How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask BH Your Own Question
BH
BH, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 313
Experience:  IP and Entertainment Attorney
67520588
Type Your Intellectual Property Law Question Here...
BH is online now
A new question is answered every 9 seconds

I filed a TEAS Post Publication Amendment to correct the spelling

This answer was rated:

I filed a TEAS Post Publication Amendment to correct the spelling of a trademark "Infinity Twist". The Word Mark "Inifinity Twist", incorrect spelling, still shows on the TESS. However, the correct spelling of "Infinity Twist" is displayed on the search.

Our Statement of Use has been accepted with the correct spelling. Has our trademark spelling been corrected? Why will the word search for the correct spelling not identify our company? You have to search the incorrect spelling to bring up our company information.

bridgeth :

If you properly filed the amendment and received a response that the amendment was accepted, then your corrected mark should be valid. It may just be that it hasn't been corrected in the system. You best bet is to contact the examining attorney on your case directly. Do not just contact the USPTO generally. You can find the examining attorney's name and information in some of the documents issued.

bridgeth :

Your examining attorney is Dawn Han. Her phone number is XXXXX on the document titled "Examiners Amendment" dated July 31, 2013.

bridgeth :

Upon looking at the documents, it seems as though it was issued for publication before you sent in your amendment to the spelling. Therefore, you likely will have to have it published and examined again.

bridgeth :

Your best bet is to call Dawn directly. Let me know if you have any further questions.

Customer:

Thank you - I will give Dawn a call. Is it as simple as asking her to re-publish or is there additional forms to submit?

BH and 2 other Intellectual Property Law Specialists are ready to help you
It may be possible to have her re-issue the mark for publication and opposition with the corrected name, however, it also would not be shocking if they made you refile.