United States Patent and Trademark Office OG Notices: 19 October 2004

                            DEPARTMENT OF COMMERCE
                   United States Patent and Trademark Office
                           [Docket No. 2004-T-044]

           Invitation to the Public to Submit Suggestions Regarding
                    Database Design Codes and Pseudo-Marks

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice: The public may submit suggestions regarding the design
codes and pseudo-marks entered into the United States Patent and Trademark
Office's database of applications and registrations.

SUMMARY: The United States Patent and Trademark Office ("USPTO")
invites interested members of the public to submit, on an ongoing
basis, suggestions regarding design codes and pseudo-marks assigned to
applications and registrations in the trademark searchable database.

EFFECTIVE DATE: Suggestions may be submitted at any time beginning on the
date of the publication of this notice, in the manner set forth below.

FOR FURTHER INFORMATION CONTACT: Cheryl Black, Office of the Commissioner
for Trademarks, by telephone at: (703) 308-8910, extension 153; or by
e-mail to: cheryl.black@uspto.gov.

SUPPLEMENTARY INFORMATION: The USPTO maintains a searchable database
of trademark applications and registrations. The public can access the
database in the USPTO Trademark Public Search Library and also through the
USPTO website at: www.uspto.gov. In-house, the database is called X-Search.
On the website, the database is referred to as the Trademark Electronic
Search System (TESS). The database contains text and images of marks in
registrations and pending applications, including abandoned, cancelled
and expired records. The searchable text for word marks includes any
words, letters and numbers contained in the mark. For some word marks,
the USPTO has added a pseudo-mark to the search data to assist users in
identifying marks relevant to their search term. Pseudo-marks provide
an additional search tool for locating marks that contain an
intentionally-altered spelling of a normal English word. The
pseudo-mark often consists of spellings that are very similar or
phonetically equivalent to the word mark and the literal equivalent to
a pictorial representation of the word in a design mark.

   Marks containing design elements are searchable by design
codes. The design search code is the equivalent of the paper filing
system in use in the Trademark Search Room and is derived from the
International Classification of the Figurative Elements of Marks,
commonly referred to as the Vienna Classification. The Vienna
Classification is based on a multilateral treaty administered by the
World Intellectual Property Organization.

   The USPTO design search code is a numerical classification
index, which codifies figurative design elements into categories. Each
design element in a specific section is assigned a six-digit number.
The design code also contains explanatory notes such as guidelines
which provide instructions for specific code sections, cross-reference
notes which direct users to other code categories, sections and
divisions, and notes describing elements which are included or excluded
from a code section. Design marks are coded by identifying the
significant design elements and assigning the appropriate codes.

   In order to enhance the quality of the pseudo-mark data field
and the design coding of images in TESS and X-Search, the USPTO invites
the public to submit suggestions regarding the pseudo-mark data field
and design codes for marks in the database. A party does not have to
own the application or registration to submit a suggestion.

   Suggestions regarding design codes or pseudo-marks should be
submitted, via email to tmdatabasecorrect@uspto.gov, and

   (1) The name of the party submitting the suggestion; and

   (2) The suggested change to the database. The request should
identify: (1) the application serial number(s) or registration
number(s); (2) the mark(s) to which the suggestion applies; and (3) the
suggestion regarding the design code(s) or pseudo-mark(s). Suggestions
for deletions of design codes or pseudo-marks may also be included in
the request.

   After a suggestion regarding the database is received, the
Office will review it. The Office will, in its discretion, determine
whether the suggestion will be adopted. The Office will not respond
directly to the party filing the request, however, changes to the
database can be checked in the TESS database available on the USPTO
website at: http://www.uspto.gov.

September 21, 2004                                       LYNNE G. BERESFORD
                                         Acting Commissioner for Trademarks