To: | Burke, John (JACK@weareburke.com) |
Subject: | U.S. Trademark Application Serial No. 88656016 - PINTS FOR PENCILS - N/A |
Sent: | January 23, 2020 11:11:23 AM |
Sent As: | ecom128@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88656016
Mark: PINTS FOR PENCILS
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Correspondence Address: |
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Applicant: Burke, John
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Reference/Docket No. N/A
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: January 23, 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 Mr. John Burke on January 23, 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 services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the services are not permitted. 37 C.F.R. §2.71(a).
Amendment to Identification of Services
The identification of services is amended to read as follows:
“Charitable fundraising provided to nonprofit school supply organizations through breweries by means of selling beer pints to raise money to support local nonprofits to help purchase pencils and other school supplies” in International Class 036.
See TMEP §§1402.01, 1402.01(e).
Procedure After Examiner’s Amendment Issues
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 or on a foreign registration, 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.
Christopher Hoffman
/Christopher Hoffman/
Trademark Examining Attorney
Law Office 128
(571)272-3351
christopher.hoffman@uspto.gov