| To: | Caliber Products Inc. (pims@wck.com) |
| Subject: | TRADEMARK APPLICATION NO. 88597582 - CALIBER - C106.6000US1 |
| Sent: | 5/13/2020 1:31:30 PM |
| Sent As: | ECOMPET |
| Attachments: |
United States Patent and Trademark Office (USPTO)
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U.S. Application Serial No. 88597582
U.S. Registration No.
Mark: CALIBER
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Correspondence Address: Peter J. Ims Westman, Champlin & Koehler, P.A. 121 South Eighth Street Suite 1100 Minneapolis, MN 55402 |
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Owner: Caliber Products Inc.
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Reference/Docket No. C106.6000US1
Correspondence Email Address: pims@wck.com |
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PETITION DECISION
Issue date: May 13, 2020
The assigned paralegal has reviewed the requested post publication amendment filed on April 17, 2020 and determined the following.
The proposed amendment is unacceptable because it substitutes another entity as the applicant and the record does not indicate that assignment document(s) transferring ownership to another entity have been filed and recorded in the Assignment Recordation Division of the Office.
Although an application can be amended to correct an inadvertent error in the manner in which an applicant’s name is set forth, it may not be amended to designate another entity as the applicant. 37 C.F.R. §2.71(d); Trademark Manual of Examining Procedure (TMEP) §§803.06 and 1201.02(c).
Applicant’s only recourse is to record an assignment or other document of title with the Assignment Recordation Branch showing clear chain of title to the party filing the amendment (requests for recordation can be filed online at http://etas.uspto.gov).
Please note that an application filed in the name of the wrong party is void and cannot be corrected by amendment or assignment. In re Tong Yang Cement Corp., 19 USPQ2d 1689 (TTAB 1991).
The application will be returned to processing without entry of the requested amendment.
/Jolie Washington/
Paralegal Specialist
Office of the Deputy Commissioner
for Trademark Examination Policy
jolie.washington@uspto.gov
571-272-9583