To: | Sport Maska Inc. (jzaccaria@notaromichalos.com) |
Subject: | U.S. Trademark Application Serial No. 88642610 - AXIS - J1432-023 |
Sent: | January 08, 2020 03:43:05 PM |
Sent As: | ecom126@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88642610
Mark: AXIS
|
|
Correspondence Address: NOTARO, MICHALOS & ZACCARIA P.C. |
|
Applicant: Sport Maska Inc.
|
|
Reference/Docket No. J1432-023
Correspondence Email Address: |
|
EXAMINER’S AMENDMENT
Issue date: January 08, 2020
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 John Zaccaria, the attorney of record, on January 8, 2020, the examining attorney has amended the application as shown below.
IDENTIFICATION OF GOODS
Class 9 Protection masks; Protective helmets for sports
Class 28 Hockey equipment, namely, hockey
skates, ice skate blades, fitted covers for ice skate blades covers, lace bite pads in the nature of athletic protective pads for hockey skates, ice skate soakers
in the nature of fitted covers for protecting ice skate blades from moisture, hockey sticks, protective padding for hockey and lacrosse, athletic pelvic protector in the nature of
body protectors for hockey and lacrosse, hockey gloves, shoulder pads for sport use, shoulder pad laces for athletic use, chest protectors for sport use, shin pads for use in sports, elbow pads
for use in sports, ice skate stands in the nature of fitted covers for ice skate blades; Lacrosse equipment, namely, lacrosse sticks, lacrosse gloves; Ice hockey goalies pads; Hockey
pucks; Hockey goals; Nets for ice hockey goals; Puck rebounders for hockey training
See TMEP §§1402.01, 1402.01(e).
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).
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 bona fide intention to use the mark in commerce, the USPTO generally issues a “Notice of Allowance” within approximately eight (8) weeks after the publication date. Applicant then has six (6) months from the date of the Notice of Allowance to timely file a “Statement of Use” or to file a request for a six-month “Extension of Time to file a Statement of Use” (extension request). Extension requests are granted in six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance. If a Statement of Use is not filed within the six months after the Notice of Allowance issued, a Statement of Use must be filed within the time period of a previously granted extension request. The USPTO will only issue a registration certificate after the trademark examining attorney approves a Statement of Use.
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.
/Joanna Han/
Joanna Han
Trademark Examining Attorney
Law Office 126
(571) 270-3617
joanna.han@uspto.gov