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March 19, 2004
Trademark Daily XML Files - Weekly Status Report
Inquiries can be made to: Ed Johnson at Ed.Johnson@uspto.gov - (703) 306-2621 or Marva Dubar at Marva.Dubar@uspto.gov - (703) 305-1669 or sent to OEIP@uspto.gov.
The following is a status update on new inquiries and outstanding items.
Note: Each inquiry is given a USPTO Control # for tracking purposes.
New This Week:
*The status on the availability of the 2003 Annual Trademark (Retrospective) files is as follows:
-The 2003 Trademark Retrospective Assignment/XML file is available for purchase.
-The 2003 Trademark Retrospective Trial and Appeal Board (TTAB)/XML file is available for purchase.
-The 2003 Trademark Retrospective Live/XML and the Trademark Retrospective Dead/XML files. Note: As of this date (3/19/2004) these files are in the process of being created but are not yet completed.
There are 3 new inquiries in this Weekly Status Report. Reference New Inquiries (Control #34, #33, #32)
Status of current inquiries:
*5 have been resolved. Reference Inquiries (Control #33, #31, #25, #23, #12).
*2 are being analyzed to ensure that valid UTF-8 characters are used. These 2 remain on schedule to be resolved by March 30, 2004. Reference Inquiries (Control #13, #14).
*1 is open that requires software and documentation changes to provide the information as it appears on TESS and TARR (Control #16).
*1 is open is awaiting a policy decision from the Commissioner for Trademarks Office (Control #17).
*1 “The use of Country Codes” is being evaluated with Control #16. Reference Inquiry (Control #21).
*1 is open concerning the content of the 24 Hour Box. Reference Inquiry (Control #30).
*1 is open concerning the fact that text records do not match images (designs). Reference (Control #32).
*1 is open concerning the appearance of an invalid character. Reference Inquiry (Control #34).
Inquiries that have been resolved will have the resolution in black, bold, italicized and underlined.
Any inquiries that require additional research and/or response are considered outstanding inquiries and will appear in red, bold and italicized.
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New Inquiries:
Inquiry – 03/18/2004: (Control #34)
In the tt040317.zip file the following record has  where an apostrophe should be present.
<proceeding-entry>
<number>75909164</number>
<type-code>EXA</type-code>
<filing-date>20020905</filing-date>
<employee-number>0</employee-number>
<interlocutory-attorney-name>SYSTEM
ADMIN</interlocutory-attorney-name>
<location-code>650</location-code>
<day-in-location>06OCT2003, 00:00:00</day-in-location>
<charge-to-employee-name>SYSTEM ADMIN</charge-to-employee-name>
<status-update-date>20020905</status-update-date>
<status-code>9</status-code>
<party-information>
<party>
<identifier>263166</identifier>
<role-code>P</role-code>
<name>ODONNELL, MICHAEL OWEN</name>
<property-information>
<property>
<identifier>247533</identifier>
<serial-number>75909164</serial-number>
<registration-number>0</registration-number>
<mark-text>19TH HOLE</mark-text>
</property>
</property-information>3/19/2004: This has been given to the appropriate area to investigate. A status update will be provided in the next Weekly Status Report of 3/26/2004.
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Inquiry – 03/17/2004: (Control #33)
1. The application file (apb040316) contained approximately 100 records with a Key Action of “NA” (New Application). The only other populated data fields were the “Serial-Number” and the “Mark-Identification”. (Examples are 76575670 and 76575690).
Previously these applications were identified as “misassigned” on the March 6, 2004 Contractor’s Report
Also on TARR these applications appear with the following new Current Status that has never been present before:
“Current Status: Serial number was assigned in error. Please do not use this number to identify any application. You will receive a "Notice of Incomplete Trademark Application"
Why did these applications appear on the Daily Application File of March 16, 2004 when we are still awaiting a “Notice of Incomplete Trademark Application”?
2. In addition the following serial numbers 78373025 through 78373047 appear in the Daily Application File with a Key Action of “NA” (New Application) but no other data. However, these records did appear in the 24-Hr box with Trademark, Goods and Services, Classes, Owner Information.
03/19/2004: This inquiry (Control #33), inquiry (Control #25) dated 02/27/2004 and inquiry (Control #23) dated 03/03/2004 are associated and corrected as follows:
An internal software flag that indicates that an application was provided to the daily application file was prematurely set. This has been corrected and all missing records including some that were defined as misassigned will appear on the daily application file dated March 16, 2004.
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Inquiry – 03/14/2004: (Control #32)
Text records and images (designs) do not match. The following 4 examples are being provided:
1. Serial Number: 76495376
This application was filed February 25, 2003 with an image (design) including a Mark-Identification containing: “V”.
On February 24, 2004 a miscellaneous transaction was received for this application with the Mark-Identification containing “VINNY, THE MEAT- EATING VENUS FLYTRAP”.
Which Mark-Identification is correct?
2. Serial Number: 76280316
This application was filed July 7, 2001 with an image (design only) no Mark-Identification.
On February 19, 2004 a miscellaneous transaction was received for this application that contains a Mark-Identification of: “EMERALD LADY OF HAWAII”.
Which Mark-Identification is correct?
3. Serial Number: 76577551
This application was filed February 17, 2004. The following information was provided as Trademark/Service Mark Information:
(1) “NOT HALF, BUT THE WHOLE NUT – LSU 21 ou 14 – THE TWELFTH MAN”
(2) AND SEE THE ATTACHED GRAPHIC, WHICH IS THE COMPLETE GRAPHIC OF THE VISUAL TRADEMARK AS PER INSTRUCTIONS. THE COCONUT IS PART OF THE VISUAL PROTECTED PROPERTY/MARK.
THE PHRASE (1) AND THE GRAPHIC (2) ARE SUBMITTED FOR TRADEMARK APPLICATION.
It appears that the information in (2) above that describes the graphic has become part of the Word Mark.
4. Serial Number: 78337477
This application was filed on February 12, 2003 with and image (design).
Should the Mark-Identification “MULTIFAXSYSTEM” be a description of the mark and not included as part of the trademark?
3/19/2004: This has been given to the appropriate area to investigate. A status update will be provided in the next Weekly Status Report of 3/26/2004.
~~~
Outstanding Inquiries:
Inquiry – 03/12/2004: (Control #31)
The file abp040311.xml is abruptly truncated after the end of the case-file for serial no 76010320.
At minimum we are missing the following tags:
</action-keys>
</file-segments>
</application-information>
</trademark-applications-daily>At worst we are missing records.
3/19/2004: Serial No. 76011648 caused the truncation problem and was subsequently provided on the daily application file dated March 18, 2004. No other records were missing from the file dated March 11, 2004.
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Inquiry – 03/11/2004: (Control #30)
1. We've noticed something different with the 24 Hour Box. It looks like there are records in the root directory that may belong in the Amended folder -- 75919455 dates back to 2000 -- why would this be considered a Pending Application?
3/19/2004: This remains under investigation. A status update will be provided in the next Weekly Status Report of 3/26/2004.
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2. Also there is a folder TEST which contains 79 series records. Is this something we should expect?
The development staff of the 24 Hour Box is using the TEST folder. That is why you see additional test data there.
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Inquiry – 03/03/2004: (Control #23)
03/11/2004 - An update on the missing records that were reported 03/03/2004. These records that appear in TESS/TARR come staggering in a very untimely manner on the daily application file. They all appear as images in the 24 Hour Box.
78367250 - 78367349 99
78367475 - 78367549 74
78367650 - 78367725 75
78368075 - 78368374 299
78368400 - 78368524 124
78368550 - 78368700 150
78373025 - 78373049 845
76575350 - 76575374 76575500 - 76575674 76575698 - 76575849 76577625 - 76577649 76577675 - 76577699 Sub-total for 76
397
Total missing Serial Numbers: 03/19/2004: This inquiry (Control #23), inquiry (Control #25) dated 02/27/2004 and inquiry (Control #33) dated 03/17/2004 are associated and corrected as follows:
An internal software flag that indicates that an application was provided to the daily application file was prematurely set. This has been corrected and all missing records including some that were defined as misassigned will appear on the daily application file dated March 16, 2004.
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Inquiry – 02/27/2004: (Control #25)
Application 78326480 was never present on the Daily Application file.
Application 78326480 appeared in the Trademark Image 24 Hour Box on December 2, 2003 and on the December 2003 Trademark Monthly Status created and disseminated Tuesday, January 6, 2004.
Why was it never present on the Daily Application file?
03/19/2004: This inquiry (Control #25), inquiry (Control #23) dated 03/03/2004 and inquiry (Control #33) dated 03/17/2004 are associated and corrected as follows:
An internal software flag that indicates that an application was provided to the daily application file was prematurely set. This has been corrected and all missing records including some that were defined as misassigned will appear on the daily application file dated March 16, 2004.
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Inquiry – 02/26/2004: (Control #12)
In the tt040225.zip file, there are three numbers (proceeding-entry) with no property-information. They are 92042952, 91159572 and 91159577. Using BISX on the USPTO website, none of these are available. We've been having about three of these a day within the TTAB daily feed -- they are different proceeding numbers but it is almost a daily occurrence that we see a proceeding number with no property-information present.
Effective 3/19/2004 the software that creates the data that is subsequently placed in the daily XML file has been updated to eliminate these error records.
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Inquiry – 02/05/2004: (Control #13)
Characters such as diacritical marks appear not to be handled properly. In the daily file dated 20040120 two examples (SN 79000127 and SN 7900022) the umlauted lu (ü) and the circumflexed a (â) that appear in
the city names Zürich and Neuchâtel are not provided as ISO entity variables "ü" and "â" respectively. Meanwhile, other characters, such as punctuation, are rendered correctly, e.g. the ampersand "&" is sent as "&".3/19/2004: The Application Daily DTD’s is being analyzed to ensure that valid UTF-8 characters are being used and corrected by March 30, 2004.
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Inquiry – 02/06/2004: (Control #14)
While processing XML File xml\040205\ap040205.xml an invalid UTF-8 character (Unicode: 0x4) was found in the element content of the document.
3/19/2004: The Application Daily DTD’s is being analyzed to ensure that valid UTF-8 characters are being used and corrected by March 30, 2004.
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Inquiry – 11/12/2003: (Control #16)
This inquiry was initially received 11/12/2003. A further clarification (as defined below) of the initially inquiry was received 03/02/2004.
There are fields available on TARR for an Application/Registration that has requested protection into a Madrid Protocol country that do no appear in the current DTD of the daily application file being disseminated. They are:
USPTO Control Number:
Original Filing Date with USPTO:
Date of Last Irregularity:The other data fields included in the Madrid Protocol Information section on TARR are fields that appear in the current DTD of the daily application file being disseminated.
What we'd like is to have this information sent to us in the daily file being disseminated when the application/Registration has been applied for and then updated with the additional Madrid related fields upon BIRTH from the IB.
The second part of the question goes to timing -- how long from the time the Applicant/Registrant requests protection under Madrid Protocol to another country will this information become available to us?
And how long before the USPTO sends it to WIPO? How long before WIPO makes it available in their Madrid Express database?
3/19/2004:
1. A decision has been made by management that the Daily XML files will contain appropriate information that is present on TESS and TARR including the above 3 data fields. Software and documentation must be evaluated and updated. Status of this effort will be reported each week until completed.
2. The answer to the second part is currently rather difficult due to the enormous backlog volume at the International Bureau (IB). The USPTO has just recently processed applications with IB filing dates for the beginning of January 2004.
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Inquiry – 10/31/2003: (Control #17)
Correspondent and owner information are provided.
It is requested that the telephone number, the fax number and email address, if available information, for the correspondent and owner be provided.
3/19/2004: This inquiry is awaiting a policy decision from the Commissioner for Trademarks Office.
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Inquiry – 6/06/2003: (Control #21)
In reviewing the country codes for each of the 3 XML files and discovered the following
*Trademark-Applications XML
Uses 3 digit code from TWTF file
*Trademark-Assignments XML
Uses no codes at all, they expand all codes (Spelling out countries)
*Trademark-Proceedings XML
Uses officially designated country as prescribed by the World Intellectual Property Organization (WIPO) Standard ST.3
3/19/2004: Evaluation of this inquiry continues in the Office of Data Architecture and Services. A status update will be provided in the next Weekly Status Report of 3/19/2004.
Note: This is being evaluated along with Inquiry – 11/12/2003: (Control #16)
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If you have any questions or need additional information please contact one of the following individuals:
Ed Johnson Marva Dubar Information Products Division Information Dissemination Data Dissemination Branch Systems Division (703) 306-2621 (703) 305-1669 (703) 306-2737 Fax (703) 308-5164 Fax Ed.Johnson@uspto.gov Marva.Dubar@uspto.gov
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