NOTICE OF SUSPENSION

This was not exactly the response I was hoping for from the USPTO (United State Patent and Trademark Office) to my latest amendment to my trademark application.

SUSPENSION PROCEDURE: This suspension notice serves to suspend action on the application for the reason(s) specified below. No response is needed. However, if you wish to respond to this notice ...

I wondered if this was because I had waited until the last minute (as usual) to file my amendment and they were now preparing for abandonment proceedings.

This Office action is in response to applicant’s communication filed on MONTH dd, yyyy. In its response, applicant amended its identification of goods and services. This amendment is acceptable and has been entered.

Ok, this sounds good, they have accepted my latest amendment.

Action on this application is now suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of a foreign registration from applicant's country of origin.

I've set Sofia (my wife, the lawyer) to look into it.



A brief aside on my Canadian application. I mentioned in an earlier post that it had been accepted, it has now been allowed. Accepted meanted that the examining officer saw no problem with it. It is then published and if no one objects within two months, then it is allowed. I now have until 2010 to send the government $200 to register it.

If you want an idea what a trademark application looks like you can always browse through copies of the Trademarks Journal

For example, HARRY POTTER AND THE DEATHLY HALLOWS is a requested trademark by Warner Brothers in Canada (it too has been allowed, so now WB has to send in their $200 to register it). It includes obvious wares in it proposed use: Motion picture films featuring comedy, drama, action, adventure and/or animation. Obvious spin-offs: video and computer game programs, children’s activity books, calendars, gift wrapping paper, t-shirts, sweatshirts and a whole lot more. And this surprising one: batteries for electronic toys - I don't think I have ever seen branded batteries before.

Comments

KayMac said…
Good thing you have a lawyer in the family!! Good luck with this, btw!
Anonymous said…
I was doing a random search when I came accross your blog. I believe that you need to provide a copy of the Canadian Registration, once it registers, or charge your filing basis (assuming you filed based on priority to your Canadian) application to 1(a) and actually begin us of the mark in the US. If you are relying on the registration in Canada, then once you go to use in Canada and get a registration, forward a copy to the USPTO, then your US application will proceed to publication and, if unopposed, registration.
Richard said…
kaymac: it is mostly about a very special way of thinking and trying to parse through the leaden language.

anonymous: thanks for leaving a comment. Yeah, I am pretty sure it that. The thing is to try and get the information right the first time.

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