TimesLines, Inc v. Facebook, Inc.

Filing 81

DECLARATION of Brendan J. Hughes regarding motion for summary judgment 79 , memorandum 80 (Attachments: # 1 Exhibit 1 - 13, # 2 Exhibit 14 - 17, # 3 Exhibit 18 - 19, # 4 Exhibit 20 - 31, # 5 Exhibit 32 - 35, # 6 Exhibit 36 - 40, # 7 Exhibit 41 - 43, # 8 Exhibit 44 - 46, # 9 Exhibit 47 - 51, # 10 Exhibit 52 - 57, # 11 Exhibit 58 - 59, # 12 Exhibit 60 - 62, # 13 Exhibit 63.1, # 14 Exhibit 63.2, # 15 Exhibit 64 - 71)(Hughes, Brendan)

Exhibit 20

Exhibit 21

Trademark Application and Post-Registration Process Timelines

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Trademark Application and Post-Registration Process Timelines

Trademarks Process

Applying to register your trademark with the USPTO begins a legal process. Legal requirements and deadlines must be met
and fees may be required throughout the process.  Not all applied-for trademarks register.

Trademark Basics
Search Marks
File Forms Online
Check Status
View Documents
Maintain/Renew a Registration
View Fee Schedule

Every trademark application must have a legal basis for filing.  The filing bases under federal trademark law are: Section
1(a) Use; Section 1(b) Intent-to-Use; Section 44(d) Foreign application; Section 44(e) Foreign registration; and Section
66(a) Madrid Protocol.
If your trademark registers, additional legal requirements, fees, and deadlines must be met to maintain your registration and
keep your trademark registered.
The timelines below provide an overview of the process steps and time frames for filing a trademark application with a
particular filing basis and for maintaining a trademark registration.

Appeal (TTAB)
Assignments

Section 1(a) Timeline: Application Based on Use in Commerce

News & Notices
Manuals, Guides, Official Gazette
Laws & Regulations
Online Filing

A Section 1(a) filing basis applies when you are currently using your trademark in commerce with all the goods/services in
your application.  You must provide the date you began using your trademark and a specimen (real-use sample) showing
how the mark is actually being used with the goods/services.

Contact Trademarks

Section 1(b) Timeline: Application Based on Intent to Use
Highlights

A Section 1(b) filing basis applies when you have not yet started using your trademark.  You must use the trademark and
pay an additional fee prior to registration.

Section 44(d) Timeline: Application Based on a Foreign Application

A Section 44(d) filing basis applies when you have filed for the mark in a foreign country.

Section 44(e) Timeline: Application Based on a Foreign Registration

A Section 44(e) filing basis applies when you have been granted a foreign registration for the same mark.

Section 66(a) Timeline: Application Based on the Madrid Protocol

A Section 66(a) filing basis applies when you have filed an Extension of Protection under the Madrid Protocol.

Post-Registration Timeline for all Registrations Except Registrations Based on the Madrid
Protocol

After a registration issues, to keep the registration "alive" or valid, the registration owner must file specific documents and
pay fees at regular intervals.  Failure to file these documents will result in the cancellation of your registration.

http://www.uspto.gov/trademarks/process/tm_timeline.jsp[1/3/2013 3:27:57 PM]

Trademark Application and Post-Registration Process Timelines

Post-Registration Timeline for Registrations Based on the Madrid Protocol

After protection is granted to the international registration and a U.S. registration issues, to keep protection in the U.S., the
U.S. registration owner must file specific documents and pay fees at regular intervals.  Failure to file these documents will
result in the cancellation of your U.S. registration and the invalidation of protection of the international registration by the
USPTO.
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Notification and Federal
Employee Antidiscrimination and
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Careers

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Site Index

Emergencies/Security Alerts

Budget & Performance

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Contact Us

Information Quality Guidelines

Freedom of Information Act
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Privacy Policy
Terms of Use

This page is owned by Trademarks.

http://www.uspto.gov/trademarks/process/tm_timeline.jsp[1/3/2013 3:27:57 PM]

Last Modified: 12/3/2012 1:46:13 PM

Section 1(a) Use-based Application Timeline

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Section 1(a) Timeline: Application based on use in commerce

Trademarks Process

Place your mouse over the steps for more information on each step.

Trademark Basics

1. Application Filed

Search Marks

approx.
3 months

File Forms Online
Check Status
View Documents

2. USPTO reviews application

Maintain/Renew a Registration

approx.
1 month

View Fee Schedule
Appeal (TTAB)
Assignments

3a. USPTO publishes mark

News & Notices

approx.
3 months

3b. USPTO issues letter (Office action)

OR

within
6 months

Manuals, Guides, Official Gazette

4a. Applicant timely responds

Laws & Regulations

approx.
1 -2 months

Online Filing

4b. Applicant does not
respond and application
abandons

OR

Contact Trademarks

5a. USPTO publishes mark

OR

approx.
3 months

5b. USPTO issues final letter (Office action)
within
6 months

6a. Applicant timely responds
/ Files appeal

OR

approx.
1 -2 months

7a. USPTO publishes mark
approx.
3 months

OR

6b. Applicant does not
respond and application
abandons

7b. Applicant's appeal sent to TTAB

8. Mark registers
bet.
5 & 6 yrs.

9. Owner files Section 8 declaration

every
10 yrs.

AND

10. Owner files Section 8 declaration/Section
9 renewal

This timeline does not cover every application scenario. If you find that you are well outside of the listed timeframes, call your
assigned examining attorney or the Trademark Assistance Center (TAC) at 571.272.9250.

Step 1. Application filed: The filed application is assigned a serial number. This number should always be referenced when
communicating with the USPTO. The applicant can check the status of any application throughout the entire process by
entering the application serial number at http://tsdr.uspto.gov/ or by calling the trademark status line at 571-272-5400.
Approximately 3 months go to step 2.
Step 2. USPTO reviews application: If the minimum filing requirements are met, the application is assigned to an
examining attorney. The examining attorney conducts a review of the application to determine whether federal law permits
registration. Filing fee(s) will not be refunded, even if the application is later refused registration on legal grounds.
Approximately 1 month go to step 3a or step 3b.
Step 3a. USPTO publishes mark: If no refusals or additional requirements are identified, the examining attorney approves
the mark for publication in the Official Gazette (OG). The OG, a weekly online publication, gives notice to the public that the
USPTO plans to issue a registration. Approximately 1 month after approval, the mark will publish in the OG for a 30-day

http://www.uspto.gov/trademarks/process/tm_sec1atimeline.jsp[1/3/2013 3:28:17 PM]

Section 1(a) Use-based Application Timeline
opposition period. Any party who believes it would be harmed by the registration may file an objection (opposition) within that
30-day period with the Trademark Trial and Appeal Board. No further action is taken until the opposition is resolved.
Approximately 3 months go to step 8.
Step 3b. USPTO issues letter (Office action): If refusals or requirements must still be satisfied, the examining attorney
assigned to the application issues a letter (Office action) stating the refusals/requirements. Within 6 months of the issuance
date of the Office action, the applicant must submit a response that addresses each refusal and requirement. Within 6 months
go to step 4a or step 4b.
Step 4a. Applicant timely responds: In order to avoid abandonment of the application, the applicant must submit a timely
response addressing each refusal and/or requirement stated in the Office action. The examining attorney will review the
submitted response to determine if all refusals and/or requirements have been satisfied. Approximately 1 to 2 months go to
step 5a or step 5b.
Step 4b. Applicant does not respond and application abandons: If the applicant does not respond within 6 months
from the date the Office action was issued, the application is abandoned. The term “abandoned” means that the application
process has ended and the trademark will not register. Filing fees are NOT refunded when applications abandon. Abandoned
applications are “dead,” since they are no longer pending or under consideration for approval. To continue the application
process, the applicant must file a petition to revive the application within 2 months of the abandonment date. If more than 2
months after the abandonment date, the petition will be denied as untimely and the applicant must file a new application with
the appropriate fee(s).
Step 5a. USPTO publishes mark: If the applicant's response overcomes the refusals and/or satisfies all requirements, the
examining attorney approves the mark for publication in the Official Gazette (OG). The OG, a weekly online publication, gives
notice to the public that the USPTO plans to issue a registration. Approximately 1 month after approval, the mark will publish in
the OG for a 30-day opposition period. Any party who believes it would be harmed by the registration may file an objection
(opposition) within that 30-day period with the Trademark Trial and Appeal Board. No further action is taken until the
opposition is resolved. Approximately 3 months go to step 8.
Step 5b. USPTO issues final letter (Office action): If the applicant's response fails to overcome the refusals and/or satisfy
the outstanding requirements, the examining attorney will issue a “Final” refusal letter (Office action). The Office action makes
“final” any remaining refusals or requirements. An applicant may respond to a final office action by a) overcoming the refusals
and complying with the requirements or b) appealing to the Trademark Trial and Appeal Board. Within 6 months go to step 6a
or step 6b.
Step 6a. Applicant timely responds and/or files appeal: To avoid abandonment of the application, the applicant must
submit a timely response addressing each refusal and/or requirement stated in the “Final” refusal letter (Office action).
Alternatively, or in addition to the response, the applicant may also submit a Notice of Appeal to the Trademark Trial and
Appeal Board (TTAB). The examining attorney will review the submitted response to determine if all refusals and/or
requirements have been satisfied. If the applicant's response fails to overcome the refusals and/or satisfy the outstanding
requirements, the application will be abandoned unless the applicant has filed a Notice of Appeal, in which case the application
is forwarded to the TTAB. The term “abandoned” means that the application process has ended and the trademark will not
register. Filing fees are not refunded when applications abandon. Abandoned applications are “dead,” since they are no longer
pending or under consideration for approval. Approximately 1 to 2 months go to step 7a or step 7b.
Step 6b. Applicant does not respond and application abandons: If the applicant does not respond within 6 months
from the date the Office action was issued and the applicant has not filed a Notice of Appeal to the Trademark Trial and Appeal
Board, the application is abandoned. The term “abandoned” means that the application process has ended and trademark will
not register. Filing fees are not refunded when applications abandon. Abandoned applications are “dead,” since they are no
longer pending or under consideration for approval. To continue the application process, the applicant must file a petition to
revive the application within 2 months of the abandonment date, with the appropriate fee. If more than 2 months after the
abandonment date, the petition will be denied as untimely and the applicant must file a new application with the appropriate
fee(s).
Step 7a. USPTO publishes mark: If the applicant's response overcomes the refusals and/or satisfies all requirements of the
“Final” refusal letter (Office action), the examining attorney approves the mark for publication in the Official Gazette (OG). The
OG, a weekly online publication, gives notice to public that USPTO plans to issue a registration. Approximately 1 month after
approval, the mark will publish in the OG for a 30-day opposition period. Any party who believes it would be harmed by the
registration may file an objection (opposition) within that 30-day period with the Trademark Trial and Appeal Board. No further
action is taken until the opposition is resolved. Approximately 3 months go to step 8.
Step 7b. Applicant's appeal sent to TTAB: If the applicant's response does not overcome the refusals and/or satisfy all of
the requirements and the applicant has filed a Notice of Appeal with the Trademark Trial and Appeal Board (TTAB), the appeal
will be forwarded to the TTAB. Information about the TTAB can be found at www.uspto.gov.
Step 8. Mark registers: Within approximately 3 months after the mark published in the Official Gazette, if no opposition was
filed, then the USPTO issues a registration. If an opposition was filed but it was unsuccessful, the registration issues when the
Trademark Trial and Appeal Board dismisses the opposition. After a registration issues, to keep the registration “alive” the
registrant must file specific maintenance documents. Between 6 to 7 years go to step 9 and every 10 years go to step 10.
Step 9. Registration owner files Section 8 declaration: Before the end of the 6-year period after the registration date,
or within the six-month grace period after the expiration of the sixth year, the registration owner must file a Declaration of Use
or Excusable Nonuse under Section 8. Failure to file this declaration will result in the cancellation of the registration.
Step 10. Registration owner files Section 8 declaration/Section 9 renewal: Within one year before the end of every
10-year period after the registration date, or within the six-month grace period thereafter, the registration owner must file a
Combined Declaration of Use or Excusable Nonuse/Application for Renewal under Sections 8 & 9. Failure to make these
required filings will result in cancellation and/or expiration of the registration.
Accessibility

Federal Activities Inventory
Reform (FAIR) Act

Department of Commerce
NoFEAR Act Report

Strategy Targeting Organized
Piracy (STOP!)

Notification and Federal
Employee Antidiscrimination and
Retaliation (NoFEAR) Act

Regulations.gov

Careers

Security

STOP!Fakes.gov

Site Index

Emergencies/Security Alerts

Budget & Performance

Department of Commerce

Contact Us

Information Quality Guidelines

Freedom of Information Act

USA.gov

USPTO Webmaster

Privacy Policy
Terms of Use

http://www.uspto.gov/trademarks/process/tm_sec1atimeline.jsp[1/3/2013 3:28:17 PM]

Section 1(a) Use-based Application Timeline

(FOIA)
This page is owned by Website Management Branch.

http://www.uspto.gov/trademarks/process/tm_sec1atimeline.jsp[1/3/2013 3:28:17 PM]

Last Modified: 9/28/2012 11:12:58 AM

Section 1(b) Intent-to-Use Application Timeline

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PATENTS TRADEMARKS IP LAW & POLICY PRODUCTS & SERVICES INVENTORS NEWS & NOTICES FAQs ABOUT US
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Section 1(b) Timeline: Application based on intent to use

Trademarks Process

Place your mouse over the steps for more information on each step.

Trademark Basics

1. Application Filed

Search Marks

approx.
3 months

File Forms Online
Check Status
View Documents

2. USPTO reviews application

Maintain/Renew a Registration

approx.
1 month

View Fee Schedule
Appeal (TTAB)
Assignments

3a. USPTO publishes mark

News & Notices

approx.
2 months

3b. USPTO issues letter (Office action)

OR

within
6 months

Manuals, Guides, Official Gazette

4a. Applicant timely responds

Laws & Regulations
Online Filing

4b. Applicant does not
respond and application
abandons

OR

approx.
1 -2 months

Contact Trademarks

5a. USPTO publishes mark

OR

approx.
2 months

5b. USPTO issues final letter (Office action)
within
6 months

6a. Applicant timely responds
/ File appeal

OR

approx.
1 -2 months

7a. USPTO publishes mark

OR

approx.
2 months

6b. Applicant does not
respond and application
abandons

7b. Applicant's appeal sent to TTAB

8. Notice of allowance is issued
within
6 months

9a. Applicant files extension
request:

9b. Applicant timely files
Statement of Use (SOU)

OR

before
end
of 30 months

approx.
1 month

10. Applicant timely files SOU after
requesting extensions

OR

9c. Applicant does not
timely file SOU or
extension request:
application abandons

11. USPTO reviews
SOU
approx.
1 month

12a. SOU is approved and mark registers
between
5 -6 yrs.

13. Owner files Section 8
declaration

http://www.uspto.gov/trademarks/process/tm_sec1btimeline.jsp[1/3/2013 3:28:30 PM]

every
10 yrs

AND

OR

12b. USPTO issues letter (Office
action)

14. Owner files Section 8 declaration /
Section 9 renewal

Section 1(b) Intent-to-Use Application Timeline
This timeline does not cover every application scenario. If you find that you are well outside of the listed timeframes, call your
assigned examining attorney or the Trademark Assistance Center (TAC) at 571.272.9250.

Step 1. Application filed: The filed application is assigned a serial number. This number should always be referenced when
communicating with the USPTO. The applicant can check the status of any application throughout the entire process by
entering the application serial number at http://tsdr.uspto.gov/ or by calling the trademark status line at 571-272-5400.
Approximately 3 months go to step 1.
Step 2. USPTO reviews application: If the minimum filing requirements are met, the application is assigned to an
examining attorney. The examining attorney conducts a review of the application to determine whether federal law permits
registration. Filing fee(s) will not be refunded, even if the application is later refused registration on legal grounds.
Approximately 1 month go to step 3a or step 3b.
Step 3a. USPTO publishes mark: If no refusals or additional requirements are identified, the examining attorney approves
the mark for publication in the Official Gazette (OG). The OG, a weekly online publication, gives notice to the public that the
USPTO plans to issue a registration. Approximately 1 month after approval, the mark will publish in the OG for a 30-day
opposition period. Any party who believes it would be harmed by the registration may file an objection (opposition) within that
30-day period with the Trademark Trial and Appeal Board. No further action is taken until the opposition is resolved.
Approximately 2 months go to step 8.
Step 3b. USPTO issues letter (Office action): If refusals or requirements must still be satisfied, the examining attorney
assigned to the application issues a letter (Office action) stating the refusals/requirements. Within 6 months of the issuance
date of the Office action, the applicant must submit a response that addresses each refusal and requirement. Within 6 months
go to step 4a or step 4b.
Step 4a. Applicant timely responds: In order to avoid abandonment of the application, the applicant must submit a timely
response addressing each refusal and/or requirement stated in the Office action. The examining attorney will review the
submitted response to determine if all refusals and/or requirements have been satisfied. Approximately 1 to 2 months go to
step 5a or step 5b.
Step 4b. Applicant does not respond and application abandons: If the applicant does not respond within 6 months
from the date the Office action was issued, the application is abandoned. The term “abandoned” means that the application
process has ended and the trademark will not register. Filing fees are NOT refunded when applications abandon. Abandoned
applications are “dead,” since they are no longer pending or under consideration for approval. To continue the application
process, the applicant must file a petition to revive the application within 2 months of the abandonment date. If more than 2
months after the abandonment date, the petition will be denied as untimely and the applicant must file a new application with
the appropriate fee(s).
Step 5a. USPTO publishes mark: If the applicant's response overcomes the refusals and/or satisfies all requirements, the
examining attorney approves the mark for publication in the Official Gazette (OG). The OG, a weekly online publication, gives
notice to the public that the USPTO plans to issue a registration. Approximately 1 month after approval, the mark will publish in
the OG for a 30-day opposition period. Any party who believes it would be harmed by the registration may file an objection
(opposition) within that 30-day period with the Trademark Trial and Appeal Board. No further action is taken until the
opposition is resolved. Approximately 2 months go to step 8.
Step 5b. USPTO issues final letter (Office action): If the applicant's response fails to overcome the refusals and/or satisfy
the outstanding requirements, the examining attorney will issue a “Final” refusal letter (Office action). The Office action makes
“final” any remaining refusals or requirements. An applicant may respond to a final office action by a) overcoming the refusals
and complying with the requirements or b) appealing to the Trademark Trial and Appeal Board. Within 6 months go to step 6a
or step 6b.
Step 6a. Applicant timely responds and/or files appeal: To avoid abandonment of the application, the applicant must
submit a timely response addressing each refusal and/or requirement stated in the “Final” refusal letter (Office action).
Alternatively, or in addition to the response, the applicant may also submit a Notice of Appeal to the Trademark Trial and
Appeal Board (TTAB). The examining attorney will review the submitted response to determine if all refusals and/or
requirements have been satisfied. If the applicant\'s response fails to overcome the refusals and/or satisfy the outstanding
requirements, the application will be abandoned unless the applicant has filed a Notice of Appeal, in which case the application
is forwarded to the TTAB. The term “abandoned” means that the application process has ended and the trademark will not
register. Filing fees are not refunded when applications abandon. Abandoned applications are “dead,” since they are no longer
pending or under consideration for approval. Approximately 1 o 2 months go to step 7a or step 7b.
Step 6b. Applicant does not respond and application abandons: If the applicant does not respond within 6 months
from the date the Office action was issued and the applicant has not filed a Notice of Appeal to the Trademark Trial and Appeal
Board, the application is abandoned. The term “abandoned” means that the application process has ended and the trademark
will not register. Filing fees are not refunded when applications abandon. Abandoned applications are “dead,” since they are no
longer pending or under consideration for approval. To continue the application process, the applicant must file a petition to
revive the application within 2 months of the abandonment date, with the appropriate fee. If more than 2 months after the
abandonment date, the petition will be denied as untimely and the applicant must file a new application with the appropriate
fee(s).
Step 7a. USPTO publishes mark: If the applicant's response overcomes the refusals and/or satisfies all requirements of the
“Final” refusal letter (Office action), the examining attorney approves the mark for publication in the Official Gazette (OG). The
OG, a weekly online publication, gives notice to the public that the USPTO plans to issue a registration. Approximately 1 month
after approval, the mark will publish in the OG for a 30-day opposition period. Any party who believes it would be harmed by
the registration may file an objection (opposition) within that 30-day period with the Trademark Trial and Appeal Board. No
further action is taken until the opposition is resolved. Approximately 2 months go to step 8.
Step 7b. Applicant's appeal sent to TTAB: If the applicant's response does not overcome the refusals and/or satisfy all of
the requirements and the applicant has filed a Notice of Appeal with the Trademark Trial and Appeal Board (TTAB), the appeal
will be forwarded to the TTAB. Information about the TTAB can be found at www.uspto.gov.
Step 8. Notice of Allowance (NOA) is issued: A NOA is issued to the applicant within 2 months after the mark is published
in the Official Gazette. The NOA is not a registration, but indicates that the mark will be allowed to register after an acceptable
Statement of Use (SOU) is filed. The deadline for filing an SOU or request for extension of time (extension request) to file an

http://www.uspto.gov/trademarks/process/tm_sec1btimeline.jsp[1/3/2013 3:28:30 PM]

Section 1(b) Intent-to-Use Application Timeline
SOU is calculated from the date the NOA issued. If the applicant does not file an SOU or extension request within 6 months of
the date the NOA issued, the application will abandon. Within 6 months go to step 9a or step 9b or step 9c.
Step 9a. Applicant files extension request: If the applicant is not using the mark in commerce on all of the
goods/services listed in the NOA, the applicant must file an extension request and the required fee(s) to avoid abandonment.
Because extension requests are granted in 6 month increments, applicant must continue to file extension requests every 6
months. A total of 5 extension requests may be filed. The first extension request must be filed within 6 months of the issuance
date of the NOA and subsequent requests before the expiration of a previously granted extension. Before the end of 30 months
go to step 10.
Step 9b. Applicant timely files Statement of Use (SOU): If the applicant is using the mark in commerce on all of the
goods/services listed in the NOA, the applicant must submit an SOU and the required fee(s) within 6 months from the date the
NOA issued to avoid abandonment. Applicant cannot withdraw the SOU; however, the applicant may file one extension request
with the SOU to provide more time to overcome deficiencies in the SOU. No further extension requests may be filed.
Approximately 1 month go to step 11.
Step 9c. Applicant does not timely file SOU or extension request: application abandons: If the applicant does not
file an SOU or extension request within 6 months from the date the Notice of Allowance issued, the application is abandoned
(no longer pending/under consideration for approval). To continue the application process, the applicant must file a petition to
revive the application within 2 months of the abandonment date.
Step 10. Applicant timely files SOU after requesting extensions: If the applicant is using the mark in commerce on all
the goods/services listed in the NOA, the applicant must submit an SOU and the required fee(s) within 6 months from the
previous extension to avoid abandonment. Applicant cannot withdraw the SOU; however, the applicant may file one extension
request with the SOU to provide more time to overcome deficiencies in the SOU. No further extension requests may be filed.
Go to step 11.
Step 11. USPTO reviews SOU: If the minimum filing requirements are met, the SOU is forwarded to the examining attorney.
The examining attorney conducts a review of the SOU to determine whether federal law permits registration. The applicant
cannot withdraw the SOU and the filing fee(s) will not be refunded, even if the application is later refused registration on legal
grounds. Approximately 1 month go to step 12a or step 12b.
Step 12a. SOU is approved and mark registers: If no refusals or additional requirements are identified, the examining
attorney approves the SOU. Within approximately 2 months after the SOU is approved, the USPTO issues a registration. To
keep the registration "live," the registrant must file specific maintenance documents. Between 5 to 6 years go to step 13 and
every 10 years go to step 14.
Step 12b. USPTO issues letter (Office action): If refusals or requirements must still be satisfied, the examining attorney
assigned to the application issues a letter (Office action) stating the refusals/requirements. This is the same process that
occurs prior to publication of the mark if the examining attorney determines that legal requirements must be met. The process
and timeframes remain the same, except that if issues are ultimately resolved and the SOU is approved, the USPTO issues a
registration within approximately 2 months. If all issues are not resolved, the application will abandon.
Step 13. Registration owner files Section 8 declaration: Before the end of the six-year period after the registration
date, or within the six-month grace period after the expiration of the sixth year, the registration owner must file a Declaration
of Use or Excusable Nonuse under Section 8. Failure to file this declaration will result in the cancellation of the registration.
Step 14. Registration owner files Section 8 declaration / Section 9 renewal: Within one year before the end of every
10-year period after the registration date, or within the six-month grace period thereafter, the registration owner must file a
Combined Declaration of Use or Excusable Nonuse/Application for Renewal under Sections 8 and 9. Failure to make these
required filings will result in cancellation and/or expiration of the registration.
Accessibility

Federal Activities Inventory
Reform (FAIR) Act

Department of Commerce
NoFEAR Act Report

Strategy Targeting Organized
Piracy (STOP!)

Notification and Federal
Employee Antidiscrimination and
Retaliation (NoFEAR) Act

Regulations.gov

Careers

Security

STOP!Fakes.gov

Site Index

Emergencies/Security Alerts

Budget & Performance

Department of Commerce

Contact Us

Information Quality Guidelines

Freedom of Information Act
(FOIA)

USA.gov

USPTO Webmaster

Privacy Policy
Terms of Use

This page is owned by Website Management Branch.

http://www.uspto.gov/trademarks/process/tm_sec1btimeline.jsp[1/3/2013 3:28:30 PM]

Last Modified: 9/28/2012 11:15:47 AM

United States Patent and Trademark Office

search for patents | search for trademarks
Search our site

Go

PATENTS TRADEMARKS IP LAW & POLICY PRODUCTS & SERVICES INVENTORS NEWS & NOTICES FAQs ABOUT US
Home Page

TRADEMARKS

Trademarks Process

Trademark Search

Section 44(d) Timeline: Application based on a foreign application

Trademarks Process

Place your mouse over the steps for more information on each step.

Trademark Basics
Search Marks

1. Application filed
Approx.
3 months

File Forms Online
Check Status
View Documents

2. USPTO reviews application

Maintain/Renew a Registration

Approx.
1 month

View Fee Schedule
Appeal (TTAB)
Assignments
News & Notices
Manuals, Guides, Official Gazette

3a. USPTO issues
suspension letter

3b. USPTO issues letter (Office action)

OR

Within
6 months

Immediately

Laws & Regulations

4a. Applicant timely
responds

Online Filing

4b. Applicant does not
respond and application
abandons

OR

Within
1 -2 months

Contact Trademarks

5. U.S. Application suspended
Approx.
6 months

6. USPTO issues suspension inquiry
Within
6 months

7a. Applicant timely
responds and does not
submit foreign registration
certificate

OR

7b. Applicant timely
responds and submits
foreign registration
certificate

OR

7c. Applicant does not respond
and application abandons

Approx.
1 -2 months

8a. USPTO publishes
mark

OR

8b. USPTO issues final
letter (Office action)

Approx.
3 months

OR

8c. USPTO issues letter
(Office action)

Within
6 months
step 9a
or step 9b

Within
6 months

8c-1. Applicant
timely responds

OR

Approx.
1 -2 months

8c-1a. USPTO issues
final letter (Office action)l

OR

8c-1b. USPTO publishes
mark

Within
6 months

9a. Applicant timely
responds / Files appeal
Approx.
1 -2 months

http://www.uspto.gov/trademarks/process/tm_sec44dtimeline.jsp[1/3/2013 3:28:45 PM]

OR

8c-2. Applicant
does not
respond and
application
abandons

Approx.
3 months

9b. Applicant does not
respond and application
abandons

United States Patent and Trademark Office

10a. USPTO publishes
mark

OR

10b. Applicant’s appeal
sent to TTAB

Approx.
3 months

11. Mark registers
Between
5 -6 years

12. Owner files section 8
declaration

Every
10 years

13. Owner files section 8
declaration and section 9
renewal

This timeline does not cover every application scenario. If you find that you are well outside of the listed timeframes, call
your assigned examining attorney or the Trademark Assistance Center (TAC) at 571.272.9250.
Step 1. Application filed: The applicant filed its U.S. application within 6 months of filing its foreign application in a
country that is party to a treaty or agreement with the United States. The applicant’s country of origin must also be a party
to a treaty or agreement with the United States. However, the foreign application relied upon does not have to be from the
applicant’s country of origin. Section 44(d) alone does not provide a basis for publication or registration and the applicant
must later provide a Section 1(b), Section 1(a), and/or Section 44(e) basis. Approximately 3 months go to step 2.
Step 2. USPTO reviews application: If the minimum filing requirements for the U.S. application are met, the application
is assigned to an examining attorney to determine whether federal law permits registration. Filing fee(s) will not be
refunded, even if the application is later refused registration on legal grounds. Approximately 1 month go to step 3a or step
3b.
Step 3a. USPTO issues suspension letter: If no refusals or requirements are identified, the examining attorney issues a
letter suspending the action pending the submission of the foreign registration certificate and an English translation thereof.
Go to step 5.
Step 3b. USPTO issues a letter (Office action): If the examining attorney identifies any refusals or requirements, the
examining attorney issues a letter (Office action). Within 6 months of the issue date of the Office action, the applicant must
submit a response that addresses each refusal and/or requirement. Within 6 months go to step 4a or step 4b.
Step 4a. Applicant timely responds: To avoid abandonment of the application, the applicant must submit a timely
response addressing each refusal and/or requirement stated in the Office action. The examining attorney will review the
submitted response and will issue a letter suspending the application pending submission of the foreign registration
certificate and English translation thereof and continuing any refusals and/or requirements. No action by the applicant,
other then periodic status checks every 3 – 4 four months of the U.S. application (see http://tsdr.uspto.gov), is required
until the examining attorney issues a letter inquiring as to the status of the foreign application. Within 1 to 2 months go to
step 5.
Step 4b. Applicant does not respond and application abandons: If the applicant does not respond within 6 months
from the date the Office action issued, the application is abandoned. The term “abandoned” means that the application
process has ended and the trademark will not register. Filing fees are not refunded when applications abandon. Abandoned
applications are “dead,” since they are no longer pending or under consideration for approval. To continue the application
process, the applicant must file a petition to revive the application within 2 months of the abandonment date. If more than
2 months after the abandonment date, the petition will be denied as untimely and the applicant must file a new application
with the appropriate fee(s).
Step 5. U.S. application suspended: No action by the applicant, other then periodic status checks every 3 – 4 months
of the U.S. application (see http://tsdr.uspto.gov), is required. The application remains suspended until the examining
attorney issues a letter inquiring as to the status of the foreign application. Approximately 6 months go to step 6.
Step 6. USPTO issues suspension inquiry: If the foreign registration certificate has not been submitted, the examining
attorney will issue a letter inquiring as to the status of the foreign application. This cycle will continue every 6 months until
the applicant submits its foreign registration certificate and English translation thereof. Within 6 months go to step 7a or
step 7b or step 7c.
Step 7a. Applicant timely responds and does not submit foreign registration certificate: To avoid abandonment
of the application, the applicant must submit a timely response indicating the status of the foreign application. If the foreign
application is still pending, the examining attorney will issue a letter re-suspending the U.S. application. Go to step 5.
Step 7b. Applicant timely responds and submits foreign registration certificate: When the applicant has
submitted its foreign registration certificate and English translation thereof, the U.S. application is removed from suspension
and the examining attorney reviews the foreign registration to determine if the mark, owner, and goods/services agree with
those in the U.S. application. Approximately 1 to 2 months go to step 8a or step 8b or step 8c.
Step 7c. Application does not respond and application abandons: If the applicant does not respond within 6
months from the date the Office action was issued, the application is abandoned. The term “abandoned” means that the
application process has ended and the trademark will not register. Filing fees are not refunded when applications abandon.
Abandoned applications are “dead,” since they are no longer pending or under consideration for approval. To continue the
application process, the applicant must file a petition to revive the application within 2 months of the abandonment date. If
more than 2 months after the abandonment date, the petition will be denied as untimely and the applicant must file a new
application with the appropriate fee(s).
Step 8a. USPTO publishes mark: The examining attorney approves the mark for publication in the Official Gazette (OG).

http://www.uspto.gov/trademarks/process/tm_sec44dtimeline.jsp[1/3/2013 3:28:45 PM]

United States Patent and Trademark Office
The OG, a weekly online publication, gives notice to the public that the USPTO plans to issue a registration. Approximately
1 month after approval, the mark will publish in the OG for a 30-day opposition period, which may be extended upon
request by a potential opposer. No further action is taken until the opposition period (including any extensions of time) has
expired and any oppositions are resolved. Approximately 3 months go to step 11.
Step 8b. USPTO issues final letter (Office action): If the foreign registration certificate is acceptable but previously
raised issues remain, the examining attorney will issue a “final” Office action to which the applicant must respond within 6
months, an applicant may respond to a final Office action by (a) overcoming the refusals and complying with the
requirements, or (b) appealing to the Trademark Trial and Appeal Board. Within 6 months go to step 9a or step 9b.
Step 8c. USPTO issues letter (Office action): If the foreign registration is not acceptable, the examining attorney will
issue a letter (Office action) to which the applicant must respond within 6 months. Within 6 months of the issue date of the
Office action, the applicant must submit a response that addresses each refusal and/or requirement. Within 6 months go to
step 8c-1 or step 8c-2.
Step 8c-1. Applicant timely responds: In order to avoid abandonment of the application, the applicant must submit a
timely response addressing each refusal and/or requirement stated in the Office action. The examining attorney will review
the submitted response to determine if all refusals and/or requirements have been satisfied. Approximately 1 to 2 months
go to step 8c-1a or step 8c-1b.
Step 8c-2. Applicant does not respond and application abandons: If the applicant does not respond within 6
months from the date the Office action was issued, the application is abandoned. The term “abandoned” means that the
application process has ended and trademark will not register. Filing fees are refunded when applications abandon.
Abandoned “dead,” since they no longer pending or under consideration for approval. To continue process, applicant must
file a petition revive within 2 months of abandonment date. If more than after date, be denied as untimely new with
appropriate fee(s).
Step 8c-1a. USPTO publishes mark: The examining attorney approves the mark for publication in the Official Gazette
(OG). The OG, a weekly online publication, gives notice to the public that the USPTO plans to issue a registration.
Approximately 1 month after approval, the mark will publish in the OG for a 30-day opposition period, which may be
extended upon request by a potential opposer. No further action is taken until the opposition period (including any
extensions of time) has expired and any oppositions are resolved. Within 6 months go to step 9a or step 9b.
Step 8c-1b. USPTO issues final letter (Office action): If the applicant’s response fails to overcome the refusals
and/or satisfy the outstanding requirements, the examining attorney will issue a “Final” refusal letter (Office action). The
Office action makes “final” any remaining refusals or requirements. An applicant may respond to a final office action by a)
overcoming the refusals and complying with the requirements or b) appealing to the Trademark Trial and Appeal Board.
Approximately 3 months go to step 11.
Step 9a. Application timely responds / Files appeal: To avoid abandonment of the application, the applicant must
submit a timely response addressing each refusal and/or requirement stated in the “final” Office action. Alternatively, or in
addition to the response, the applicant may also submit a Notice of Appeal to the Trademark Trial and Appeal Board (TTAB).
The examining attorney will review the submitted response to determine if all refusals and/or requirements have been
satisfied. If the applicant’s response fails to overcome the refusals and/or satisfy the outstanding requirements, the
application will be abandoned unless the applicant has filed a Notice of Appeal, in which case the application is forwarded to
the TTAB. The term “abandoned” means that the application process has ended and the trademark will not register. Filing
fees are not refunded when applications abandon. Abandoned applications are “dead” since they are no longer pending or
under consideration for approval. Approximately 1 to 2 months go to step 10a or step 10b.
Step 9b. Applicant does not respond and application abandons: If the applicant does not respond within 6 months
from the date the Office action was issued, the application is abandoned. The term “abandoned” means that the application
process has ended and the trademark will not register. Filing fees are not refunded when applications abandon. Abandoned
applications are “dead,” since they are no longer pending or under consideration for approval. To continue the application
process, the applicant must file a petition to revive the application within 2 months of the abandonment date. If more than
2 months after the abandonment date, the petition will be denied as untimely and the applicant must file a new application
with the appropriate fee(s).
Step 10a. USPTO publishes mark: If the applicant’s response overcomes the refusals and/or satisfies all requirements,
the examining attorney approves the mark for publication in the Official Gazette (OG). The OG, a weekly online publication,
gives notice to the public that the USPTO plans to issue a registration. Approximately 1 month after approval, the mark will
publish in the OG for a 30-day opposition period, which may be extended upon request by a potential opposer. No further
action is taken until the opposition period (including any extensions of time) has expired and any oppositions are resolved.
Approximately 3 months go to step 11.
Step 10b. Applicant’s appeal sent to TTAB: If the applicant’s response does not overcome the refusals and/or satisfy
all of the requirements and the applicant has filed a Notice of Appeal with the Trademark Trial and Appeal Board (TTAB),
the appeal will be forwarded to the TTAB. Information about the TTAB can be found at www.uspto.gov.
Step 11. Mark registers: Within approximately 3 months after the mark published in the Official Gazette (OG), if no
opposition was filed, the USPTO issues a registration. If an opposition was filed but it was unsuccessful, the registration
issues when the Trademark Trial and Appeal Board dismisses the opposition. After a registration issues, to keep the
registration “alive,” the registrant must file specific maintenance documents. Between 5 to 6 years go to step 12 or every
10 years go to step 13.
Step 12. Registration owner files section 8 declaration: Before the end of the 6-year period after the registration
date, or within the 6-month grace period after the expiration of the sixth year, the registration owner must file a Declaration
of Use or Excusable Nonuse under Section 8. Failure to file this declaration will result in the cancellation of the registration.
Step 13. Registration owner files section 8 declaration/section 9 renewal: Within 1 year before the end of every
10-year period after the registration date, or within the 6-months grace period thereafter, the registration owner must file a
Combined Declaration
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Section 44(e) Timeline: Application based on a foreign registration

Trademarks Process

Place your mouse over the steps for more information on each step.

Trademark Basics
Search Marks

1. Application filed
Approx.
3 months

File Forms Online
Check Status
View Documents

2. USPTO reviews application

Maintain/Renew a Registration

Approx.
1 -2 months

View Fee Schedule
Appeal (TTAB)
Assignments

3a. USPTO publishes mark

News & Notices

Approx.
3 months

3b. USPTO issues letter (Office action)

OR

Within
6 months

Manuals, Guides, Official Gazette

4a. Applicant timely responds

Laws & Regulations
Online Filing

4b. Applicant does not
respond and application
abandons

OR

Within
1 -2 months

Contact Trademarks

5a. U.S. publishes mark

OR

Approx.
3 months

5b. U.S. issues letter (Office action)
Within.
6 months

6a. Applicant timely responds
/ Files appeal

OR

Approx.
1 -2 months

7a. USPTO publishes mark
Approx.
3 months

OR

6b. Applicant does not
respond and application
abandons

7b. Applicant’s appeal sent to TTAB

8. Mark registers
Between
5 - 6 yrs.

9. Owner files Section 8 declaration

Every
10 yrs.

AND

10. Owner files Section 8 declaration and
Section 9 renewal

This timeline does not cover every application scenario. If you find that you are well outside of the listed timeframes, call
your assigned examining attorney or the Trademark Assistance Center (TAC) at 571.272.9250.

Step 1. Application filed: The applicant files its U.S. application and relies on ownership of a foreign registration. The
foreign registration does not have to be submitted with the U.S. application, but when the foreign registration is submitted it
should meet all of the following criteria: 1) issued by a country that is a party to a treaty or agreement with the United
States; 2) from the applicant’s country of origin; 3) owned by the applicant that filed the U.S. application; 4) the mark must
be the same as the mark in the U.S. application; and 5) the goods/services must encompass the goods/services in the U.S.
application. Approximately 3 months go to step 2.
Step 2. USPTO reviews application: If the minimum filing requirements for all applications are met, the application is
assigned to an examining attorney who determines whether federal law permits registration. Filing fee(s) will not be
refunded, even if the application is later refused registration on legal grounds. Approximately 1 to 2 months go to step 3a
or step 3b.
Step 3a. USPTO publishes mark: If no refusals or additional requirements are identified and the foreign registration
certificate and English translation thereof was included in the application, the examining attorney approves the mark for

http://www.uspto.gov/trademarks/process/tm_sec44etimeline.jsp[1/3/2013 3:29:22 PM]

United States Patent and Trademark Office
publication in the Official Gazette (OG) . The OG , a weekly online publication, gives notice to the public that the USPTO
plans to issue a registration. Approximately 1 month after approval, the mark will publish in the OG for a 30-day opposition
period, which may be extended upon request by a potential opposer. No further action is taken until the opposition period
(including any extensions of time) has expired and any oppositions are resolved. Approximately 3 months go to step 8.
Step 3b. USPTO issues letter (Office action): If refusals or requirements are identified the examining attorney issues a
letter (Office action) requiring the applicant to address the issues. For example if the U.S. application does not meet the
44(e) requirements the applicant must either correct the deficiencies or provide another filing basis, such as Section 1a (use
in commerce) or Section 1b (intent to use). Additionally, if the application fails to provide a foreign registration certificate,
the examining attorney will require the application to submit a foreign registration certificate and English translation thereof.
Applications are not suspended pending submission of a copy of the foreign registration certificate, unless the applicant
establishes that it cannot obtain a copy of the foreign registration due to extraordinary circumstances (e.g., war or natural
disaster). Within 6 months go to step 4a or step 4b.
Step 4a. Applicant timely responds: In order to avoid abandonment of the application, the applicant must submit a
timely response addressing each refusal and/or requirement stated in the Office action. The examining attorney will review
the submitted response to determine if all refusals and/or requirements have been satisfied. If an applicant fails to submit a
copy of the foreign registration certificate in its response, the applicant has failed to respond to an outstanding requirement.
Accordingly, the examining attorney will issue a “final” Office action. The Office action makes final any remaining refusals or
requirements. An applicant may respond to a final office action by (a) overcoming the refusals and complying with the
requirements, or (b) appealing to the Trademark Trial and Appeal Board. Within 1 to 2 months go to step 5a or step 5b.
Step 4b. Applicant does not respond and application abandons: If the applicant does not respond within 6 months
from the date the Office Action was issued, the application is abandoned. The term “abandoned” means that the application
process has ended and the trademark will not register. Filing fees are not refunded when applications abandon. Abandoned
applications are “dead,” since they are no longer pending or under consideration for approval. To continue the application
process, the applicant must file a petition to revive the application within 2 months of the abandonment date. If more than
2 months after the abandonment date, the petition will be denied as untimely and the applicant must file a new application
with the appropriate fee(s).
Step 5a. USPTO publishes mark: If the applicant’s response overcomes the refusals and/or satisfies all requirements
including the submission of the foreign registration certificate and English translation thereof, the examining attorney
approves the mark for publication in the Official Gazette (OG) . The OG , a weekly online publication, gives notice to the
public that the USPTO plans to issue a registration. Approximately 1 month after approval, the mark will publish in the OG
for a 30-day opposition period, which may be extended upon request by a potential opposer. No further action is taken until
the opposition period (including any extensions of time) has expired and any oppositions are resolved. Approximately 3
months go to step 8.
Step 5b. USPTO issues final letter (Office action): If the applicant’s response fails to overcome the refusals and/or
satisfy the outstanding requirements, the examining attorney will issue a “Final” refusal letter (Office action). The Office
action makes “final” any remaining refusals or requirements. An applicant may respond to a final office action by a)
overcoming the refusals and complying with the requirements or b) appealing to the Trademark Trial and Appeal Board.
Within 6 months go to step 6a or step 6b.
Step 6a. Applicant timely responds / Files appeal: To avoid abandonment of the application, the applicant must
submit a timely response addressing each refusal and/or requirement stated in the “final” Office action. Alternatively, or in
addition to the response, the applicant may also submit a Notice of Appeal to the Trademark Trial and Appeal Board (TTAB).
The examining attorney will review the submitted response to determine if all refusals and/or requirements have been
satisfied. If the applicant’s response fails to overcome the refusals and/or satisfy the outstanding requirements, the
application will be abandoned unless the applicant has filed a Notice of Appeal, in which case the application is forwarded to
the TTAB. The term “abandoned” means that the application process has ended and the trademark will not register. Filing
fees are not refunded when applications abandon. Abandoned applications are “dead,” since they are no longer pending or
under consideration for approval. Approximately 1 to 2 months go to step 7a or step 7b.
Step 6b. Applicant does not respond and application abandons: If the applicant does not respond within 6 months
from the date the Office Action was issued, the application is abandoned. The term “abandoned” means that the application
process has ended and the trademark will not register. Filing fees are not refunded when applications abandon. Abandoned
applications are “dead,” since they are no longer pending or under consideration for approval. To continue the application
process, the applicant must file a petition to revive the application within 2 months of the abandonment date. If more than
2 months after the abandonment date, the petition will be denied as untimely and the applicant must file a new application
with the appropriate fee(s).
Step 7a. USPTO publishes mark: Applicant has satisfied all the refusals and/or requirements. Accordingly, the examining
attorney approves the mark for publication in the Official Gazette (OG) . The OG , a weekly online publication, gives notice to
the public that the USPTO plans to issue a registration. Approximately 1 month after approval, the mark will publish in the
OG for a 30-day opposition period, which may be extended upon request by a potential opposer. No further action is taken
until the opposition period (including any extensions of time) has expired and any oppositions are resolved. Approximately 3
months go to step 8.
Step 7b. Applicant’s appeal sent to TTAB: If the applicant’s response does not overcome the refusals and/or satisfy all
of the requirements and the applicant has filed a Notice of appeal with the Trademark trial and Appeal Board (TTAB), the
appeal will be forwarded to the TTAB. Information about the TTAB can be found at www.uspto.gov.
Step 8. Mark registers: Within approximately 3 months after the mark published in the Official Gazette (OG) , if no
opposition was filed, then the USPTO issues a registration. If an opposition was filed but it was unsuccessful, the registration
issues when the Trademark Trial and Appeal Board (TTAB) dismisses the opposition. After a registration issues, to keep the
registration “alive,” the registrant must file specific maintenance documents. Between 5 to 6 years go to step 9 or every 10
years go to step 10.
Step 9. Owner Files Section 8 declaration: Before the end of the 6-year period after the registration date, or within
the 6-month grace period after the expiration of the sixth year, the registration owner must file a Declaration of Use or
Excusable Nonuse under Section 8. Failure to file this declaration will result in the cancellation of the registration.
Step 10. Owner files Section 8 declaration and Section 9 renewal: Within 1 year before the end of every 10-year
period after the registration date, or within the 6-month grace period thereafter, the registration owner must file a
Combined Declaration of Use or Excusable Nonuse/Application for Renewal under Sections 8 and 9. Failure to make these
required filings will result in cancellation and/or expiration of the registration.

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Terms of Use

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Section 66(a) Timeline: Application based on the Madrid Protocol

Trademarks Process

Place your mouse over the steps for more information on each step.

Trademark Basics
Search Marks

1. USPTO receives
Request for Extension of
Protection

File Forms Online
Check Status

approx.
3 months

View Documents
Maintain/Renew a Registration
View Fee Schedule

2. USPTO reviews Request for
Extension of Protection

Appeal (TTAB)

approx.
1 month

Assignments
News & Notices
Manuals, Guides, Official Gazette
Laws & Regulations

3a. USPTO publishes mark
approx.
3 months

3b. USPTO issues letter (Office action)

OR

within
6 months

Online Filing

4a. Applicant timely responds

Contact Trademarks

approx.
1 -2 months

5a. USPTO Publishes Mark
approx.
3 months

OR

4b. Applicant does not
respond and application
abandons

OR

5b. USPTO Issues Final letter (Office action)
within
6 months

6a. Applicant timely
responds/Files appeal

OR

6b. USPTO issues
suspension inquiry

approx.
1 -2 months

7a. USPTO publishes mark
approx.
3 months

OR

7b. Applicant’s appeal sent to TTAB

8. Mark registers (Certificate of Extension of Protection granted)
bet.
5 & 6 yrs.

9a. Owner files section 71
declaration

every
10 yrs.

AND

9b. Owner files section 71 declaration

This timeline does not cover every application scenario. If you find that you are well outside of the listed timeframes, call
your assigned examining attorney or the Trademark Assistance Center (TAC) at 571.272.9250, or the Madrid Processing
Unit at 571.272.8910.

Step 1. USPTO receives Request for Extension of Protection: The World Intellectual Property Organization’s
International Bureau (IB) transmits the Request for Extension of Protection (REP) to the USPTO. The actual transmission to
the USPTO could be weeks or months after the applicant’s submission of the REP to its “Office of Origin.” Applicants may
not request protection directly, but must file such requests through a “home country” intellectual property office.
Step 2. USPTO reviews Request for Extension of Protection: The Request for Extension of Protection is examined
under the same standards as any other application for registration on the Principal Register. The USPTO examining attorney
determines whether U.S. law permits registration. Filing fee(s) will not be refunded, even if the application is later refused

http://www.uspto.gov/trademarks/process/tm_sec66atimeline.jsp[1/3/2013 3:29:39 PM]

United States Patent and Trademark Office
registration on legal grounds.
Step 3a. USPTO publishes mark: If no refusals or additional requirements are identified, the USPTO examining attorney
approves the mark for publication in the Official Gazette ( OG ). The OG , a weekly online publication, gives notice to the
public that the USPTO plans to issue a registration. Approximately 1 month after approval, the mark will publish in the OG
for a 30-day opposition period, which may be extended upon request by the potential opposer.
Step 3b. USPTO issues letter (Office action): If refusals and/or requirements exist, the USPTO examining attorney
issues a letter (Office action, referred to by the International Bureau (IB) as a Provisional Refusal) explaining the refusals
and/or requirements. This letter is sent to the IB, which forwards the action to the applicant. The refusal is either “total,”
meaning it applies to all goods/services/classes, or is “partial,” meaning it applies to certain goods/services/classes. Within 6
months of the date the Office action was sent to the IB (USPTO mailing date), the applicant must submit a response to the
USPTO that addresses each refusal and/or requirement in a “total” refusal. If the refusal is “partial,” and the applicant does
not respond within 6 months of the USPTO mailing date, the USPTO will abandon only those goods/services/classes refused
and approve the mark for publication in the Official Gazette (OG) .
Step 4a. Applicant timely responds: To avoid abandonment of the application, the applicant must submit a timely
response addressing each refusal and/or requirement stated in the Office action. The examining attorney will review the
submitted response to determine if all refusals and/or requirements have been satisfied. If the applicant’s response fails to
satisfy any of the refusals and/or requirements, the examining attorney will issue an Office action making any remaining
refusals and/or requirements “final.” An applicant may respond to a final Office action by (a) overcoming the refusals and
complying with the requirements, or (b) appealing to the Trademark Trial and Appeal Board.
Step 4b. Applicant does not respond and application abandons: If the applicant does not respond within 6 months
from the date the Office action was issued in a “total” refusal, the application is abandoned. If the refusal is “partial,” and
the applicant does not respond within 6 months of the USPTO mailing date, the USPTO will abandon only those
goods/services/classes refused and approve the mark for publication in the Official Gazette (OG) . See Step 5a USPTO
publishes mark.
The term “abandoned” means that the application process has ended and the trademark will not register. Filing fees are not
refunded when applications abandon. Abandoned applications are “dead,” since they are no longer pending or under
consideration for approval. To continue the application process, the applicant must file a petition to revive the application
within 2 months of the abandonment date. Applications with partially abandoned goods/services/classes may petition to
revive within 2 months of the date of the examiner’s amendment abandoning/deleting those goods/services/classes. If
more than 2 months after the abandonment date, the petition will be denied as untimely and the applicant must file a new
application with the appropriate fee(s) or designate the United States for protection again in a “Subsequent Designation” of
the International Registration of the mark.
Step 5a. USPTO publishes mark: If no refusals or additional requirements are identified, the USPTO examining attorney
approves the mark for publication in the Official Gazette ( OG ). The OG , a weekly online publication, gives notice to the
public that the USPTO plans to issue a registration. Approximately 1 month after approval, the mark will publish in the OG
for a 30-day opposition period, which may be extended upon request by the potential opposer.
Step 5b. USPTO issues final letter (Office action): The examining attorney will issue a “final” Office action directly to
the applicant or applicant’s U.S. attorney. The Office action makes “final” any remaining refusals or requirements. The
applicant may respond to a final Office action by (a) overcoming the refusals and complying with the requirements; (b)
appealing to the Trademark Trial and Appeal Board; or (c) filing a petition to the Director in limited circumstances where
review by the Director is allowed.
Step 6a. Applicant timely responds/Files appeal: To avoid abandonment of the application, the applicant must submit
a timely response addressing each refusal and/or requirement stated in the “final” Office action. Alternatively, or in addition
to the response, the applicant may also submit a Notice of Appeal to the Trademark Trial and Appeal Board (TTAB). The
examining attorney will review the submitted response to determine if all refusals and/or requirements have been satisfied.
If the applicant’s response fails to overcome the refusals and/or satisfy the outstanding requirements, the application will be
abandoned, either in “total” or in “part” if specified, unless the applicant has filed a Notice of Appeal, in which case the
application is forwarded to the TTAB. The term “abandoned” means that the application process has ended and the
trademark will not register. Filing fees are not refunded when applications abandon. Abandoned applications are “dead,”
since they are no longer pending or under consideration for approval. For goods/services/classes partially abandoned after
“final” refusal, such goods/services/classes are no longer part of the application.
Step 6b. Applicant does not respond and application abandons: If the applicant does not respond within 6 months
from the date the “final” Office action was issued, and the action does not specifically state that certain
goods/services/classes will be “allowed” (or that certain goods/services/classes will be “deleted”) if no reply is received, the
entire application is abandoned. The term “abandoned” means that the application process has ended and the trademark
will not register. Filing fees are not refunded when applications abandon. Abandoned applications are “dead,” since they are
no longer pending or under consideration for approval. To continue the application process, the applicant must file a
petition to revive the application within 2 months of the abandonment date. If more than 2 months after the abandonment
date, the petition will be denied as untimely and the applicant must file a new application with the appropriate fee(s) or
designate the United States for protection again in a “Subsequent Designation” of the International Registration of the mark.
Step 7a. USPTO publishes mark: If no refusals or additional requirements are identified, the USPTO examining attorney
approves the mark for publication in the Official Gazette ( OG ). The OG , a weekly online publication, gives notice to the
public that the USPTO plans to issue a registration. Approximately 1 month after approval, the mark will publish in the OG
for a 30-day opposition period, which may be extended upon request by the potential opposer.
Step 7b. Applicant’s appeal sent to TTAB: If the applicant’s response does not overcome the refusals and/or satisfy all
of the requirements and the applicant has filed a Notice of appeal with the Trademark Trial and Appeal Board (TTAB), the
appeal will be forwarded to the TTAB. Information about the TTAB can be found online at
http://www.uspto.gov/trademarks/process/appeal/index.jsp.
Step 8. Mark registers (Certificate of Extension of Protection granted): Approximately 3 months after the mark is
published in the Official Gazette ( OG ), if no opposition was filed, then the USPTO issues a certificate of registered extension
of protection, referred to as a U.S. registration. If an opposition was filed but it was unsuccessful, the registration issues
after the Trademark Trial and Appeal Board terminates the opposition.
Step 9a. Owner files Section 71 declaration: Between the 5th and 6th year after the date on which the USPTO issues
the U.S. registration, or within the 6-month grace period with an additional fee, the holder of the international registration

http://www.uspto.gov/trademarks/process/tm_sec66atimeline.jsp[1/3/2013 3:29:39 PM]

United States Patent and Trademark Office
must file directly with the USPTO a Section 71 Affidavit of Use or Excusable Nonuse. Failure to file this declaration will result
in the cancellation of the U.S. registration. The USPTO will then notify the International Bureau of the cancellation and
invalidation of protection in the United States. The holder of the international registration may again designate the United
States for protection in a “Subsequent Designation” of the international registration of the mark.
Step 9b. Owner files Section 71 declaration: Within 1 year preceding the end of every 10-year anniversary of the
U.S. registration, or within the 6-month grace period with an additional fee, the holder of the international registration must
file directly with the USPTO a Section 71 Declaration of Use or Excusable Nonuse. Failure to make these required filings will
result in cancellation of the U.S. registration. The USPTO will then notify the International Bureau of the cancellation. In
addition, to the USPTO maintenance requirements, the holder must also renew the international registration with the
International Bureau every 10 years from the date of international registration
(http://www.wipo.int/madrid/en/filing/renewal.html). Failure to renew the international registration will result in cancellation
by the International Bureau, which will notify all designated contracting parties that protection need no longer be afforded
to the mark.
Accessibility

Federal Activities Inventory
Reform (FAIR) Act

Department of Commerce
NoFEAR Act Report

Strategy Targeting Organized
Piracy (STOP!)

Notification and Federal
Employee Antidiscrimination and
Retaliation (NoFEAR) Act

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Terms of Use

This page is owned by Website Management Branch.

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United States Patent and Trademark Office

search for patents | search for trademarks
Search our site

Go

PATENTS TRADEMARKS IP LAW & POLICY PRODUCTS & SERVICES INVENTORS NEWS & NOTICES FAQs ABOUT US
Home Page

TRADEMARKS

Trademarks Process

Trademark Search
Trademarks Process
Trademark Basics

Post Registration Timeline for all Registrations except Madrid
Protocol-Based Registrations
Place your mouse over the steps for more information on each step.

Search Marks
File Forms Online
Check Status

1. Mark registers

View Documents
Maintain/Renew a Registration
View Fee Schedule
Appeal (TTAB)
Assignments

2. Required post registration
documents
Bet.
5 -6 years

2a. Optional post registration
documents
Anytime

5 years
or more

News & Notices

3. Section 8 declaration
Manuals, Guides, Official Gazette

Every
10 years

Laws & Regulations
Online Filing
Contact Trademarks

4. Combined Section 8
declaration and Section 9
renewal

3a. Ownership change
and Section 7(d)
request for new
registration certificate

4a. Section 15
declaration of
incontestability

And / Or

3b. Section 7(e) voluntary
surrender of registration
And / Or

3c. Sections 7(g) and 7(h)
amendment and correction of
registration
This timeline does not cover every post-registration scenario. If you need additional assistance, call the Trademark
Assistance Center (TAC) at 1-800-786-9199.

Step 1. Mark registers: After a registration issues, to keep the registration “alive” or valid, the registration owner must file
specific documents and pay fees at regular intervals. The deadlines for filing these documents are calculated from the
registration date shown on the registration certificate. Failure to file these documents will result in the cancellation and/or
expiration of your registration. The USPTO does not issue reminders of these deadlines. Go to step 2 for required post
registration documents and go to step 2a for optional post registration documents.
Step 2. Required post registration documents: The following documents must be timely filed to maintain a
registration. Go to step 3.
Step 2a. Optional post registration documents: The following documents are not mandatory to maintain a
registration. For optional documents that may be filed anytime go to step 3a and for optional documents that may be filed
every 5 years or more go to step 4a.
Step 3. Section 8 declaration: Between the 5th and 6th year after the registration date the owner must file a Declaration
of Use or Excusable Nonuse under Section 8. This declaration requires a fee. The filing may also be made within a 6-month
grace period after the expiration of the 6th year with the payment of an additional fee. Failure to file this declaration will
result in the cancellation of the registration. The USPTO does not issue a reminder of these deadlines. The Section 8
declaration may be combined with an optional Section 15 declaration of incontestability. Go to step 4.
Step 3a. Ownership change and Section 7(d) request for new registration certificate: An owner may transfer or
assign a registered mark to a new owner. The new owner is encouraged to record the assignment with the USPTO. If the
owner would like a new registration certificate, the owner must submit a separate request showing that the assignment has
been recorded with the USPTO. A fee is required. Go to Step 3b.
Step 3b. Section 7(e) voluntary surrender of registration: The owner of a registration may voluntarily surrender the
registration, in its entirety or for a portion of the goods and/or services. No fee is required. Go to Step 3c.
Step 3c. Sections 7(g) and 7(h) amendment and correction of registration: A registration owner may file a Section
7 request to amend or correct the registration at any time. The amendment may not materially alter the mark or broaden

http://www.uspto.gov/trademarks/process/postreg_nonmadrid_timeline.jsp[1/3/2013 3:30:00 PM]

United States Patent and Trademark Office
the goods and/or services. A fee is required, except for corrections due to USPTO error.
Step 4. Combined Section 8 declaration and Section 9 renewal: Between the 9th and 10th year after the
registration date and every 10 years thereafter, the owner must file a Combined Declaration of Use or Excusable Nonuse
and Application for Renewal under Sections 8 and 9. This filing requires a fee. The filing may also be made within a 6month grace period after the 10th year with the payment of an additional fee. Failure to file this declaration will result in the
cancellation and/or expiration of the registration. The USPTO does not issue a reminder of these deadlines.
Step 4a. Section 15 declaration of incontestability: A Section 15 declaration may only be filed for a mark on the
Principal Register that has been in continuous use in commerce for a period of 5 years after the date of the registration and
there is no adverse decision(s) or pending proceeding(s) involving rights in the mark. “Incontestability” enhances the legal
presumptions the registration receives. This declaration requires a fee.
Accessibility

Federal Activities Inventory
Reform (FAIR) Act

Department of Commerce
NoFEAR Act Report

Strategy Targeting Organized
Piracy (STOP!)

Notification and Federal
Employee Antidiscrimination and
Retaliation (NoFEAR) Act

Regulations.gov

Careers

Security

STOP!Fakes.gov

Site Index

Emergencies/Security Alerts

Budget & Performance

Department of Commerce

Contact Us

Information Quality Guidelines

Freedom of Information Act
(FOIA)

USA.gov

USPTO Webmaster

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Terms of Use

This page is owned by Website Management Branch.

http://www.uspto.gov/trademarks/process/postreg_nonmadrid_timeline.jsp[1/3/2013 3:30:00 PM]

Last Modified: 01/03/2013 18:08:13

United States Patent and Trademark Office

search for patents | search for trademarks
Search our site

Go

PATENTS TRADEMARKS IP LAW & POLICY PRODUCTS & SERVICES INVENTORS NEWS & NOTICES FAQs ABOUT US
Home Page

TRADEMARKS

Trademarks Process

Trademark Search
Trademarks Process
Trademark Basics

Post Registration Timeline for Madrid Protocol-Based
Registrations
Place your mouse over the steps for more information on each step.

Search Marks
File Forms Online
Check Status

1. Mark registers

View Documents
Maintain/Renew a Registration
View Fee Schedule
Appeal (TTAB)
Assignments

2. Required post registration
documents
Bet.
5 -6 years

2a. Optional post registration
documents
Anytime

5 years
or more

News & Notices

3. Section 71 declaration
Manuals, Guides, Official Gazette

Every
10 years

Laws & Regulations
Online Filing

3a. Section 7(d) request
for new U.S. registration
certificate

4a. Section 15
declaration of
incontestability

And / Or

4. Section 71 declaration

Contact Trademarks

3b. Section 7(e) voluntary
surrender of registration
And / Or

3c. Sections 7(g) and 7(h)
amendment and correction of
registration
This timeline does not cover every post-registration scenario. If you need additional assistance, call the Trademark
Assistance Center (TAC) at 1-800-786-9199.
Step 1. Mark registers: After a U.S. registration issues, to keep the registration “alive” or valid, the U.S. registration
owner must file specific documents and pay fees at regular intervals. The deadlines for filing Section 71 declarations of use
and excusable nonuse are calculated from the registration date shown on the U.S. registration certificate. However, the
deadlines for renewing the international registration with the International Bureau of the World Intellectual Property
Organization are calculated from the international registration date. Failure to file both of these documents will result in the
cancellation of your U.S. registration. The USPTO does not issue reminders of these deadlines. Go to step 2 for required
post registration documents and go to Step 2a for optional post registration documents.
Step 2. Required post registration documents: The following documents must be timely filed to maintain a
registration. Go to Step 3.
Step 2a. Optional post registration documents: The following documents are not mandatory to maintain a
registration. For optional documents that may be filed anytime go to Step 3a and for optional documents that may be filed
every 5 years or more go to Step 4a.
Step 3. Owner files Section 71 declaration of use or excusable nonuse: Between the 5th and 6th year after the
USPTO issues the U.S. registration, the U.S. registration owner must file directly with the USPTO a declaration of use or
excusable nonuse. This declaration requires a fee and specimens of use. The filing may also be made within a 6-month
grace period after the expiration of the 6th year with the payment of an additional fee. Failure to file this declaration will
result in the cancellation of the U.S. registration and invalidation of the extension of protection of the international
registration to the United States. The USPTO does not issue a reminder of this deadline. Go to Step 4.
Step 3a. Section 7(d) request for new U.S. registration certificate: The owner of a registered extension of
protection to the U.S. may only request a new U.S. registration certificate for the unexpired part of the registration period
after filing the appropriate change request with the International Bureau of the World Intellectual Property Organization.
Any change in ownership, such as by assignment, transfer, or change of name, must first be recorded at the International
Bureau (IB). The IB will notify the USPTO of any changes of ownership that affect the extension of protection to the United
States, including partial changes of ownership of less than all of the goods and/or services. The USPTO will update its
electronic records to reflect the change. If the owner would like a new U.S. registration certificate, the owner must submit a
separate request and pay the required fee. Go to Step 3b.
Step 3b. Section 7(e) voluntary surrender of U.S. registration: A U.S. registration owner may voluntarily surrender

http://www.uspto.gov/trademarks/process/postreg_madrid_timeline.jsp[1/3/2013 3:30:22 PM]

United States Patent and Trademark Office
the U.S. registration, in its entirety or for a portion of the goods and/or services. No fee is required. Go to Step 3c.
Step 3c. Sections 7(g) and 7(h) amendment and correction of U.S. registration: A U.S. registration owner may
file a request to amend or correct the U.S. registration at any time, but only in limited circumstances where the change will
affect only the extension of protection to the United States. No amendments to the mark or to broaden the goods and/or
services are allowed. A fee is required, except for corrections due to USPTO error.
Step 4. Owner files Section 71 declaration of use or excusable nonuse: Between the 9th and 10th year after the
registration date and every 10 years thereafter, the U.S. registration owner must file directly with the USPTO a declaration
of use or excusable nonuse. This declaration requires a fee and specimens of use. The filing may also be made within a 6month grace period after the 10th year with the payment of an additional fee. Failure to file this declaration will result in the
cancellation of the U.S. registration and invalidation of the extension of protection of the international registration to the
United States. In addition, the international registration must be renewed with the International Bureau every 10 years from
the date of international registration. Failure to file this renewal will result in the cancellation of the U.S. registration. The
USPTO does not issue a reminder of these deadlines.
Step 4a. Section 15 declaration of incontestability: A Section 15 declaration may be filed for a mark on the Principal
Register that has been in continuous use in commerce for a period of 5 years after the date of the U.S. registration and
there is no adverse decision(s) or pending proceeding(s) involving rights in the mark. “Incontestability” enhances the legal
presumptions the U.S. registration receives. This declaration requires a fee.
Accessibility

Federal Activities Inventory
Reform (FAIR) Act

Department of Commerce
NoFEAR Act Report

Strategy Targeting Organized
Piracy (STOP!)

Notification and Federal
Employee Antidiscrimination and
Retaliation (NoFEAR) Act

Regulations.gov

Careers

Security

STOP!Fakes.gov

Site Index

Emergencies/Security Alerts

Budget & Performance

Department of Commerce

Contact Us

Information Quality Guidelines

Freedom of Information Act
(FOIA)

USA.gov

USPTO Webmaster

Privacy Policy
Terms of Use

This page is owned by Website Management Branch.

http://www.uspto.gov/trademarks/process/postreg_madrid_timeline.jsp[1/3/2013 3:30:22 PM]

Last Modified: 01/03/2013 18:08:14

Exhibit 22

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Exhibit 26

Topic: Al Capone - Timelines.com

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Chicago Mobs, Chicago Gangsters, Scarface, Crime, Chicago, Alcatraz, Hymie Weiss,
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18 Oct 1931
Al Capone Convicted of
Federal Tax Evasion
The U.S. Treasury Department had been
developing evidence on tax evasion charges in addition to Al Capone, his brother Ralph
"Bottles" Capone, Jake "Greasy Thumb"
Guzik, Frank Nitti and other mobsters were
subjects of tax evasion charges. On June 16,
1931, Al Capone pled guilty to tax evasion
and prohibition charges. He then boasted to
the press that he had struck a deal for a twoand-one-half year sentence, but the pr...

View Event

Al Capone Events
1894

Al Capone's parents (Gabriele and Teresa)
immigrate to the United States
Gabriele was a barber from Castellammare di Stabia, a town
about 15 miles (24 km) south of Naples, Italy. Gabriele and
Teresina had 8 children: James Capone (1892 – October 1, 1952),
R...

1899 Jan 17

Al Capone Born
Alphonse Gabriel Capone was born in Garden City, New York to
Gabriel (December 12, 1864 – November 14, 1920) and Teresina
Capone (December 28, 1867 – November 29, 1952), on January
17, 18...

1913

Al Capone Expelled From School
Al did quite well in school until the sixth grade when his steady
record of B's deteriorated rapidly. At fourteen, he lost his temper
at the teacher, she hit him and he hit her back. He...

http://timelines.com/topics/al-capone[1/10/2013 2:15:04 PM]

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Topic: Al Capone - Timelines.com

1917

Al Capone Becomes "Scarface" From Knife
Fight
Back in 1917 young burly Al Capone was working in the Harvard
Inn on Coney Island for Frankie Yale. Frankie Yale was a mob
boss in New York. On one particular evening back in 1917 ...

1918 Dec 30

Al Capone Marries Mae Josephine Coughlin
In 1918 Capone married Mae Coughlin, an Irish girl, who gave
him a son that year, Albert "Sonny" Francis Capone. The couple
lived in Brooklyn for a year. In 1919 he lived in Amityville, L...

1920

Al Capone Moves From New York to Chicago
Capone's departure from New York, with his family, to Chicago is
believed to have occurred in 1921. Capone purchased a modest
house at 7244 South Prairie Ave. in the Park Manor neighborho...

1923

Al Capone moves his gang's headquarters to
Cicero, Illinois
After the 1923 election of reform mayor William Emmett Dever,
Chicago's city government began to put pressure on the gangster
elements inside the city limits. To put its headquarters outs...

1925 Feb

Johnny Torrio Retires, Puts Al Capone In
Charge
The Torrio-Capone duo soon was on the move, taking over mobs
that bowed to their entreaties or threats and going to war with
those that wouldn't cooperate. Their most impressive coup was ...

1926 Sep 20

Hymie Weiss and Bugs Moran Assassination
Attempt Of Al Capone
However, the violence that lead to this unprecedented level of
criminal success drew the retaliation from Capone's rivals,
particularly his bitter rivalries with North Side gangsters lead...

1926 Oct 11

Gangster Hymie Weiss killed by Capone's Mob
Hymie Weiss was suspected of having formed an alliance with
South Side beer baron Joe Saltis, who went on trial for murder in
October 1926. It was widely rumored that Weiss would buy off ...

1928

Al Capone buys 14 room mansion in Palm
Island, FL
Sometime in 1928, Al Capone purchased a 14 room mansion in
Palm Island, Florida.

1929 Feb 14

St. Valentine's Day Massacre
Capone's most notorious killing was the St. Valentine's Day
Massacre. On February 14, 1929, four Capone men entered a
garage at 2122 N. Clark Street. The building was the main liquor
head...

1929 May 18
to 1930 Mar 17

Al Capone jailed for first time in Philadelphia's
Eastern State Penitentiary for carrying
concealed deadly weapons
On May 17, 1929, Al Capone and his bodyguard were arrested in
Philadelphia for carrying concealed deadly weapons. Within 16

http://timelines.com/topics/al-capone[1/10/2013 2:15:04 PM]

Topic: Al Capone - Timelines.com

hours they had been sentenced to terms of one year each.
Capone...

1931 Oct 18

Al Capone Convicted of Federal Tax Evasion
The U.S. Treasury Department had been developing evidence on
tax evasion charges - in addition to Al Capone, his brother Ralph
"Bottles" Capone, Jake "Greasy Thumb" Guzik, Frank Nitti and...

1932 Apr 9

"Scarface" Is Released
Scarface (also known as Scarface: The Shame of the Nation and
The Shame of a Nation) is a 1932 American gangster film,
directed by Howard Hawks and starring Paul Muni, Ann Dvorak,
Karen M...

1934 Aug 11

First Prisoners Arrive at Alcatraz Prison (Likely
Including Al Capone)
On August 11, 1934, a group of federal prisoners arrived at
Alcatraz Island, a twenty-two-acre rock outcropping one-andone-half miles offshore in San Francisco Bay. The Alcatraz
Federal ...

1939 Nov 16

Al Capone paroled and returns home to Palm Island,
Florida
Al Capone was paroled on November 16, 1939 from the Federal Correctional
Institution at Terminal Island in California, spent a short time in a hospital, then
returned to his home in Palm...

1941 Dec 8

Al Capone's Armored Cadillac Used as Franklin
D. Roosevelt's Limousine
"I hope Mr. Capone won’t mind." —FDR, when a reporter
told him where the car came from

1947 Jan 25

Al Capone Dies
After his release, Capone spent a short time in the hospital. He
returned to his home in Palm Island where the rest of his life was
relaxed and quiet. His mind and body continued to deter...

1983 Dec 9

"Scarface" Is Released
Scarface is a 1983 epic crime drama film directed by Brian De
Palma, written by Oliver Stone, and starring Al Pacino as Tony
Montana. Based on Howard Hawks' original 1932 film of the
same...

1986 Apr 21

Geraldo Rivera opens up Al Capone's safe on
live TV
The Mystery of Al Capone's Vault was a one-time live American
television special broadcast in syndication in April 1986 hosted
by Geraldo Rivera. The program was centered around the openi...

Criminal Investigator

http://timelines.com/topics/al-capone[1/10/2013 2:15:04 PM]

Topic: Al Capone - Timelines.com

www.CompareTopSchools.com
Become a Criminal Investigator. Search For Accredited Schools Now.

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http://timelines.com/topics/al-capone[1/10/2013 2:15:04 PM]

Exhibit 27

Topic: Amelia Earhart - Timelines.com

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Topic

Amelia Earhart

Related Topics
Aviation, Aviatrix, Frank Hawks, Los Angeles, American History, U.S. Navy,
Ben Howard, Ruth Nichols, Bendix Trophy Race, New Jersey

SHARE

1935
Amelia Earhart is first
woman in Bendix Trophy
Race
Earhart again participated in long-distance
air racing, placing fifth in the 1935 Bendix
Trophy Race, the best result she could
manage considering that her stock Lockheed
Vega topping out at 195 mph (314 km/h) was
outclassed by purpose-built air racers which
reached more than 300 mph (480
km/h).[89] The race had been a particularly
difficult one as one competitor, Cecil Allen,
died in a fiery takeoff mishap and rival
Jacqueline Cochran was for...

View Event

Amelia Earhart Events
1897 Jul 24

Amelia Earhart is born
Amelia Mary Earhart, daughter of Samuel "Edwin" Stanton
Earhart (March 28, 1867) and Amelia "Amy" Otis Earhart (1869–
1962), was born in Atchison, Kansas, in the home of her maternal
grand...

1920 Dec 28

Amelia Earhart experiences her first flight with
Frank Hawks
By 1919 Earhart prepared to enter Smith College but changed her
mind and enrolled at Columbia University signing up for a course
in medical studies among other programs. She quit a year l...

1921 Jan 3

Amelia Earhart takes first flying lesson
Earhart had her first lessons, beginning on January 3, 1921, at
Kinner Field near Long Beach but to reach the airfield Amelia
took a bus to the end of the line, then walked four miles (6 ...

http://timelines.com/topics/amelia-earhart[1/10/2013 2:29:56 PM]

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Topic: Amelia Earhart - Timelines.com

1921 Jul

Amelia Earhart buys her first plane
She hired Neta Snook, the first woman instructor to graduate
from the Curtiss School of Aviation, to teach her. She paid for the
first lessons by driving a sand and gravel truck. After o...

1922 Oct 22

Amelia Earhart sets altitude record for female
pilots
On October 22, 1922, Earhart flew the Airster to an altitude of
14,000 feet (4,300 m), setting a world record for female pilots.
On May 15, 1923, Earhart became the 16th woman to be issue...

1928 Jun 17

Amelia Earhart becomes first woman to fly
across the Atlantic
After Charles Lindbergh's solo flight across the Atlantic in 1927,
Amy Phipps Guest, (1873–1959), expressed interest in being the
first woman to fly (or be flown) across the Atlantic Ocea...

1929 Aug

First Women's Air Derby, Powder Puff Derby
Earhart subsequently made her first attempt at competitive air
racing in 1929 during the first Santa Monica-to-Cleveland
Women's Air Derby (later nicknamed the "Powder Puff Derby" by
Will...

1931 Feb 7

Amelia Earhart marries George Putnam
For a while she was engaged to Samuel Chapman, a chemical
engineer from Boston, breaking off her engagement on November
23, 1928. During the same period, Earhart and Putnam had spent
a gr...

1932 May 20

Amelia Earhart becomes first woman to fly solo
across the Atlantic
On May 20-21, 1932, Earhart accomplished her goal of flying solo
across the Atlantic Ocean. She took off from Newfoundland,
Canada, at 7:12 p.m. on May 20, in her Lockheed Vega. Her
fligh...

1932 Aug 24
to 1932 Aug 25

Amelia Earhart Becomes the First Woman to
Fly Solo from Coast-to-Coast
On August 24-25, 1932, she flew from Los Angeles, California, to
Newark, New Jersey, in a record 19 hours, 5 minutes, flying a
Lockheed Vega, also becoming the first woman to fly solo coa...

1935

Amelia Earhart is first woman in Bendix
Trophy Race
Earhart again participated in long-distance air racing, placing
fifth in the 1935 Bendix Trophy Race, the best result she could
manage considering that her stock Lockheed Vega topping out...

1935 Jan 11

Amelia Earhart becomes first person to fly solo
from Hawaii to California
On January 11, 1935, Earhart became the first person to fly solo
from Honolulu, Hawaii to Oakland, California. Although this
transoceanic flight had been attempted by many others, most
no...

http://timelines.com/topics/amelia-earhart[1/10/2013 2:29:56 PM]

Topic: Amelia Earhart - Timelines.com

1935 Apr 19

Amelia Earhart becomes first person to fly solo
from Los Angeles to Mexico City
That year, once more flying her faithful Vega which she had
tagged "old Bessie, the fire horse," Earhart soloed from Los
Angeles to Mexico City on April 19. The next record attempt was a
...

1937 Mar 17

Amelia Earhart's first attempt to fly around the
world
On St. Patrick's Day, March 17, 1937, they flew the first leg from
Oakland, California to Honolulu, Hawaii. In addition to Earhart
and Noonan, Harry Manning and Hollywood stunt pilot Paul...

1937 Jun 1

Amelia Earhart's second attempt to fly around
the world begins
While the Electra was being repaired Earhart and Putnam
secured additional funds and prepared for a second attempt. This
time flying west to east, the second attempt began with an
unpubli...

1937 Jul 2

Amelia Earhart disappears near Howland
Island
On July 2, 1937 (midnight GMT) Earhart and Noonan took off
from Lae in the heavily loaded Electra. Their intended destination
was Howland Island, a flat sliver of land 6,500 ft (2,000 m) ...

1937 Jul 19

Search for Amelia Earhart is called off
Beginning approximately one hour after Earhart's last recorded
message, the USCG Itasca undertook an ultimately unsuccessful
search north and west of Howland Island based on initial assum...

2008 Apr 6

USNS Amelia Earhart is Launched
USNS Amelia Earhart (T-AKE-6), a Lewis and Clark-class dry
cargo ship is the only ship of the United States Navy to be named
for noted American aviation pioneer and women's rights
advocat...

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http://timelines.com/topics/amelia-earhart[1/10/2013 2:29:56 PM]

Topic: Amelia Earhart - Timelines.com

http://timelines.com/topics/amelia-earhart[1/10/2013 2:29:56 PM]

Exhibit 28

Topic: Battle Of Bull Run - Timelines.com

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Topic

Battle Of Bull Run

Related Topics
American Civil War, Virginia, Eastern Theater Of The American Civil War,
Irvin McDowell, John Pope, Northern Virginia Campaign, James E. Longstreet,
Robert E. Lee, Fitz John Porter, Stonewall Jackson

SHARE

28 Aug 1862
Second Battle of Bull Run
- Brawner's Farm (Day 1)
Our men on the left loaded and
fired with the energy of madmen,
and the 6th worked with equal
desperation. This stopped the rush
of the enemy and they halted and
fired upon us their deadly
musketry. During a few awful
moments, I could see by the lurid
light of the powder flashes, the
whole of both lines. The two ...
were within ... fifty yards o...”
— Maj. Rufus R. Dawes, 6th
Wisconsin
View Event

Battle Of Bull Run Events
1861

"Blind Tom" Wiggins composes "The Battle of
Manassas"
Battle of Manassas was written by Thomas Wiggins (aka "Blind
Tom") at the age of 12. It is a programmatic work which describes
the first major battle of the Civil War. As with many of his...

1861 Jul 21

First Battle of Bull Run
Other Names: First Bull Run Location: Fairfax County and Prince
William County Campaign: Manassas Campaign (July 1861)
Date(s): July 21, 1861 Principal Commanders: Brig. Gen. ...

1862 Aug 28

Second Battle of Bull Run - Brawner's Farm

http://timelines.com/topics/battle-of-bull-run[1/10/2013 2:32:32 PM]

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Topic: Battle Of Bull Run - Timelines.com

(Day 1)
"Our men on the left loaded and fired with the energy of
madmen, and the 6th worked with equal desperation. This
stopped the rush of the enemy and they halted and fired upon us
their deadl..." —Maj. Rufus R. Dawes, 6th Wisconsin

1862 Aug 29

Second Battle of Bull Run - Jackson Defends
Stony Ridge (Day 2)
Jackson had initiated the battle at Brawner's farm with the intent
of holding Pope until Longstreet arrived with the remainder of
the Army of Northern Virginia. Longstreet's 25,000 men be...

1862 Aug 30

Second Battle of Bull Run - Longstreet
Counterattack & Union Retreat (Day 3)
"A splendid army almost demoralized, millions of public property
given up or destroyed, thousands of lives of our best men
sacrificed for no purpose. I dare not trust myself to speak of
th..." —Brig. Gen. Alpheus S. Williams (II Corps division
commander)

Civil War Records
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http://timelines.com/topics/battle-of-bull-run[1/10/2013 2:32:32 PM]

Exhibit 29

Google Labs Launches Google News Timeline - Timelines.com

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Google Labs Launches Google News Timeline

20 Apr 2009

Topics: Google, Google History
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Timelines are becoming an increasingly popular user
interface. Today, Google Labs launched a new product
called Google News Timeline, which lays out the top
stories from Google News in columns for each day. You
can scroll down to see more stories or, of course, can
search for specific topics or keywords. (It also launched
similar image search).
PERMALINK
Added by
Brian Hand

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Source: Erick Schonfeld
http://www.techcrunch.com/2009/04/20/live-at-th... 

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http://timelines.com/2009/4/20/google-labs-launches-google-news-timeline[1/8/2013 6:01:25 PM]

Exhibit 30

Exhibit 31