(158) T-Search Printouts as Section 2(d) References
As part of its ongoing automation program, the PTO is pleased to
announce that on or about July 1, 1986, Trademark Examining Attorneys
will use the automated Trademark search system (T-Search) exclusively
for searching word marks. The Examining Attorneys will use computer
printouts to advise applicants about Section 2(d) references. The
printouts will include computer-generated facsimiles of the drawing
where appropriate. The printouts will be used for word marks, whether
the word is depicted in a typed drawing or in stylized form.
Photocopies of certificates of registration will continue to be used
for design marks.
The Patent and Trademark Office, in consultation with the Public
Advisory Committee for Trademark Affairs, has established accuracy
standards for the computerized data. Data elements which are not
essential for examiner searching are being systematically checked and
corrected. The following data elements which are essential for
examiner searching purposes are essentially complete:
1. MARK
2. SERIAL NUMBER
3. REGISTRATION NUMBER
4. FILING DATE
5. REGISTRATION DATE
6. GOODS AND SERVICES
7. INTERNATIONAL CLASS
8. U.S. CLASS
Subject to the above caveat, the printouts will contain all the
information that appears on the certificate of registration with one
exception. If an application for registration was based on Section
44, 15 U.S.C. 1126, the printout will indicate that the registration
or application was filed under the provisions of Section 44 (using
the notation "SECT 44"). The printout will also show the priority
date if the application was filed under the provisions of Section
44(d). However, it will not indicate the country or certificate
number of the foreign registration on which the U.S. registration was
based.
The printouts will also contain additional registration information
which was not provided under the non-automated system, as follows:
A. Change in registration-This will indicate that a registration was
changed after registration, such as by an amendment of the mark or
identification of goods/services. The current information will be
displayed in the printout.
B. Affidavits-This indicates that a Section 8 affidavit of continued
use was accepted, that a Section 15 affidavit of incontestability
was acknowledged, or that a mark was republished under the
provisions of Section 12(c).
C. Renewals-Applicable renewal information, such as "1st Renewal" or
"2nd Renewal" will be shown.
D. Owner-In addition to listing the original registrant, the last
known owner, as the change of ownership is acknowledged by the
Office by virtue of examining an affidavit or renewal, will be
included.
The following provides an explanation of the terms/symbols used in
the printout:
1. Goods or services appearing in double parentheses "(( ))" were not
included in a Section 15 affidavit.
2. Goods or services appearing in brackets "[ ]" were deleted after
registration by amendment, correction, restriction or at the time of
renewal.
3. Dates will appear as year, month and day. For example, June 20,
1983 will appear as 1983.06.20.
4. Goods and services will be indicated with the international class
(IC), the prior U.S. classification (US), the identification, date of
first use and date of first use in commerce.
5. Registrants (OWNER) will be listed showing the owner's name,
entity designation (e.g., individual, partnership, corporation),
country of citizenship or state or country of incorporation, and
address.
6. Pseudo mark-This material is merely a search aid and has no
bearing on the registration information.
7. Design search code-This is also merely an aid for computerized
searching of design marks, by which a number is assigned to describe
a particular design element. It has no bearing on the registration
information.
8. Mark drawing code-This indicates the appearance of the mark, and
again is not part of the registration data. There are six mark
drawing codes.
1-typed drawing
2-design only
3-words, letters and/or numbers and design
4-words, letters and/or number in block form (block letters;
not typed drawing)
5-words, letters and/or numbers in a stylized form
6-sound marks
An example of a computer printout and a facsimile of a stylized word
mark follow.
MARGARET M. LAURENCE,
June 23, 1986. Assistant Commissioner
for Trademarks.
[1068 TMOG 7]