To: | Startup LLC (jburke@caseiroburke.com) |
Subject: | U.S. Trademark Application Serial No. 88407533 - SUNOX - SC-002TM |
Sent: | September 20, 2019 02:45:14 PM |
Sent As: | ecom113@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88407533
Mark: SUNOX
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Correspondence Address: |
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Applicant: Startup LLC
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Reference/Docket No. SC-002TM
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: September 20, 2019
STATUS OF APPLICATION
Pursuant to TMEP §707.03, applicant is advised of the following status of the application. In an Office action issued on July 16, 2019, the following issues were outstanding with this application:
(1) Identification of Goods Requirement
On September 18, 2019, applicant’s attorney communicated with the examining attorney via e-mail and agreed to the amended identification below. The requirement is now satisfied.
TMEP §§713.02, 714.04.
Application has been amended as shown below. As agreed to by John M. Burke on September 18, 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).
The identification of goods is amended to read as follows:
· International Class 9: Pre-fabricated, integrally wired, modular electrical power distribution and control system comprised of power distribution panels, sensors, wired and wireless controllers and solar batteries used for providing power to farm equipment, residential homes, office buildings, sport utility vehicles, automobiles, trucks, vans, amphibious vehicles, motorcycles, all-terrain vehicles (ATVs), boats, golf carts and bicycles
See TMEP §§1402.01, 1402.01(e).
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. 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.
/Marynelle W. Wilson/
Marynelle W. Wilson
Examining Attorney
Law Office 113
Phone: 571-272-7978
Email: marynelle.wilson@uspto.gov