NOTE TO THE FILE
SERIAL NUMBER: 88941490
DATE: 05/29/2021
NAME: ekon
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for: and entered changes in TRADEUPSFrom: Kon, Elissa Garber
Sent: Saturday, May 29, 2021 12:11 PM
To: Kevin Ho <printoramic@gmail.com>
Subject: RE: Re PRINTORAMIC and design Trademark Application #88941490
Dear Kevin
Thank you for your email.
The application to register a trademark may only be filed by the correct legal owner of a mark. TMEP section 803.01. http://tmep.gov.uspto.report/RDMS/TMEP/current#/current/TMEP-800d1e122.html. Whether the “owner” is you, as an individual, or Printorama, LLC, a company for which you serve as the managing member, is a legal determination you must make in conducting your business. I cannot tell you who owns your trademark.
In order for your application to proceed, the record must be corrected to list either you, as an individual (you may add “DBA Printoramic, LLC” if you want), or Printoramic, LLC as the owner/applicant. You said below that the LLC owns the trademark (and you appear to own the LLC). Therefore, I will update the record to indicate that Printorama, LLC is the trademark owner.
You are free to use the shortened name of your company in doing business if you choose to – that does not impact your trademark application. I cannot give you legal advice as to how you list your company name on labels and business documents or in client dealings. This application covers the logo PRINTORAMIC with DESIGNS PRINTS DÉCOR under it. Generally speaking, when an applicant seeks to register a trademark, they try to consistently use that trademark in promoting their goods and services because that is how consumers know they are the source of the products.
/Elissa Garber Kon/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 106
phone: (571) 272-9181
email: elissagarber.kon@uspto.gov
Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04 - .05.
From: Kevin Ho <printoramic@gmail.com>
Sent: Friday, May 28, 2021 5:05 PM
To: Kon, Elissa Garber <ElissaGarber.Kon@USPTO.GOV>
Subject: Re: Re PRINTORAMIC and design Trademark Application #88941490
CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before responding, clicking on links, or opening attachments.
Hello Elissa!
It is good to hear from you again! Thank you for the update and I appreciate the help you have given me. That is correct, I am confirming that Printoramic, LLC is the name of the applicant but is owned by me, Kevin Ho, and it is a California Limited Liability Company.
For questions Elissa, I am not sure if there was a section that has "owner", but would the trademark recognize my name Kevin Ho as the owner? Or will I need to use my name as the applicant and not my business name? Lastly, if I am conducting business or operating, may I use the shortened Printoramic name by itself to be DBA? Like in the case of branding, communicating with customers or other businesses, or would I have to state Printoramic LLC in every interaction or labeling?
Thank you!
ᐧ
On Fri, May 28, 2021 at 9:15 AM Kon, Elissa Garber <ElissaGarber.Kon@uspto.gov> wrote:
Please tell me how you want to proceed or if you have questions. Thank you.
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 106
phone: (571) 272-9181
email: elissagarber.kon@uspto.gov