To: | PLx Pharma, Inc. (joseph.gioconda@giocondalaw.com) |
Subject: | U.S. Trademark Application Serial No. 88677340 - VAZALORE - PLX08 |
Sent: | February 07, 2020 04:48:14 PM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88677340
Mark: VAZALORE
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Correspondence Address: |
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Applicant: PLx Pharma, Inc.
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Reference/Docket No. PLX08
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: February 07, 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 Joseph Gioconda on February 07, 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.
Amendment to the Mark Description
The following description of the mark replaces the current description of record:
The mark consists of the stylized wording “VAZALORE” represented in black and various shades of blue.
See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.
Amendment to the Color Claim
The following color claim replaces the current claim of record:
The colors black and blue are claimed as a feature of the mark.
37 C.F.R. §2.52(b)(1); TMEP §807.07(a)(i).
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, 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.
ASSISTANCE
If applicant has any additional questions or needs further assistance, please email or telephone the assigned trademark examining attorney.
/J. Ian Dible/
J. Ian Dible
Examining Attorney
Law Office 111
(571) 272-0209
ian.dible@uspto.gov