To: | Dinamo GmbH (trademarks@patentusa.com) |
Subject: | U.S. Trademark Application Serial No. 90647980 - ABC MARFA - T-11498 |
Sent: | February 08, 2022 03:52:30 PM |
Sent As: | ecom110@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90647980
Mark: ABC MARFA
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Correspondence Address: |
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Applicant: Dinamo GmbH
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Reference/Docket No. T-11498
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: February 08, 2022
This Examiner’s Amendment follows applicant’s request for reconsideration filed on January 25, 2022.
In a previous Office action dated January 5, 2022, the trademark examining attorney refused registration of the applied-for mark because the application did not include a copy of the relevant foreign registration.
In applicant’s request for reconsideration, applicant provided a copy of the required foreign registration. However, applicant also inadvertently added a Section 1(a) filing basis to the application. The Section 1(a) filing basis has been removed as explained below.
Application has been amended. As agreed to by Ralph E. Locher, applicant’s attorney, on February 2, 2022, the examining attorney has amended the application by removing the Section 1(a) filing basis, which was added inadvertently. Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id.
ADVISORY – 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.
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.
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.
/Todd J. Lewellen/
Todd J. Lewellen
Examining Attorney
Law Office 110
571-272-3199
todd.lewellen@uspto.gov