| To: | BESTOP BAJA LLC (Lowe@LoweGrahamJones.com) |
| Subject: | TRADEMARK APPLICATION NO. 88411090 - S1 - BAJA-2-0023 |
| Sent: | 3/12/2020 4:58:36 PM |
| Sent As: | ECOMPET |
| Attachments: |
United States Patent and Trademark Office (USPTO)
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U.S. Application Serial No. 88411090
Mark: S1
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Correspondence Address: David A Lowe Lowe Graham Jones Suite 4800 701 Fifth Avenue Seattle WA 98104 |
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Applicant: BESTOP BAJA LLC
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Reference/Docket No. BAJA-2-0023
Correspondence Email Address: Lowe@LoweGrahamJones.com |
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POST PUBLICATION AMENDMENT DECISION
Issue date: March 12, 2020
The assigned paralegal has reviewed the requested post publication amendment filed on February 6, 2020 and determined the following.
The proposed amendment is not acceptable because it designates goods that are broader in scope than the identification that was set forth in the application at publication. See 37 C.F.R. §2.71(a); Trademark Manual of Examining Procedure (TMEP) §§1402.06, 1402.06(a), and 1402.07. While an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §§1402.06 and 1402.07. Therefore, the application will be returned to processing without entry of the requested amendment.
If it is not too late to withdraw the mark from the scheduled issuance of a notice of allowance or registration, applicant may file a new post-publication amendment that does not broaden the identification of goods/services set forth at publication. In the alternative, applicant may file a petition to the Director requesting that jurisdiction be restored to the examining attorney to consider the merits of the amendment. 37 C.F.R. §§2.84 and 2.146. The requirements for filing a petition include the petition fee and a verified statement of the facts signed by the individual petitioner, someone with legal authority to bind a juristic petitioner (e.g., a corporate officer or general partner of a partnership), or a practitioner authorized to practice before the USPTO pursuant to 37 C.F.R. §11.14. In the case of joint petitioners who are not represented by a qualified practitioner, all must sign. 37 C.F.R. §§2.146(c) and 2.193(e)(5)(ii); TMEP §1705.07.
However, it is likely that the examining attorney will deny the amendment even if the petition is granted and jurisdiction is restored. In addition, please note that if the petition is received after it is too late to withdraw the application from issuance of a registration, the petition will be dismissed without consideration on the merits.
/Karen Hilaski/
Paralegal Specialist
Office of the Deputy Commissioner
For Trademark Examination Policy
(571) 272-2873