New Trademark Status and Document Retrieval TSDR
(TSDR is at http://tsdr.uspto.gov/)
TSDR 2.0 is a new database (update of 1.0) from the USPTO that integrates TDR and TARR, as Trademark Status and Document Retrieval (TSDR). TSDR provides access to viewing, printing, and downloading snapshots of the data the USPTO stores about a trademark application or registration.
The new features of TSDR include:
New TSDR 2.0 features
Why is the TSDR important? The USPTO uses document steps to advance a trademark application through the necessary steps to get to final disposition of registration or abandonment. Each of these steps has one or more documents that show the step. Trademark applicants and registrants should monitor the status of their applications during the pendency of an application (at least every six months is recommended) and after filing an affidavit of use or excusable nonuse under §8 or a renewal application under §9 of the Trademark Act. An applicant or registrant has a duty to monitor status just in case something goes wrong or needs attention and notice was not received. (Emails or postal addresses get changed, notices get put in spam folders, etc.) The USPTO may deny petitions to reactivate abandoned applications and cancelled registrations when a party fails to inquire about the status of a pending matter within a reasonable time. A registrant should monitor the status because the registration date is used to determine when post-
Document Viewing and Downloading: Note that an electronic copy of any of these documents is available online by selecting the name of the document in the list on the TSDR at http://tsdr.uspto.gov for the applicable serial number or registration number of a mark. Any of these documents can be downloaded by ticking the box on the left of the TSDR records and selecting the Download PDF button at the bottom.
Frequently Asked Questions About the Records Available on TSDR
What does Registration Certificate mean? This means the trademark has registered with the USPTO and a certificate will be mailed to the correspondent on record.
What does ‘Notice of Acceptance of Statement of Use’ mean? This means the Statement of Use has been approved for an Intent to Use application that has already been through its Opposition Period with no opposition and the trademark should register in 4-
What does ‘Publication & Issue Review Complete’ mean? This means the final review prior to publication has been completed, application will be published in the Official Gazette when it is registered (for an Intent to Use application that has already gone through its opposition) or will be published for opposition (for a Use in Commerce application that has not gone through its Opposition Period yet.
What does ‘TRAM Snapshot of App at Pub for Oppostn’ mean? This means the final review prior to publication has been completed and the application will be published for opposition. This document appears twice in an Intent to Use application even though the second time it is not going to publish for opposition again, it is just going to publish in the Official Gazette.
What does ‘ITU Unit Action’ mean? This means that the USPTO Intent to Use (ITU) department is in the process of taking action on an Intent to Use Application. Actions include approving or disapproving a Statement of Use (SOU) or Alleged Amendment of Use (AAU) or approving or disapproving a request for an extension of time to submit a specimen of use.
What does ‘Statement of Use’ mean? What does ‘Specimen’ mean? What is an ‘Allegation of Use’?
A Statement of Use is one form of An Allegation of Use, a sworn statement signed by the applicant or a person authorized to sign on behalf of the applicant attesting to use of the mark in commerce. (Since most trademarks are now filed electronically, this is usually an electronic signature.) With the Allegation of Use, the owner must submit: a filing fee of $100 per class of goods/services; and one specimen. A specimen is a sample of the use of the mark that acts as evidence that the mark has been properly used in commerce for each class of goods/services. The actual form for filing the allegation of use is available at http://www.uspto.gov/teas/index.html. Note that the type of sample appropriate for submission is different for a trademark (sales of goods) than it is for a service mark (sales of services). An Amendment to Allege Use (AAU) is another type of Allegation of Use but differs in the time period when it is submitted. See Additional Requirements For Intent to Use Application for more information.
What is a ‘Notice of Allowance’ (NOA)? A written notification from the USPTO that a specific mark has survived the opposition period following publication in the Official Gazette, and has consequently been allowed for registration. It does not mean that the mark has registered yet. Notices of allowance are only issued for applications that have been filed based on "Intent to Use". The Notice of Allowance is important because the issue date of the Notice of Allowance establishes the due date for filing a Statement of Use (SOU). After receiving the Notice of Allowance, the applicant must file a Statement of Use or a request for an extension of time to file a Statement of Use within 6 months from the issue date of the Notice. If the applicant fails to timely file a Statement of Use or a request for an extension of time to file a Statement of Use, the application will go abandoned.
What does ‘Amendment and Mail Process Complete’ mean? This means that changes have been made to the trademark record. These changes may have been made by the applicant in a Response to Office Action (ROA) or Voluntary Amendment or may have been made by the examiner in an Examiner’s Amendment or may have been made by the applicant using some other form.
What does ‘Offc Action Outgoing’ mean? This document is usually a refusal to register based on a problem with the application or a problem with the trademark itself. The most common refusals are a LIKELIHOOD OF CONFUSION (conflicting mark) with a registered or pending trademark. Other common refusals are for MERELY DESCRIPTIVE trademarks or for goods and services identification problems. Occasionally, this is not a refusal but an examiner’s amendment documenting changes that the examiner has made usually as a result of an agreement with the attorney of record or applicant after a telephone conference.
What does ‘XSearch Search Summary’ mean? This is a listing of the LIKELIHOOD OF CONFUSION trademark search that the examiner did. The procedure like that trademark examiner’s follow is found at Likelihood of Confusion Search. Applicant’s can avoid LIKELIHOOD OF CONFUSION refusals by conducting similar trademark searches themselves and rejecting trademarks that are confusingly similar to registrations and pending trademarks. The problem with this is that CONFUSINGLY SIMILAR is a ‘term of art’ and is defined by both statutes and case law and is not just a matter of eliminating identical potential marks from consideration.
What does Publication & Issue Review Complete mean? This change in the record means that the USPTO believes the trademark would be entitled to registration under the current circumstances (assuming an acceptable AAU or SOU were filed for an intent-
What does ‘Response to Office Action’ mean? This means a response has been filed by the applicant or applicant’s representative to an Offc Action Outgoing. A response must fully respond to the examiner’s office action in order to be accepted or the application may be issued a final refusal.
What does ‘TEAS Revoke Appointed Attorney’ mean? This means that an attorney has been changed (not necessarily revoked). The same form is used to appoint or revoke but the record always indicates Revoke in either situation.
What does ‘Notice of Pseudo Mark’ mean? The USPTO assign pseudo marks to some new applications to assist in searching the USPTO database for conflicting marks. Pseudo marks have no legal significance and will not appear on the registration certificate. The pseudo-
What does ‘Design Search Code Corr Project’ mean? The USPTO may assign design search codes, as appropriate, to new applications and renewed registrations to assist in searching the USPTO database for conflicting marks. They have no legal significance and will not appear on the registration certificate. DESIGN SEARCH CODES are numerical codes assigned to figurative, non-
What does ‘Notice of Abandonment’ mean? This means that the identified trademark was abandoned in full usually because a response to the Office Action was not received within the 6-
What does ‘Suspension Letter’ mean? A suspension letter suspends the action on an application. An application may be suspended for a variety of reasons [such as a likelihood of confusion with a pending application]. These include waiting for the disposition of a cited prior pending application to be determined or waiting for an assignment of ownership to be recorded. Applicants do not have to respond to suspension letters.
What does ‘ITU Extension Approval’ mean? This means that another 6 months has been approved in which to file a Statement of Use in an Intent to Use application. Applicant must continue to file extension requests every 6 months calculated from the date the Notice of Allowance was issued until a Statement of Use is filed. Please note that a Statement of Use cannot be filed more than 36 months from the issuance date of the Notice of Allowance.
What does ‘Request to Divide’ mean? An applicant can split an application into separate parts containing different International Classifications in the event that one classification has been held up by refusals or lack of a Statement of Use for all classifications or other reasons. This allows the individual parts to be prosecuted separately. When the applicant files a request to divide goods/services that are in use from goods/services that are not yet in use, the USPTO puts the goods/services in use in the newly created (child) application, and retains the goods/services not in use in the original (parent) application. More child applications may later be created from the parent application.
What does ‘Notice of Publication’ or ‘Notice of Actual Publication’ mean? This is a written statement from the USPTO notifying an applicant that its mark will be published in the Official Gazette. If the examining attorney assigned to an application raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication. The notice of publication provides the date of publication. Any party who believes it may be damaged by registration of the mark has thirty (30) days from the publication date to file either an opposition to registration or a request to extend the time to oppose. If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process. A Certificate of Registration will issue for applications based on use or on a foreign registration under §44, or a Notice of Allowance will issue for intent-
What does "Notification of Notice of Publication" mean? This email notification indicates the future date of publication (the date of the beginning of the opposition period), and allow a user to go to TSDR to download the notice. Then, on the actual date of publication, "Notice of Actual Publication" will appear in the TSDR and will be emailed to the correspondent of record.
What does ‘Examiner's Amendment’ mean? This is a written confirmation of an amendment made to a trademark application. The trademark examining attorney assigned to the application will make the amendment after consultation with an applicant or the applicant’s attorney. The examiner’s amendment is merely a written confirmation of the agreement between the examining attorney and the applicant as to the amendment, and it is also a notice that the amendment will be made. The applicant need not respond to the examiner’s amendment unless the applicant wishes to make further changes to the application.
What is a Post Publication Amendment and when can it be used? (Extracted from http://teasroa.uspto.gov/ppa/) You may use the following Post-
Amendment acceptable and no republication of the mark required Amendment acceptable but republication of the mark required Amendment not acceptable Post-
Only about 30% of TEAS PLUS applications go straight to publication without an office action (refusal) so don’t be surprised if you are one of the 70% who receive a refusal of some type. Call us at Not Just Patents® Legal Services. We can help. See Why Should I Have A Trademark Attorney Answer My Office Action if you have already applied and been refused.
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