NOTE TO THE FILE
SERIAL NUMBER: 88595255
DATE: 12/06/2019
NAME: tseling
NOTE:
Searched:
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:From: Seling, Tyler
Sent: Friday, December 6, 2019 12:45 PM
To: James Cool <jcool@coolnewmedia.net>
Subject: RE: U.S. Trademark Application Serial No. 88595255 - MADISON PARK - N/A
Hi Mr. Cool,
Thank you for reaching out.
While we cannot accept a formal response by e-mail, we try to resolve issues informally with applicants by phone or e-mail, where possible. Unfortunately, this is not one of those cases, and you will need to file a response.
Please review the basis for the refusal and the various response options open to you, and file a response through our online system. If, after reviewing the Office Action, you do not understand the basis for the refusal or your response options, please feel free to contact me.
Finally, while I can explain the basis for the refusal and answer any procedural questions you may have, I cannot provide you with legal advice.
Thank you again for reaching out.
Best,
Tyler
Tyler M. Seling
Examining Attorney
Law Office 112
(571) 272-0272
From: James Cool <jcool@coolnewmedia.net>
Sent: Friday, December 6, 2019 11:18 AM
To: Seling, Tyler <Tyler.Seling@USPTO.GOV>
Cc: James Cool <jcool@coolnewmedia.net>
Subject: Re: U.S. Trademark Application Serial No. 88595255 - MADISON PARK - N/A
Hello Tyler,
After reviewing this ”Failure to Function Refusal” we must dispute it.
"Madison Park” (a musical group) has been releasing recordings on basicLUX records ( www.basiclux.com ) and performing since 2001. We filed for and received our first trademark in 2003 but our former attorney apparently let the trademark expire without letting us know. We only recently realized this and that is why we have reapplied for the trademark as it has been integral to our business for nearly 20 years.
You can track our recordings on Amazon, Spotity, iTunes and many other sources to confirm that we have been indeed putting out music under this name for a long time. On Amazon alone you can see that we have released 255 songs since 2004. Here are sample links:
Amazon
http://www.amazon.com/Madison-Park/e/B001LHR978/digital/ref=ntt_mp3_rdr?_encoding=UTF8&sn=d
Apple Music
http://www.apple.com/us/search/madison-park?src=globalnav
Wikipedia
http://en.wikipedia.org/wiki/Madison_Park_(musical_duo)
Discogs
http://www.discogs.com/artist/70343-Madison-Park
I am also attaching a copy of our original TM
Please feel free to call me to discuss if there’s anything else we need to do to correct this matter.
Thanks in advance,
James Cool
404-702-5743
On Nov 27, 2019, at 4:55 PM, ecom112 <ecom1123@USPTO.GOV> wrote:
United States Patent and Trademark Office (USPTO)
USPTO OFFICIAL NOTICE
Office Action (Official Letter) has issued
U.S. Trademark Application Serial No. 88595255
Your trademark application has been reviewed by a trademark examining attorney. As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned. Please follow the steps below.
(2) Direct questions about the contents of the Office action to the assigned attorney below.
Tyler Seling
/Tyler M. Seling/
Tyler M. Seling, Esq.
Examining Attorney
Law Office 112
(571) 272-0272
Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).
(3) Respond within 6 months (or earlier, if required in the Office action) from November 27, 2019, using the Trademark Electronic Application System (TEAS). The response must be received by the USPTO before midnight Eastern Time of the last day of the response period. See the Office action for more information about how to respond
GENERAL GUIDANCE
· Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.
· Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.
· Beware of misleading notices sent by private companies about your application. Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees. All official USPTO correspondencewill only be emailed from the domain “@uspto.gov.”