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

March 2, 2005

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 - (571) 272-5471 or Jazmin Stanback at Jazmin.Stanback@uspto.gov - (571) 272-5477 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:

08/13/2004:

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

Requirements:

Proposed Schedule:

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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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Availability of Files:

03/02/2005

All Trademark Daily XML Files have been successfully disseminated through a new server since Tuesday, December 14, 2004.

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Status of Inquiries:

03/02/2005:

Closed Inquiries: Control #156, #188, #192, #199

In Process:

Open Inquiries: Control #177, #179,#198, #200

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Control #156

The file apc041118.xml contained Serial No.: 76/520716 with its trademark defined using the following XML Escape Sequences:

<case-file>
<serial-number>76520716</serial-number>
<registration-number>0000000</registration-number>
<transaction-date>20041118</transaction-date>
<case-file-header>
<filing-date>20030527</filing-date>
<status-code>602</status-code>
<status-date>20040621</status-date>
<mark-identification>&#165;&#191;$</mark-identification>
<mark-drawing-code>5000</mark-drawing-code>

The escape sequence &#191; is an 'Inverted Question Mark', this application is supposed to have a 'Euro' symbol displayed at that location:

(words only): ¥€$

Please look at TARR for the correct mark-identification text: http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=76520716&action=Request+Status

03/02/2005: The escape sequence &#128; will be present for the 'Euro' symbol.

Control #177

The <attorney-name> element is not present for all “C” records beginning the 1st of December 2004.

03/02/2005 – A supplemental corrected file will be disseminated.

Control #179

I checked the status file against the data we received in December and the Monthly Status File had 111 status dates updated on December 5th, 2004, yet the XML "C" daily for the 5th of December contained NO Serial Numbers. They are included in the list below.

The status file also contained 19 Serial Numbers which had their status updated on December 16th, 2004, we have never received any XML "C" daily data to update those. They are also included in the list below.

A list of Serial Numbers is attached with our current transaction date, and status date which contains the value from the monthly status file. The transaction date should be greater than or equal to the status date received in the monthly status. The list is sorted by STATUS_DATE, SERIAL_NUMBER.

03/02/2005 – A supplemental corrected file will be disseminated.

Control #188

We have found some additional issues with the latest common Serial Numbers were compared between the apc050112.xml and the recent Trademark-Applications "B" file named apb050113.xml.

1. The <intent-to-use-current-in> field (which is part of the <case-file-header> field) does not always have the correct value in the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 76977325 contains an <intent-to-use-current-in> field (which is part of the <case-file-header> field) where the value is "F”.

For the same Serial Number in the apc050112.xml file described above, the <intent-to-use-current-in> field contains the value “T” instead. The same issue occurs for a number of other Serial Numbers (i.e. 78344574, 78345797) that are found in both of the Trademark-Applications files described above.

2. The entire <case-file-owner> group field (which is part of the <case-file-owners> field) for certain <party-type> field values (i.e. 11, 21, 32, 41, 42, etc.) is sometimes being excluded from the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 76976499 contains a <case-file-owner> group field (which is part of the <case-file-owners> field) where the <party-type> field value is 11. For the same Serial Number in the apc050112.xml file described above, a <case-file-owner> group field where the <party-type> field value is 11 does not exist. A <case-file-owner> group field where the <party-type> field value is 11 also does not exist for a number of other Serial Numbers (i.e. 78152486, 78153333) in the apc050112.xml file described above. This issue where the entire <case-file-owner> group field is missing in the apc050112.xml file described above also occurs for a number of Serial Numbers with other <party-type> field values like 21 (i.e. 75982652, 75983187, 78093660), 32 (i.e. 75264264, 75327931, 73514267), 41 (i.e. 74495669, 73415979), 42 (i.e. 74229344), and even 10 (i.e. 79004805).

3. The <correspondent> field information that is found in the latest Trademark-Applications "C" files does not always match up to the appropriate <case-file-owner> group field information (where the <party-type> field value is 70) that is found in the latest Trademark-Applications "B" files.

For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 78975770 contains the following <case-file-owner> group field information where the <party-type> field value is 70:

<case-file-owner>
<name-1>KENNETH L. MITCHELL</name-1>
<name-2>WOODLING KROST &#38; RUST</name-2>
<name-3>9213 CHILLICOTHE ROAD</name-3>
<party-type>70</party-type>
<address-1>KIRTLAND, OHIO 44094</address-1>
</case-file-owner>

For the same Serial Number in the apc050112.xml file described above, the correspondent> field information is:

<correspondent>
<address-1>Enginuity, Inc.</address-1>
<address-2>77 Taylor Street</address-2>
<address-3>Needham MA 02494</address-3>
</correspondent>

The same issue occurs for a number of other Serial Numbers (i.e. 74383290, 76459453) that are found in both of the Trademark-Applications files described above.

4. The <mark-identification> field (which is part of the <case-file-header> field) does not always have the correct value in the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 78312766 contains a <mark-identification> field (which is part of the <case-file-header> field) where the value is "AL AND DESIGN”. For the same Serial Number in the apc050112.xml file described above, the <mark-identification> field contains the value “AL” instead. The same issue occurs for some other Serial Numbers (i.e. 78312776, 78312783) that are found in both of the Trademark-Applications files described above.

5. The <mark-drawing-code> field (which is part of the <case-file-header> field) does not always have the correct value in the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 78318065 contains a <mark-drawing-code> field (which is part of the <case-file-header> field) where the value is "4000”. For the same Serial Number in the apc050112.xml file described above, the <mark-drawing-code> field contains the value “1000” instead. The same issue occurs for some other Serial Numbers (i.e. 76597174, 76584222, 79004805) that are found in both of the Trademark-Applications files described above. We also noticed that in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 79004805 (which is referenced above) contains a <filing-date> field (which is part of the <case-file-header> field) where the value is "20040714”, and this Serial Number also contains a <design-searches> group field. For the same Serial Number in the apc050112.xml file described above, both a <filing-date> field (which is part of the <case-file-header> field) and a <design-searches> group field do not exist.

6. The <nationality> field (which is part of the <case-file-owner> group field) does not always have the correct value in the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 78312766 contains a <nationality> field (which is part of the <case-file-owner> group field) where the value is "DE”. For the same Serial Number in the apc050112.xml file described above, the <country> portion of the <nationality> field contains the value “US” instead.

The same issue occurs for some other Serial Numbers (i.e. 78312776, 78312783, 78312836, 78312843) that are found in both of the Trademark-Applications files described above.

7. Both the <first-use-anywhere-date> field and the <first-use-in-commerce-date> field (which are both part of the <classification> field) do not always have the correct value in the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 78271477 contains a <first-use-anywhere-date> field (which is part of the <classification> field) where the value is "20030501”, and this Serial Number also contains a <first-use-in-commerce-date> field (which is also part of the <classification> field) where the value is "20030501”. For the same Serial Number in the apc050112.xml file described above, both the <first-use-anywhere-date> field and the <first-use-in-commerce-date> field contain the value “0” instead. The same issue occurs for some other Serial Numbers (i.e. 76533474, 76510343) that are found in both of the Trademark-Applications files described above.

8. The <published-for-opposition-date> field (which is part of the <case-file-header> field) is sometimes being excluded from the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 78273453 contains a <published-for-opposition-date> field (which is part of the <case-file-header> field) where value is "20050222”. For the same Serial Number in the apc050112.xml file described above, a <published-for-opposition-date> field does not exist.

A <published-for-opposition-date> field also does not exist for some other Serial Numbers (i.e. 76478417, 76146264) in the apc050112.xml file described above.

9. The Disclaimer with Predetermined Text is sometimes being excluded from the latest Trademark-Applications "C" files. The Disclaimer with Predetermined Text is found in the <text> field for the occurrence of the <type-code> field where the first two characters are equal to "D1" for the appropriate <case-file-statement> field. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 78282897 contains a Disclaimer with Predetermined Text (where the value is: CLINICAL ENGINEERING) that is found in the <text> field for the occurrence of the <type-code> field where the first two characters are equal to "D1" for the appropriate <case-file-statement> field. For the same Serial Number in the apc050112.xml file described above, the <type-code> field where the first two characters are equal to "D1" for the appropriate <case-file-statement> field does not exist. The same issue occurs for some other Serial Numbers (i.e. 78415107) that are found in the apc050112.xml file described above.

10. Some of the fields (i.e. <us-code-total-no>, <international-code>, <us-code>, <primary-code>) that are part of the <classification> group field do not always have the correct value in the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 76582711 contains the following <classification> field information:

<classification>
<international-code-total-no>01
</international-code-total-no>
<us-code-total-no>03</us-code-total-no>
<international-code>040</international-code>
<us-code>106</us-code>
<us-code>103</us-code>
<us-code>100</us-code>

<status-code>6</status-code>
<status-date>20040409</status-date>
<first-use-anywhere-date>20030901</first-use-
anywhere-date>
<first-use-in-commerce-date>20030901</first-use-in-
commerce-date>
<primary-code>040</primary-code>
</classification>

For the same Serial Number in the apc050112.xml file described above, the <classification> field
information is:

<classification>
<international-code-total-no>1</international-code-total-no>
<us-code-total-no>2</us-code-total-no>
<international-code>042</international-code>
<us-code>100</us-code>
<us-code>101</us-code>

<status-code>6</status-code>
<status-date>20040409</status-date>
<first-use-anywhere-date>20030901</first-use-
anywhere-date>
<first-use-in-commerce-date>20030901</first-use-in-
commerce-date>
<primary-code>042</primary-code>
</classification>

Above, you will notice the differences (in bold) for the <us-code-total-no> field, the <international-code> field, the <us-code> field, and the <primary-code> field (which are all part of the <classification> group field). The same issue occurs for a number of other Serial Numbers (i.e. 76588879, 78356072) that are found in both of the Trademark-Applications files described above.

11. The <section-8-filed-in> field (which is part of the <case-file-header> field) does not always have the correct value in the latest Trademark-Applications “C” files. For example, in the recent Trademark-Applications “B” file named apb050113.xml, Serial Number 75526462 contains a <section-8-filed-in> field (which is part of the <case-file-header> field) where the value is “T”. For the same Serial Number in the apc050112.xml file described above, the <section-8-filed-in> field contains the value “F” instead. The same issue occurs for a number of other Serial Numbers (i.e. 75359877, 75362336) that are found in both of the Trademark-Applications files described above.

12. The <dba-aka-text> field (which is part of the <case-file-owner> group field) is sometimes being excluded from the latest Trademark-Applications “C” files. For example, in the recent Trademark-Applications “B” file named apb050113.xml, Serial Number 74721969 contains a <dba-aka-text> field (where the value is “DBA Revetment Systems”) for the <case-file-owner> group field where the Party Type is equal to 10. For the same Serial Number in the apc050112.xml file described above, the <dba-aka-text> field does not exist for the <case-file-owner> group field where the Party Type is equal to 10. The same issue occurs for a number of other Serial Numbers (i.e. 74361942, 74362494, 74301891) in the apc050112.xml file described above.

13. The <renewal-date> field (which is part of the <case-file-header> field) is sometimes being excluded from the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 74503540 contains a <renewal-date> field (which is part of the <case-file-header> field) where value is "20050919”.

For the same Serial Number in the apc050112.xml file described above, the <renewal-date> field does not exist. The <renewal-date> field also does not exist for a number of other Serial Numbers (i.e. 74471629, 73520044) in the apc050112.xml file described above. We also noticed that in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 72450787 contains a <renewal-date> field (which is part of the <case-file-header> field) where the value is "20050513”. For the same Serial Number in the apc050112.xml file described above, the <renewal-date> field contains the value “19950513” instead.

14. The <entity-statement> field (which is part of the <case-file-owner> group field) is sometimes being excluded from the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 74498566 contains an <entity-statement> field (where the value is "NOT-FOR-PROFIT CORPORATION") for the <case-file-owner> group field where the Party Type is equal to 10 (and the <legal-entity-type-code> field is equal to 99). For the same Serial Number in the apc050112.xml file described above, the <entity-statement> field does not exist for the <case-file-owner> group field where the Party Type is equal to 10. The same issue occurs for some other Serial Numbers (i.e. 74354761) in the apc050112.xml file described above.

15. Some of the address related fields (i.e. <address-1>, <city>, <postcode>) that are part of the <case-file-owner> group field do not always have the correct value in the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml,

Serial Number 78120762 contains the following <case-file-owner> group field information where the Party Type is equal to 20:

<case-file-owner>
<entry-number>01</entry-number>
<nationality>MN</nationality>
<name-1>AbleNet, Inc.</name-1>
<party-type>20</party-type>
<address-1>2808 Fairview Avenue N.</address-1>
<city>Roseville</city>

<state>MN</state>
<postcode>55113</postcode>
<legal-entity-type-code>03</legal-entity-type-code>
</case-file-owner>

For the same Serial Number in the apc050112.xml file described above, here is the <case-file-owner> group field information where the Party Type is equal to 20:

<case-file-owner>
<entry-number>1</entry-number>
<party-type>20</party-type>
<nationality>
<state>MN</state>
</nationality>
<legal-entity-type-code>03</legal-entity-type-code>
<party-name>AbleNet, Inc.</party-name>
<address-1>1081 Tenth Avenue SE</address-1>
<city>Minneapolis</city>

<state>MN</state>
<postcode>554141312</post>
</case-file-owner>

Above, you will notice the differences (in bold) for the <address-1> field, the <city> field, and the <postcode> field (which are all part of the <case-file-owner> group field). The same issue occurs for some other Serial Numbers (i.e. 78367032) that are found in both of the Trademark-Applications files described above.

Control #192

In addition to the list of issues that I sent you above, we have found some more issues with the latest Trademark-Applications “C” files. To find the issues described below, over 5000 common Serial Numbers were compared between the recent Trademark-Applications "C" file named apc050112.xml and the recent Trademark-Applications "B" file named apb050113.xml.

16. The <registration-number> field (which is part of the <foreign-application> group field) does not always have the correct value in the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 78154454 contains a <registration-number> field (which is part of the <foreign-application> group field) where the value is "TMA609755”. For the same Serial Number in the apc050112.xml file described above, the <registration-number> field contains the value “TMA609782” instead. The same issue occurs for some other Serial Numbers (i.e. 78154455) that are found in both of the Trademark-Applications files described above.

17. The <registration-date> field (which is part of the <foreign-application> group field) does not always have the correct value in the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 76513126 contains a <registration-date> field (which is part of the <foreign-application> group field) where the value is "20030502”. For the same Serial Number in the apc050112.xml file described above, the <registration-date> field contains the value “20030520” instead.

18. The <country> field (which is part of the <foreign-application> group field) does not always have the correct value in the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 78225115 contains a <country> field (which is part of the <foreign-application> group field) where the value is "EMX”. For the same Serial Number in the apc050112.xml file described above, the <country> field contains the value “ ” instead.

19. The <first-refusal-in> field (which is part of the <international-registration> group field) does not always have the correct value in the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 79003117 contains a <first-refusal-in> field (which is part of the <international-registration> group field) where the value is "T”. For the same Serial Number in the apc050112.xml file described above, the <first-refusal-in> field contains the value “F” instead.

20. The Section 2(f) Limitation Statement is sometimes being excluded from the latest Trademark-Applications "C" files. The Section 2(f) Limitation Statement is found in the <text> field for the occurrence of the <type-code> field where the first two characters are equal to "TF" for the appropriate <case-file-statement> field. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 76563656 contains a Section 2(f) Limitation Statement (where the value is: As to "BONE &#38; JOINT HOSPITAL" and the CROSS DESIGN) that is found in the <text> field for the occurrence of the <type-code> field where the first two characters are equal to "TF" for the appropriate <case-file-statement> field. For the same Serial Number in the apc050112.xml file described above, the <type-code> field where the first two characters are equal to "TF" for the appropriate <case-file-statement> field does not exist.

21. The Translation of Words in Mark field is sometimes being excluded from the latest Trademark-Applications "C" files. The Translation of Words in Mark field is found in the <text> field for the occurrence of the <type-code> field where the first two characters are equal to "TR" for the appropriate <case-file-statement> field. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 76552926 contains a Translation of Words in Mark field (where the value is: The English translation of the Cantonese language wording "KAM WAH"is "Gold and Brilliance.") that is found in the <text> field for the occurrence of the <type-code> field where the first two characters are equal to "TR" for the appropriate <case-file-statement> field. For the same Serial Number in the apc050112.xml file described above, the <type-code> field where the first two characters are equal to "TR" for the appropriate <case-file-statement> field does not exist.

22. The Certification Mark Statement is sometimes being excluded from the latest Trademark-Applications "C" files. The Certification Mark Statement is found in the <text> field
for the occurrence of the <type-code> field where the first two characters are equal to "CS" for the appropriate <case-file-statement> field. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 76467643 contains a Certification Mark Statement (where the value is: The certification mark, as intended to be used by authorized persons, is intended to certify pillows, soft furnishings and accessories therefor, window treatments, bedding and accessories therefor, floor covering; toys, and buildings, and rooms and areas of a building that meet prescribed standards.) that is found in the <text> field for the occurrence of the <type-code> field where the first two characters are equal to "CS" for the appropriate <case-file-statement> field. For the same Serial Number in the apc050112.xml file described above, the <type-code> field where the first two characters are equal to "CS" for the appropriate <case-file-statement> field does not exist.

23. Both the <supplemental-register-in> field and the <supplemental-register-amended-in> field (which are both part of the <case-file-header> field) do not always have the correct value in the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 76510343 contains a <supplemental-register-in> field (which is part of the <case-file-header> field) where the value is "T”, and this Serial Number also contains a <supplemental-register-amended-in> field (which is also part of the <case-file-header> field) where the value is "T”.

For the same Serial Number in the apc050112.xml file described above, both the <supplemental-register-in> field and the <supplemental-register-amended-in> field contain the value “F” instead.

24. The <amend-to-register-date> field (which is part of the <case-file-header> field) is sometimes being excluded from the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 76510343 contains an <amend-to-register-date> field (which is part of the <case-file-header> field) where the value is "20050105”. For the same Serial Number in the apc050112.xml file described above, the <amend-to-register-date> field does not exist.

25. Some of the fields (i.e. <address-2>) that are part of the <correspondent> group field are missing commas in the latest Trademark-Applications "C" files. For example, in the recent Trademark-Applications "B" file named apb050113.xml, Serial Number 76545631 contains a <name-2> field (which is part of the <case-file-owner> group field where the Party Type is equal to 70) where the value is "Alonso, Andalkar &#38; Kahn, P.C.”. For the same Serial Number in the apc050112.xml file described above, the <address-2> field (which is part of the <correspondent> group field) contains the value “ALONSO ANDALKAR &amp; KAHN P.C.” instead. For the value of this <address-2> field, you will notice that two commas are missing from the text.

03/02/2005 - Control #’s 188 and 192 above have been explained and resolved to the inquirer’s satisfaction.

Note: Errors found in items 12 and 14 above were corrected in the Daily file dated February 10,2005.

Control #198

Serial No. 78/547820 has a very erroneous Design Search Code of: BNKAN TUS C MPNY.2 260SLI
260513 260521

03/02/2005: A correction will be applied.

Control #199

Bad dates exist in the <first-use-anywhere-date>, <first-use-in-commerce-date> and <date> elements.

Here are some examples:

<first-use-in-commerce-date>00011215</first-use-in-commerce-date>
<first-use-in-commerce-date>02000911</first-use-in-commerce-date>
<first-use-in-commerce-date>02010500</first-use-in-commerce-date>
<date>06030106</date>
<first-use-in-commerce-date>09980101</first-use-in-commerce-date>
<first-use-anywhere-date>00211122</first-use-anywhere-date>
<first-use-in-commerce-date>00021122</first-use-in-commerce-date>
<first-use-anywhere-date>0</first-use-anywhere-date>
<first-use-anywhere-date>00000000</first-use-anywhere-date>

03/02/2005: We acknowledge that these bad dates to exist. It is a data content problem and are corrected as the records require an update.

Control #200

Open Issues for the "C" version

1. Reference the APC file for 01/10/2005 there are transaction records that contain an <action-key> of "00" - (Published for Opposition). These records do not have a <published-for-opposition-date>. The <status-code> for all of these records is "692" (Withdrawn from Publication).

It was reported in Control #181 that these records were disseminated correctly. They were planned for publication and were withdrawn, hence the status of 692 and no published for opposition date.

How can an Official Gazette transaction of (Published for Opposition) also be withdrawn in the same record?

Shouldn't these contain an action-key of "TX"?

2. Also referencing the APC file for 01/10/2005 there are transaction records that contain an <action-key> of '10' (Registration, Principal Register) with no <registration-date> provided and there are transaction records that contain an <action-key> of '15' (Registration, Principal Register) with no <registration-date> provided.

3. Again referencing the APC file for 01/10/2005 there are transaction records (7199293 and 71462176) that contain a <status-code> "700" (Registered) with a <renewal-date> present.

Shouldn't a renewal <status-code> be "800"?

03/02/2005: These items are under investigation.

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