June 4, 2004

Trademark Daily XML Files - Weekly Status Report

The following is a status update for all inquiries.

Inquiries can be made to: Ed Johnson at Ed.Johnson@uspto.gov - (703) 306-2621 or Jazmin Rexrode at Jazmin.Rexrode@uspto.gov - (703) 306-2626 or sent to OEIP@uspto.gov.

*The format of the Weekly Status Report will appear as follows:
1. Each inquiry is given a USPTO Control # for tracking purposes.
2. The summary portion of “Status of Inquiries” will be “grouped” by the current status.
3. The detail portion of the report will be in sequence Control # (for easier reference).

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"The U.S. Patent and Trademark Office is processing paper Madrid filings within a week of receipt and electronic applications within hours. Information is generally viewable on the USPTO website within 24 hours of the completion of Trademark processing. In addition to the work done on Madrid filings at the USPTO, there is also processing at the International Bureau of WIPO. Thus, in certain circumstances pendency is influenced by any backlogs that might develop at WIPO."

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06/04/2004:

The Trademark Daily Files for Sunday May 30, 2004 were not available until Tuesday, June 01, 2004 at 11:17 a.m. ET.

76 series application images/designs were not present in the Trademark 24 Hour Box for May 28, May 30, May 31, June 01, and June 02, 2004. They were present in the Trademark 24 Hour Box beginning June 03, 2004.

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*The status on the availability of the 2003 Annual Trademark (Retrospective) files is as follows:

-The 2003 Trademark Retrospective Assignment/XML file is available for purchase through FTP or on CD-R.

2003 Trademark Retrospective Assignment XML File
2003 asgn.zip - 82,622,036 bytes
2003 asgn.xml - 744,114,826 bytes

433,507 assignment transactions through February 29, 2004.

-The 2003 Trademark Retrospective Trial and Appeal Board (TTAB)/XML file is available for purchase through FTP or on CD-R.

2003 Trademark Retrospective TTAB XML File
2003ttab.zip - 55,626,578 bytes
2003 ttab.xml - 788,006,699 bytes

176,507 TTAB transactions through February 29, 2004.

-The 2003 Trademark Retrospective Live/XML file is available for purchase on DVD-R. Note: Due to the size of this file it is on 1 DVD-R.

2003 Trademark Retrospective Live/XML File
2003live01.zip thru 2003live11.zip - 883,077,749 bytes
2003live01.xml thru 2003live11.xml - 17,356,993,923 bytes

1,631,694 active trademarks through March 12, 2004.

-The 2003 Trademark Retrospective Dead/XML file is available for purchase on DVD-R. Note: Due to the size of this file it is on 1 DVD-R.

2003 Trademark Retrospective Dead/XML File
2003dead01.zip thru 2003dead12.zip - 841,117,857 bytes
2003dead01.xml thru 2003ldead11.xml - 18,372,159,875 bytes

2,029,211 inactive trademarks through March 13, 2004.

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Status of Inquiries:

Open:

06/04/2004:

*Control #16 - The use of Country Codes, *Control #21 - The inclusion of 3 IB data fields, *Control #41 - US applications requesting International Registration Status and *Control #55 the need to establish multiple International Registration sections for the same application continue to be evaluated along with providing status changes on a daily basis.

*Control #51 - Numerous records appearing on the 2003 Trademark Retrospective Live/XML file were inconsistent with the information that appears on the TARR data base.

*Control #52 - 2 trademark applications were previously disseminated on the Trademark Weekly files of December 4, 2001 and June 11, 2002, respectively were missing GENX records and never corrected.

*Control #53 - Clarification is required on an Abandonment for Serial Number 76240405 received April 2, 2004.

*Control #54 - 1,079 series 79 applications were disseminated without an International Application Number.

*Control #56 - Serial No: 79000697 - The Status Code and Status Date on TARR is not the same as the Status Code and Status Date disseminated on Daily Application file.

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Inquiries that have been resolved will have the resolution in black, bold, italicized and underlined.

Any inquiries that require additional research and/or response are considered outstanding inquiries and will appear in red, bold and italicized.

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Inquiry – 11/12/2003: (Control #16)

This inquiry was initially received 11/12/2003. A further clarification (as defined below) of the initially inquiry was received 03/02/2004.

There are fields available on TARR for an Application/Registration that has requested protection into a Madrid Protocol country that do no appear in the current DTD of the daily application file being disseminated. They are:

USPTO Control Number:
Original Filing Date with USPTO:
Date of Last Irregularity:

All other data fields included in the Madrid Protocol Information section on TARR are fields that appear in the current DTD of the daily application file being disseminated.

What we'd like is to have this information sent to us in the daily file being disseminated when the Application/Registration has been applied for and then updated with the additional Madrid related fields upon BIRTH from the IB.

A decision has been made by management that the Daily XML files will contain appropriate information that is present on TESS and TARR including the above 3 data fields. Software and documentation must be evaluated and updated. This effort will also analyze providing all status changes on a daily basis and the use of 2-position country codes – ISO Standard, ST-3 in all 3 daily DTD’s.

06/04/2004: The requirements document continues to be analyzes in an effort to determine cost and the amount of time to complete this new process.

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Inquiry – 6/06/2003: (Control #21)

In reviewing the country codes for each of the 3 XML files and discovered the following

*Trademark-Applications XML

Uses 3 digit code from TWTF file

*Trademark-Assignments XML

Uses no codes at all, they expand all codes (Spelling out countries)

*Trademark-Proceedings XML

Uses officially designated country as prescribed by the World Intellectual Property Organization (WIPO) Standard ST.3

06/04/2004: This inquiry is included in the requirements being evaluated with Inquiry (Control #16 and Control #41)

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Inquiry – 04/12/2004: (Control #41)

There has 11,501 US applications requesting International Registration Status present on the Daily Application XML files identified below and they continue to appear on subsequent Daily Application XML files:

Date	Count	File
20040409	5180	apb040409.xml
20040410	2357	apb040410.xml
20040411	2130	apb040411.xml
20040412	1834	apb040412.xml

The USPTO TARR data base contains "Madrid Protocol Information" for each one of these applications.

The Daily Application XML file has identified XML tags/fields for this "Madrid Protocol Information". But these XML tags/fields are not populated with data.

The current XML tags/fields identified for Madrid Protocol International Information are to be populated for applications received from the International Bureau.

06/04/2004: This inquiry to also include Madrid Protocol Information being sent to the International Bureau is apart of the requirements being evaluated with Inquiry (Control #16 and Control #21)

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Inquiry – 05/25/2004: (Control #51)

Numerous records appearing on the 2003 Trademark Retrospective Live/XML file were inconsistent with the information that appears on the TARR data base. The USPTO has always pointed to TARR as the "official status" of a given mark, so an update that disagrees with that source is problematic to us and our customers.

06/04/2004:

The appropriate Trademark area is analyzing this inquiry. A response will be provided ASAP.

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Inquiry – 05/26/2004: (Control #52)

The following 2 trademark applications were previously disseminated on the Trademark Weekly files of December 4, 2001 and June 11, 2002, respectively.

At the time they were both disseminated with missing GENX records.

They have never appeared on subsequent (weekly or daily) files as being corrected.

Serial No.: 71-055858 from the 2001-DEC-04 weekly file
Serial No.: 71-321208 from the 2002-JUN-11 weekly file

06/04/2004:

The appropriate Trademark area is analyzing this inquiry. A response will be provided ASAP.

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Inquiry – 05/25/2004: (Control #53)

Clarification is required on an Abandonment for Serial Number 76240405 received April 2, 2004. This record has an abandoned date of 20031209 but we never received this until April 2004.

The dates do not seem to make sense to us that the abandonment happened before the opposition was terminated. Here is the Prosecution History from TARR on this record:

PROSECUTION HISTORY

2003-12-09 - Abandonment - After inter partes decision (Initial exam)

2004-03-30 - Opposition terminated for Proceeding

2004-03-30 - Opposition terminated for Proceeding

2003-12-09 - Opposition sustained for Proceeding

2003-09-15 - PAPER RECEIVED

2002-07-05 - Opposition instituted for Proceeding

2001-11-05 - Extension of time to oppose - Filed

2001-10-16 - Published for opposition

2001-09-26 - Notice of publication

2001-06-07 - Approved for Pub - Principal Register (Initial exam)

2001-06-01 - Examiner's amendment mailed

2001-05-23 - Non-final action mailed

2001-05-09 - Case file assigned to examining attorney

06/04/2004:

The appropriate Trademark area is analyzing this inquiry. A response will be provided ASAP.

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Inquiry – 05/25/2004: (Control #54)

TESS contains 2,523 series 79 applications with International Registration Numbers.

These series 79 applications have been disseminated on the Daily Application Files but the attached file of 1,079 series 79 applications were disseminated without an International Application Number.

The International Registration Number for these 1,079 documents is present on the USPTO Tess data base.

06/04/2004:

The problem that is causing the missing International Registration Numbers has been identified and a resolution will be implemented ASAP.

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Inquiry – 05/27/2004: (Control #55)

Domestic application Serial No.: 78287625 has 2 international registration sections present on the TARR data base. They are identified as such by 2 unique USPTO Reference Numbers and a single International Registration Number.

Any future changes must allow for these multiple occurrences.

06/04/2004:

This inquiry has been included as apart of the requirements being evaluated with Inquiry (Control #16,Control #21 and Control #41).

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Inquiry – 05/27/2004: (Control #56)

Serial No: 79000697 - The Status Code and Status Date on TARR is not the same as the Status Code and Status Date disseminated on Daily Application file.

The Status Date on TARR is March 31, 2004 while the Status Date on the Daily Application file is March 19, 2004

Also the PROSECUTION HISTORY on TARR has a different description for the event on 2004-05-10 than was disseminated on the daily file.

06/04/2004:

The appropriate Trademark area is analyzing this inquiry. A response will be provided ASAP.

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If you have any questions or need additional information please contact one of the following individuals:

Ed Johnson	Jazmin Rexrode
Office of Electronic Information Products	Office of Electronic Information Products
(703) 306-2621	(703) 306-2626
(703) 306-2737 Fax	(703) 306-2737 Fax
Ed.Johnson@uspto.gov	Jazmin.Rexrode@uspto.gov