U.S. Patent and Trademark Office
Information Products Division
Data Dissemination
Trademark Daily XML Migration

September 17, 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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Any inquiries that require additional research and/or response are considered outstanding inquiries and will appear in red, bold and italicized.

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

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For Your Information – FYI:

04/16/2004:

"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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08/13/2004:

Requirements and Proposed Schedule for the updated Trademark Daily Applications product – Control #61

Requirements:

1. The updated Trademark Daily Application product will include all data fields provided in the current product. Reference the Trademark Applications Daily XML DTD Element Documentation (v.12) located on the TDXF DTD's, Documentation, and Sample Data page.
   
2. Provide all MADRID PROTOCOL INFORMATION (including Madrid History and Multiple transactions) for applications going to the International Bureau (IB).
   
3. Provide all MADRID PROTOCOL INFORMATION for applications received from the International Bureau (IB).
   
4. Provide status code changes on a daily basis that are now only provided in the Monthly Status file.
   
5. Provide the Date In Location and the Law Office Assigned in addition to the <law-office-assigned-location-code> field that is currently provided.
   
6. Provide the Abandonment-Date and Mis-Assigned Numbers.This information is currently only available in the Monthly Contractor Reports.
   
7. Provide 2-character WIPO Standard ST. 3 country codes in the <nationality> field and the <country> field of the <case-file-owner>.
   Note: The data in the Correspondent Address is free form text and will remain that way.

Proposed Schedule:

• September 1, 2004 – The updated Daily Application DTD and Documentation to be released. Test files will be made available during the month of September 2004.

  09/17/2004:

  Control #’s 84, 85, 86, 87, 88, 89, 90 and 91 as defined below are being reviewed as part of the requirements for the updated Daily Applications product.

• October 1, 2004 – Proposed parallel process to include the updated Daily Application product along with the current production product to take place October 1, 2004 through December 31, 2004.
  
  
• January 3, 2005 – Proposed deployment of the updated Daily Application product into production.

NOTE: Once the updated Daily Application product is accepted and placed into production, the Monthly Status File and the Monthly Contractor Reports will be discontinued in a timely manner.

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Status of Inquiries:

09/17/2004:

Closed: Control #81

In Process:

Control #61 - Requirements and Proposed Schedule for the updated Trademark Daily Applications product will be updated and tracked in the FYI section above. This also includes Control #’s 84 through 88.

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Inquiry – 08/25/2004: Control #81

The serial number is 75801607. We received this record in December 1999 as a Pending Drawing page. It came in as a New Application in the TWTF Jan. 10, 2000. We have had numerous updates on this record between miscellaneous transactions on the now defunct TWTF Weekly file and the Monthly Status (MOST) Updates. The last update we received for this serial number is through a MOST on 09-04-2003. We have that this Status of 744 (4th Extension Filed) is 08-13-2003.

Here is what you have on TARR for the same record. You will see that there are 5 transactions that have taken place in 2004 and we have not received any of these and the last one is 2004-07-01 - Case File in TICRS when this record has already been published. What does that mean?

Any help would be appreciated.

PROSECUTION HISTORY
2004-07-01 - Case File in TICRS
2004-04-26 - Case file assigned to examining attorney
2004-01-21 - Extension 5 granted
2004-01-21 - Extension 5 filed
2004-01-26 - PAPER RECEIVED
2003-08-13 - Extension 4 granted
2003-07-14 - Extension 4 filed
2003-07-14 - PAPER RECEIVED
2003-02-07 - Extension 3 granted
2003-02-07 - Extension 3 filed
2003-02-11 - PAPER RECEIVED
2002-07-23 - PAPER RECEIVED
2002-07-08 - Extension 2 granted
2002-06-21 - Extension 2 filed
2002-02-21 - Extension 1 granted
2002-01-29 - Extension 1 filed
2001-08-07 - Notice of allowance - mailed
2001-05-15 - Published for opposition
2001-05-02 - Notice of publication
2000-12-28 - Approved for Pub - Principal Register (Initial exam)
2000-12-26 - Examiner's Amendment Completed
2000-12-26 - Previous allowance count withdrawn
2000-11-06 - Approved for Pub - Principal Register (Initial exam)
2000-08-21 - Correspondence Received In Law Office
2000-02-17 - Non-final action mailed
2000-02-10 - Case file assigned to examining attorney

09/17/2004:

A correction to application number 75801607 will be present in the Daily Application file dated September 17, 2004.

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Inquiry – 09/03/2004: Control #84

The following xml statement in the current xml daily files contains:
<?xml version="1.0" encoding="UTF-8" ?>

Because a DTD is included inside the XML files being disseminated the XML statement should contain:

<?xml version="1.0" encoding="UTF-8" standalone="yes" ?>

09/17/2004:

The updated daily applications requirements (Control #61) will be changed accordingly. This change will not be applied to the current production data file.

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Inquiry – 09/07/2004: Control #85

Since you're in the mood to reorder element names.

Here is a suggestion for <case-file-owner>

<!ELEMENT case-file-owner(entry-number?, party-type?, nationality?,
legal-entity-type-code?, name-1?, name-2?, name-3?, address-1?, address-2?,
city?, state?, country?, postcode?, attorney-name?,
domestic-representative-name?, composed-of-statement?,
name-change-explanation*, dba-aka-text?, entity-statement?, name-overflow?)>

09/17/2004:

After taking the above suggestion the following is being further suggested:

<!ELEMENT case-file-owner (entry-number? , party-type? , nationality? , legal-entity-type-code? , entity-statement? , name, address-1? , address-2? , city? , state? , country? , postcode? , dba-aka-text? , composed-of-statement? , name-change-explanation* , attorney-name? , domestic-representative-name?)>

Note: name-1, name-2, name-3, name-overflow would be removed and replaced by: name

The party type and entry-number handle different owner names.

For instance -

Where currently:

<case-file-owner>
<entry-number>01</entry-number>
<nationality>CKX</nationality>
<name-1>Southpac Trust International, Inc. (a co</name-1>
<name-2>rporation of the Cook Islands), not indi</name-2>
<name-3>vidually, but as Trustee of the Family T</name-3>
<party-type>10</party-type>
<address-1>P.O. Box 11</address-1>
<address-2>Centrepoint</address-2>
<city>Rarotonga</city>
<country>CKX</country>
<legal-entity-type-code>99</legal-entity-type-code>
<entity-statement>TRUST</entity-statement>
<name-overflow>rust U/T/A dated December 8,
1995.</name-overflow>
</case-file-owner>

Would look like the single name:

<case-file-owner>
<entry-number>01</entry-number>
<party-type>10</party-type>
<nationality>CKX</nationality>
<legal-entity-type-code>99</legal-entity-type-code>
<entity-statement>TRUST</entity-statement>
<name>Southpac Trust International, Inc. (a corporation
of the Cook Islands), not individually, but as Trustee of
the Family Trust U/T/A dated December 8, 1995.
</name>
<address-1>P.O. Box 11</address-1>
<address-2>Centrepoint</address-2>
<city>Rarotonga</city>
<country>CK</country>
</case-file-owner>

And, if there were a second owner the <entry-number> would equal 02 and the <party-type> would still equal 10.

If there were a subsequent owner that caused a new party-type the <party-type> would increment accordingly and the <entry-number> would start anew at 01.

09/17/2004:

The above suggestion will be applied to the updated daily applications requirements (Control #61).

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Inquiry – 09/08/2004: Control #86

In all records on the test file why does the attorney appear as a separate <case-file-owner> and not included with the Correspondent (party-type 70) <case-file-owner> as is present on TARR?

An example is : 72/267663

It contains the following

<case-file-owner>
<attorney-name>DARBY &amp; DARBY</attorney-name>
<entry-number>0</entry-number>
<party-type>00</party-type>
</case-file-owner>

It does not contain a valid party-type code value, yet on TARR it is included with the Correspondent party-type 70.

09/17/2004:

This continues to be reviewed and any change will be included in the updated daily applications requirements (Control #61) with proper notification.

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Inquiry – 09/08/2004: Control #87

The following element is missing from the <madrid-international-filing- request> group.

International Registration Renewal Date - Reference TARR for Serial No.: 78308872

<!ELEMENT madrid-international-filing-record (entry-number,
reference-number, original-filing-date-uspto, international-
registration-number?, international-registration-date?, international-
status-code?, international-status-date?, international-renewal-date?,
irregularity-reply-by-date?, madrid-history-events?)>

The following element is missing from the <madrid-history-event> group.

number - Determine the sequence of events within the group

<!ELEMENT madrid-history-event (number, code, date, description-text)>

09/17/2004:

The above fields will be applied to the updated daily applications requirements (Control #61) and the content of the number field will be defined.

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Inquiry – 09/08/2004: Control #88

The following element <Madrid-international-filing-request> should be renamed to <Madrid-international-filing-requests>. The “s” is be added to be consistent with the naming convention being used.

09/17/2004:

The above suggestion will be applied to the updated daily applications requirements (Control #61).

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Inquiry – 09/13/2004: Control #89

1. One of the requirements states that the updated Trademark Daily Applications product will provide all MADRID PROTOCOL INFORMATION for applications received from the International Bureau (IB). Are there any plans to add new data elements (fields) to the <international-registration> group data element?

The data elements listed in the international-registration group are for incoming requests from the IB.

The new group madrid-international-filing-requests is for outgoing requests to the IB.

2. The sample XML file (Test-v2.0-20040902.xml) that was included in your email on September 3rd did not have any record samples that included the new <abandonment-date> data element.

Records that have abandonment dates will be provided in the next test file.

If the <abandonment-date> field does have a value for a particular record, will the <status-code> field (that is part of the <case-file-header> field) for that record always have the value "622"? - No.

And will the <status-date> field (that is part of the <case-file-header> field) always have the same value as the <abandonment-date> field if the <abandonment-date> field does have a value for a particular record? – No.

3. One of your requirements states that the updated Trademark Daily Applications product will provide 2-character WIPO Standard ST. 3 country codes in the <nationality> field and the <country> field of the <case-file-owner>. This might have been answered previously, but can you please tell us where we can find the latest version of these 2-character WIPO Standard ST. 3 country codes?

A table will be provided in the Applications Documentation that Supports the new requirements.

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Inquiry – 09/13/2004: Control #90

Will there be another trademark application daily XML 2.0 sample file and DTD before October?

09/17/2004:

Updated versions of the new applications requirements DTD, Documentation and Test Data are available at: TDXF DTD's, Documentation, and Sample Data page.

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Inquiry – 09/17/2004: Control #91

The correspondent will be moved from the case-file-owners section along with attorney-name and domestic-representative-name

Then add the following to the case-file-header section:

<!ELEMENT correspondent (person-or-organization-name, address-1?, address-2?, address-3?, address-4?)>
<!ELEMENT person-or-organization-name (#PCDATA)>
<!ELEMENT address-1 (#PCDATA)>
<!ELEMENT address-2 (#PCDATA)>
<!ELEMENT address-3 (#PCDATA)>
<!ELEMENT address-4 (#PCDATA)>

(placed after tag <!ELEMENT attorney-docket-number (#PCDATA)>

<!ELEMENT attorney-name (#PCDATA)>
<!ELEMENT domestic-representative-name (#PCDATA)>
<!ELEMENT correspondent (person-or-organization-name, address-1?, address-2?, address-3?, address-4?)>
<!ELEMENT person-or-organization-name (#PCDATA)>
<!ELEMENT address-1 (#PCDATA)>
<!ELEMENT address-2 (#PCDATA)>
<!ELEMENT address-3 (#PCDATA)>
<!ELEMENT address-4 (#PCDATA)>

and before tag <!ELEMENT principal-register-amended-in (#PCDATA)>

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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