| To: | DG Development Corporation (plee@hutchlegal.com) |
| Subject: | TRADEMARK APPLICATION NO. 88587197 - HELLO LOVE - N/A |
| Sent: | 1/21/2020 12:32:00 PM |
| Sent As: | ECOMPET |
| Attachments: |
United States Patent and Trademark Office (USPTO)
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U.S. Application Serial No. 88587197
Mark: HELLO LOVE
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Correspondence Address: PATRICIA LEE HUTCHISON & STEFFEN, LLC 10080 WEST ALTA DRIVE SUITE 200 LAS VEGAS, NV 89145 |
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Applicant: DG Development Corporation
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Reference/Docket No. N/A
Correspondence Email Address: plee@hutchlegal.com |
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POST PUBLICATION AMENDMENT DECISION
Issue date: January 21, 2020
The assigned paralegal has reviewed the requested post publication amendment filed on November 25, 2019 and determined the following.
The proposed amendment of the drawing is unacceptable because it would materially alter the essence or character of the mark. 37 C.F.R. §2.72; Trademark Manual of Examining Procedure (TMEP) §§807.14 et seq. The mark in a drawing cannot be amended if the change would materially alter the mark. TMEP §807.14. The Office determines whether a proposed amendment materially alters a mark by comparing the proposed amendment with the drawing of the mark as published. 37 C.F.R. §2.72; TMEP §807.14(c).
The application will be returned to processing without entry of the requested amendment.
Applicant’s only recourse is to 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 a $100 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