To: | MNS, Ltd. (ip@cades.com) |
Subject: | U.S. Trademark Application Serial No. 88638502 - HAWAIIAN ATHLETICS - N/A |
Sent: | January 09, 2020 05:20:39 PM |
Sent As: | ecom122@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88638502
Mark: HAWAIIAN ATHLETICS
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Correspondence Address: |
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Applicant: MNS, Ltd.
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Reference/Docket No. N/A
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Application has been amended as shown below. As agreed to by Martin E. Hsia, Attorney of Record on Thursday, January 9, 2020, 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 are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods are not permitted. 37 C.F.R. §2.71(a).
AMENDED IDENTIFICATION OF GOODS
The identification of goods is amended to read as follows:
Class 025: “Clothing, namely, T-shirts; all the foregoing sold through ABC Stores branded channels of trade including retail, website, catalog and social media, HAWAIIAN CASUALS branded channels of trade, ISLAND COUNTRY MARKET branded channels of trade, ISLAND GOURMET MARKETS branded channels of trade, or ISLAND FAVORITES branded channels of trade, all not identifying a baseball or softball team, league, mascot or stadium”
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, the USPTO generally registers the mark and issues a registration certificate within approximately twelve (12) weeks after the publication date.
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.
/Rebecca Lee/
Examining Attorney
Law Office 122
(571) 272 - 7809
Rebecca.Lee1@uspto.gov