment is in response to applicant’s communication filed on August 25, 2019.
In a previous Office action(s) dated June 19, 2019, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Section 2(b) the inclusion of the flag of the United States in the mark. In addition, applicant was required to satisfy the following requirement(s): amend the color claim and mark description.
The following refusal(s) have also been obviated: drawing of mark amended in response to Section 2(b) refusal. See TMEP §§713.02, 714.04.
After issuance of the Examiner’s Amendment below, the following requirement(s) will be satisfied: amend the color claim and mark description.
Application has been amended as shown below. As agreed to by Scott March on September 8, 2019, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
MARK DESCRIPTION AMENDED
The following description of the mark replaces the current description of record:
The mark consists of a red and gray lighthouse with a gray roof. The lighthouse sits on green grass. The words "BIG RED" appear below the grass.
See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.
GUIDANCE
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. When this occurs, an applicant may wish to hire an attorney due to the complexity of these proceedings.
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 or on a foreign registration, the USPTO generally registers the mark and issues a registration certificate within approximately twelve (12) weeks after the publication date.
If no one opposes registration of the mark, and the mark was published based upon an applicant’s bona fide intention to use the mark in commerce, the USPTO generally issues a “Notice of Allowance” within approximately eight (8) weeks after the publication date. Applicant then has six (6) months from the date of the Notice of Allowance to timely file a “Statement of Use” or to file a request for a six-month “Extension of Time to file a Statement of Use” (extension request). Extension requests are granted in six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance. If a Statement of Use is not filed within the six months after the Notice of Allowance issued, a Statement of Use must be filed within the time period of a previously granted extension request. The USPTO will only issue a registration certificate after the trademark examining attorney approves a Statement of Use.
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. Forms for Statements of Use and extension requests, and additional requirements for intent to use applications, are available online at Intent to Use (ITU) Forms.
/Tricia L. Brown/
Examining Attorney
Law Office 121
(571) 270-7892
tricia.brown@uspto.gov