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

August 10, 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:

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:

8/10/2005

The entire Data Center has been moved to the new Alexandria campus. The USPTO is striving to ensure that all files for dissemination are available in a very timely manner to include proper date sequence over weekends.

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Status of Inquiries:

08/10/05

Opened:

Control #226, #235, #238

Closed:

Control #223, #227, #228, #229, #230, #231, #232, #233, #234, #237

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Control #223:

We have a question in regards to the following serial number 73-376,873. We received the USPTO Status Code of 710 and a cancellation-date of February 12, 2005. We have not however, received this record with an action-key of '53'.

On TARR you have that the record status as Registration canceled under Section 8. As well you have within the prosecution history 2005-02-12 - Canceled Section 8 (10-year)/Expired Section 9. We have the information from the Prosecution History, but this never has come into us as an official gazette transaction as Cancelled. I have looked at all the gazettes from the 2/15 to present and it does not appear in any of them. When the mark is Canceled Section 8 (10-year)/Expired Section 9, will we receive the information as an official gazette transaction (action-key of '53')? Could you let us know when this will be published in the Official Gazette?

Application serial number 73-376,873 was corrected and disseminated on May 24, 2005

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Control #226:

The character > is not being represented correctly inside the Applications XML daily file. We are receiving the following: <mark-identification>&amp;gt;&lt;</mark-identification>

This should be: <mark-identification>&gt;&lt;</mark-identification>

You can verify this mark on TARR which is displayed correctly, the Serial No. is 78/308645. This problem affects all marks (approximately 231) using the > character.

The Euro dollar symbol will now be disseminated as &#8364. Other special characters are being further investigated to determine a data content problem.

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Control #227:

There have been instances in the apc files that appear to have duplicate international information.

One instance below (sn 74634397). The TARR version provides a more visually friendly representation.

Note that 2 registration numbers are associated with the same USPTO reference number. Also note the similarity in each record. I've placed asterisks next to the fields showing different information.

The latest documentation in our possession states that 0 or 1 Madrid International Filing Record will appear in the International Registration section, yet the apc record shows 2.

The other record, appearing in (apc050526.xml),sn 75807826, follows the exact same pattern.

We don't know how to interpret these occurrences. Is this error, anomalies, or is there another explanation?

Cited (5/27/05) from TARR - SN 74634397
________________________________________
MADRID PROTOCOL INFORMATION
________________________________________
USPTO Reference Number: Z1230089
International Registration Number: 0820260 *****
International Registration Date: 2003-11-18
Original Filing Date with USPTO: 2003-11-18
International Registration Status: Application For IR Registered By IB
Date of International Registration Status: 2004-04-01 *****
International Registration Renewal Date: 2013-11-18
Irregularity Reply by Date: (DATE NOT AVAILABLE)

Madrid History:
02-17-2005 - 18:04:08 - Change In Ownership Notification Received From IB
04-08-2004 - 16:00:06 - Application For IR Registered By IB
11-20-2003 - 11:10:37 - Manually Certified
11-20-2003 - 10:04:22 - New Application For IR Received

USPTO Reference Number: Z1230089
International Registration Number: 0820260A *****
International Registration Date: 2003-11-18
Original Filing Date with USPTO: 2003-11-18
International Registration Status: Application For IR Registered By IB
Date of International Registration Status: 2004-12-16 *****
International Registration Renewal Date: 2013-11-18
Irregularity Reply by Date: (DATE NOT AVAILABLE)

Madrid History:
02-17-2005 - 18:04:08 - Change In Ownership Notification Received From IB
04-08-2004 - 16:00:06 - Application For IR Registered By IB
11-20-2003 - 11:10:37 - Manually Certified
11-20-2003 - 10:04:22 - New Application For IR Received

The holder of an international registration may sell all or part of his mark in all or some of his countries. When he does that the IB will create a new international registration number by appending a letter on to it.

For example, holder 1 has mark that he has extended into Germany and France and Switzerland. He can sell the rights to use his mark in France to holder 2. That ownership of the French portion of the mark would get a new international registration number ending with an A. If he then sells his ownership to holder 3 of his rights into Switzerland that would receive a B.

All three international registrations came from the original USPTO reference number and were all based on the same national serial number's). Therefore we keep all of this information because if something happens that we have to notify the international bureau about we need to tell them for all three international registrations.

Please note: Madrid International Filing Record do not appear in the International Registration section, its found in the Madrid International Filing Request section and will occur 1 or more times.

The International-Registration section is for filings received from the International Bureau for protection in the US (79 series code) which may occur 0 or 1 time (as represented by the symbol ? at the end of the tag in the case-file group)

Information furnished from the trademark business area is that only one international registration number can be associated with a distinct US 79 series code/serial number)

The Madrid-International-Filing-Request section is for filings being sent to the International Bureau which may occur 0 or 1 time (as represented by the symbol ? at the end of the tag in the case-file group.

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Control #228:

I have a question regarding whether a trademark application includes a reference to an image. I have found that marks with a mark-drawing-code equal to 4000 can have an image. Position 1 of the mark-drawing-code states that the value 4 is a 'Standard Character Mark'. I had been using position 1 of the mark-drawing-code so we can inform the user whether a design exists for the trademark application, we are thinking it might be related to the value of <standard-characters-claimed-in> which can be "T" or "F".

It seems from our investigation that if the "standard-characters-claim-in" is "F" then no design is present and if it is "T" then a design is present for the application.

I have checked the mark drawing code description on TESS according to the rules stated in the documentation and have found it is not being applied correctly when the first position is "4".

The documentation states the following:

The <mark-drawing-code> element is optional and occurs zero or one times between the <mark-drawing-code> start and </mark-drawing-code> end tags containing the MARK DRAWING CODE, a four-position alphanumeric field. The first position identifies the physical characteristics of the mark.

For applications prior to November 2, 2003
Position 1	Physical Appearance
1	Typeset: Word(s)/letter(s)/number(s)
2	Illustration: Drawing or design without any word(s)/letter(s)/ number(s)
3	Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
4	Illustration: Drawing with word(s)/letter(s)/number(s) in Block form
5	Illustration: Drawing with word(s)/letter(s)/number(s) in Stylized form
6	Where no drawing is possible, such as for sound

 

For all applications filed on or after 11/2/2003:
Position 1	Physical Appearance
1	No longer used
2	Illustration: Drawing or design without any word(s)/letter(s)/ number(s)
3	Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
4	Standard character mark
5	Illustration: Drawing with word(s)/letter(s)/number(s) in Stylized form
6	Where no drawing is possible, such as for sound

If I perform a search on TESS for ( 4[MD] AND 'FD < 20031102 ) and look at serial number 78/183437 it is displayed with Mark Drawing Code (4) Standard Character Mark which is incorrect, the title should be Mark Drawing Code (4) Illustration: Drawing with word(s)/letter(s)/number(s) in Block form as the mark was filed November 9th, 2002. TARR does not display that particular title so it is not affected.

Serial Number 78/183437 has been corrected.

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Control #229 and #233:

Could you please clarify why there were so many property entries for reel/frame 3085/0619 in the asb050524 daily assignment file?

The assignment owner elected to provide one with the serial number and one with the registration number for the same trademark (even though the USPTO specifically ask them not to provide both) and appropriate fees were paid for each.

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Control #230:

New Status Codes (659 and 660) are present in the daily application “C” file that are not identified in the daily application “C” documentation.

The Trademark Applications Daily “C” documentation (v2.0-07152005) has been updated to include:

659 – Subsequent Final Refusal Counted Not Mailed
660 – Subsequent Final Mailed

Please reference: TDXF DTD's, Documentation, and Sample Data

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Control #231:

There are numerous records, with an Action-Key “NA” received multiple times in the daily application “C” file.

Serial Number 76640608, action-key “NA” was received in the Sunday, apc050624 and again in the Monday, apc050625

Data is extracted for the daily application file “C” based on the last modified date and status value. Once a record is determined to meet the conditions for extraction the value of a USPTO internal flag is used to determine if it should be in the "NA" action-key section, if the flag is false it is placed into the "TX" action-key section it is true it is placed into the "NA" action-key section. Programmatically we cannot determine (during program execution) if a record was previously disseminated in an "NA" category or not.

To place a record into the NA category, the internal flag must be set to true. Due to Trademark processing business needs, records with the flag = true within a given week are not reset to false until Monday morning when a weekly internal TRADEMARK process is executed. So an application(s) with the internal flag set to true on Monday would be extracted on Monday and any other day for the next 6 days, as an action-key “NA”, if
the last-modified-date changes (such as in the example 76640608 cited above). In other words all records extracted for the week (Monday through Sunday in an NA category should be re-extracted on Monday night and placed into a TX action key category because the flag is being updated causing the last-modified-date to be updated.

If an application record is modified but the internal flag = false, that record would be extracted into a TX action key and if the internal flag is later (on a different date) set to true the record would be placed into the "NA" action-key category.

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Control #232:

The daily TTAB XML file (tt050714.xml has a 6-position transaction date.

This one time occurrence has been corrected and should not be repeated.

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Control #233:

Please note: #233 was closed with #299 above.

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Control #234:

78528250 through 78528624 were never included in any APB file. We believed that in generating the file apb041216 these designated new applications were excluded.

This range of new applications will be present on the latest Trademark Retrospective Applications (Live+Dead)/XML file that contains all live trademarks through March 31, 2005 and disseminated the first week of April 2005.

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Control #235:

The 24 Hour Box file – HR050721 – requires a new DTD version 3.0, dated 20050630 to support the Fastrack filings for base applications of TeasPlus.

1. Should there also be 4 other new DTD’s to support

a. Trademark/Service Mark Applications
b. Certification Mark Applications
c. Collective Trademark/Service Mark Applications
d. Collective Membership Applications

The new DTD version 3.0, dated 20050630 is located at: Trademark Daily Application Image 24 Hour Box – DTD’s and Sample Files - 24HrBox.zip.

Additional DTD’s to support items a,b,c and d above will be provided prior to them being placed into production.

Information in the DTD’s that is for internal USPTO use will be identified as such.

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Control #237:

A carriage return appeared inside tt050726.xml, this not supposed to occur.

The bad line is highlighted in red.

<proceeding-entry>
<number>91166016</number>
<type-code>OPP</type-code>
<filing-date>20050720</filing-date>
<party>
<identifier>362676</identifier>
<role-code>P</role-code>
<name>London Kilt Inc. and
Muelhens GmbH &amp; Co. KG</name>
<property-information>
<property>
<identifier>322838</identifier>
<serial-number>75763062</serial-number>
<registration-number>2541143</registration-number>
<mark-text>NAOMI CAMPBELL</mark-text>
</property>
</property-information>
<address-information>
<proceeding-address>
<identifier>511929</identifier>
<type-code>C</type-code>
<name>LEON MEDZHIBOVSKY, ESQ.</name>
<orgname>FULBRIGHT &amp; JAWORSKI L.L.P.</orgname>
<address-1>666 FIFTH AVENUE</address-1>
<city>NEW YORK</city>
<state>NY</state>
<postcode>10103</postcode>
</proceeding-address>
</address-information>
</party>

This carriage return character is erroneous data content and referred to the Trademark Operations Area for correction.

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Control #238:

The Trademark Applications Daily “C” documentation (v2.0-07152005) has been updated to include:

<notification-date>	The <notification-date> element is optional and occurs zero or one times between the start tag <notification-date-uspto> and end tag </notification-date> and contains an 8-position numeric date in the format YYYYMMDD. This is the date on which the filing was received in the United States Patent and Trademark Office from the International Bureau.
</notification-date>

This new tag <notification-date> within the International Registration Selection represents notification regarding the incoming request for filing of a USPTO application based on an international registration.

An announcement will be made prior to this date be placed in the DTD and subsequently into production. Please reference – page –34-: TDXF DTD's, Documentation, and Sample Data.

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

Ed Johnson	Jazmin Stanback
Office of Electronic Information Products	Office of Electronic Information Products
(571) 272-5471	(571) 272-5477
(571) 273-0110 Fax	(571) 273-0110 Fax
Ed.Johnson@uspto.gov	Jazmin.Stanback@uspto.gov