July 23, 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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"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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07/23/2004:

The week ending 07/23/2004 all Trademark Daily files were available, through the FTP environment, in a timely manner.

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Status of Inquiries:

07/23/2004:

Closed: Control #64, #66, #67, #68, #69, #71 and #74

In Process:

Control #61 - Identifies the requirements for the Daily Application File to support the appropriate information that is present on the TESS and TARR data bases.

Control #72 – Expired serial numbers reappearing on the Daily Application XML file and the TARR data base.

Control #73 - Paper submissions of amended 78 series (original electronically filed) full-page drawings appear in the daily Trademark 24 Hour Box.

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Inquiry - 06/25/2004: (Control #61)

Requirements for the Daily Application File to support the appropriate information that is present on the TESS and TARR data bases:

*Include the Madrid Protocol Information that is present for U.S. Applications/Registrations that are requesting protection through the International Bureau (IB) – (Allowing for multiple occurrences and Madrid History).

*Use of the 2-position country code as defined by the World Intellectual Property Organizational (WIPO) Standard ST. 3.

*Provide all status code changes on a daily basis that are now only received in the Monthly Status File.

*Include an Abandonment-Date field – New 07/23/2004.

*Include a Date-In-Location field – New 07/23/2004.

07/23/2004:

This requirement continues to be analyzed to ensure that everything is being covered. A schedule for deployment/parallel and production will be announced ASAP.

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Inquiry - 06/22/2004: (Control #64)

We noticed in the applications daily xml files for 040625 and 040628, country codes not specified in your documentation:

apb040625.xml:
JAX - SNs (79002742, 79002760, 79002768, 79002777)
SWX - 75033908

apb040628.xml:
DRX - SNs (76597151, 76597152)
DTX - SNs (76597317, 76597318)

Please let us know if these are key entry errors, new codes or changed codes.

07/23/2004:

Only country codes that are present in WIPO STANDARD ST. 3 will be used in the Daily Application XML file. Applications that contained invalid country codes will be corrected.

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Inquiry - 07/08/2004: (Control #66)

We received the following in the Monthly Contractors Report that accompanies the Monthly Status File:

ABANDONMENT REPORT

SERIAL NUMBER: 78/436272
FILING DATE: 06/16/2004
STATUS: 601
ABANDONMENT DATE: 06/25/2004
MARK: UNITED BMW

The abandonment date we receive in the status file is put into the cancellation-date element of the XML schema since I don't have anywhere else to store it and the status file documented that date column as a cancellation date. When the document is received again from the USPTO daily feed the abandonment date (which I store in the cancellation-date element) is wiped out as you have no place to store it inside the XML schema. Could this (abandonment-date) be added to the new schema?

07/23/2004:

The Abandonment Date field has been included in the new requirements for the Daily Application XML file – Control #61.

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Inquiry - 06/09/2004: (Control #67)

The following serial number appears with 2 different country codes for Japan. Which one is correct?

Serial No.: 79/002760

<case-file-owner>
<entry-number>01</entry-number>
<nationality>JAX</nationality>
<name-1>Idemitsu Kosan Co., Ltd.</name-1>
<party-type>10</party-type>
<address-1>1-1, 3-chome, Marunouchi,</address-1>
<address-2>Chiyoda-ku; Tokyo 100-8321</address-2>
<country>JPX</country>
<legal-entity-type-code>99</legal-entity-type-code>
<entity-statement>Company limited</entity-statement>
</case-file-owner>

07/23/2004:

Only country codes that are present in WIPO STANDARD ST. 3 will be used in the Daily Application XML file. Applications that contained invalid country codes will be corrected.

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Inquiry - 07/12/2004: (Control #68)

The following data is not disseminated by the USPTO but is available on TARR:

Date In Location: 2004-04-27

We do however receive the following information in the current XML schema:

Current Location: L6D -TMEG Law Office 106 - Docket Clerk

07/23/2004:

The Date In Location field has been included in the new requirements for the Daily Application XML file – Control #61.

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Inquiry - 07/12/2004: (Control #69)

Can an updated list of Status Codes be provided status codes? A recent Daily Application XML file contained application 79001699 with a status code of 402. We added this status type after reviewing the application on TARR.

07/23/2004:

Trademark Applications Daily XML DTD Element Documentation (v.12) – Table 1 Trademark Status Codes has been updated to include all new status codes. Reference: TDXF DTD's, Documentation, and Sample Data.

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Inquiry - 07/13/2004: (Control #71)

There are 2 applications 79/002625 and 79/002834 that share a single International Registration Number 0809661. Is this correct? Why would an international filing be split into more than a single application? We received both of these marks in June 2004.

07/23/2004:

Yes, this is correct. An International Registration can cover many International classes; In this example the applicant divided the many classes of goods and services between the 2 separate applications. There are many reasons to do this, for example, perhaps the applicant is anticipating a refusal with respect to some goods, but not others. Filing separately would allow one application to register quickly, while the other one continues to be examined.

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Inquiry - 07/13/2004: (Control #72)

We continue to see long expired serial numbers come back under newly derived serial numbers but stripped of meaninful data, i.e. trademark, goods, owner etc.

Another example is original application 72383452, filed 2/10/1971 with registration number 929951. This record came in as serial number 81929951. Viewing the record on TARR, the record is virtually empty with the exception of assignment links.

07/23/2004:

This latest inquiry concerning old cancellations reappearing with an "8" was initially closed on 05/07/2004 as Control #44.

This new inquiry has been forwarded to the appropriate Trademark area for resolution.

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Inquiry - 07/13/2004: (Control #73)

In an effort to make the daily Trademark 24 Hour Box files for July 12, 2004 and July 13, 2004 available it was identified that paper submissions of 78 series amended full-page drawings appear in the daily Trademark 24 Hour Box. It had been previously documented that 76 series drawings were the only paper submission.

07/23/2004:

The appropriate trademark area has been asked to place all 76 and 78 series paper submissions of amended drawing in the Amend folder of each daily 24 Hour Box. The Trademark 24 Hour Box documentation will be updated to show the appearance of 78 series paper submissions of amended drawings.

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Inquiry - 07/15/2004: (Control #74)

In the Daily Application file apb040714, there is a record 78447494, where the goods has information included that appears to be an email and other Serial Number information. This is also present on TARR in the same manner.

07/23/2004:

The application 78447494 was corrected July 17, 2004.

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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