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March 26, 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 format of our Weekly Status Report has changed slightly for ease of use:
1. The summary portion of “Status of Inquiries” will be “grouped” by status.
2. The detail portion of the report will be sorted Control # (for easier reference).*The status on the availability of the 2003 Annual Trademark (Retrospective) files is as follows:
Status of Inquiries:-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 (3/26/2004): The first step of creating the retrospective Live and Dead is completed. It is now in the process to convert to XML.
Closed:
*1 has been resolved. Reference Inquiries (Control #34).
Awaiting Policy Decision from the Commission of Trademarks:
*1 is open is awaiting a policy decision from the Commission of Trademarks Office (Control #17).
*1 is open concerning the fact that text records do not match images (designs). Reference (Control #32).
In Progress:
*2 are being analyzed to ensure that valid UTF-8 characters are used. These remain on schedule to be resolved by March 30, 2004. Reference Inquiries (Control #13, #14).
*1 “The use of Country Codes” is being evaluated with Control #16. Reference Inquiry (Control #21).
*1 “The inclusion of 3 IB data fields and the Madrid Protocol Timing Issue” is being evaluated with Control #21. Reference Inquiry (Control #16).
Open:
*1 is open concerning the content of the 24 Hour Box. Reference Inquiry (Control #30).
*1 new inquiry is open concerning the appearance of an invalid character. Reference Inquiries (Control #35).*1 new inquiry is open concerning the content of the Text-Type field. Reference Inquiries (Control #36).
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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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 "&".
3/26/2004: 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.
3/26/2004: 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?
3/26/2004:
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. This effort will also analyze providing status changes in a more timely manner. 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 Commission of 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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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.
~~~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?
3/26/2004: This has been given to the appropriate area to investigate. A status update will be provided in the next Weekly Status Report of 2/2/2004.
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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>3/26/2004: This record has been corrected and present on the daily file dated 3/23/2004.
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Inquiry – 03/18/2004: (Control #35)
You are still sending bad UTF-8 characters.
[Fatal Error] tt040322.xml:29754:28: Character reference "" is an invalid XML character. Error: Parse error occurred - Character reference "" is an Invalid XML character.03/26/2004: We are in discussion with the appropriate TTAB staff to resolve this continuous invalid character problem. A status update will be provided in the next Weekly Status Report of 2/2/2004.
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Inquiry – 03/22/2004: (Control #36)
1. Please explain the content for a Text-Type “TNSF”.
2. And also information relating to the content for a Text-Type “LINKBR”.
03/26/2004: This has been forwarded to the appropriate trademark area for an explanation. Records containing the above text types have yet to be received from the International Bureau.
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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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