Offc Action Outgoing

BAD BOY

PLATYPUS WEAR, INC.

U.S. Trademark Registration No. 3667065 - BAD BOY - N/A

To: PLATYPUS WEAR, INC. (kking@badboy.com)
Subject: U.S. Trademark Registration No. 3667065 - BAD BOY - N/A
Sent: 07/18/19 09:47:22 AM
Sent As: prg@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Owner’s Trademark Registration

 

U.S. Registration No. 3667065

 

Mark:  BAD BOY

 

 

 

 

Correspondence Address: 

       Karen B. King

       PLATYPUS WEAR, INC.

       2411 Second Avenue

       2411 Second Avenue

       San Diego, CA 92101

 

 

 

 

 

Owner:  PLATYPUS WEAR, INC.

 

 

 

Reference/Docket No. N/A                

 

Correspondence Email Address: 

       kking@badboy.com

 

 

 

OFFICE ACTION

 

 

The USPTO must receive the owner’s response to this letter within the time period specified below.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears below.

 

Issue date:  July 18, 2019

 

 

The Combined Section 8 Affidavit & Section 9 Renewal Application received on June 19, 2019, is otherwise acceptable; however, the owner of the registration must comply with an audit as explained below. 

 

Registration Selected for Audit

 

The USPTO is performing random audits of US trademark registrations to assess and promote the accuracy and integrity of the trademark register.  See 37 C.F.R. §§2.161(h), 7.37(h).  This registration has been randomly selected for audit to determine whether the mark is in use with all of the goods and/or services identified in the registration.

 

Detailed information regarding the audit program is provided on the following webpage – http://www.gov.uspto.report/trademarks-maintaining-trademark-registration/post-registration-audit-program.

 

To comply with the audit, you must submit proof of use of the registered mark for two additional goods and/or services per class.  Id.   If proof of use for the goods and/or services identified is not available, the identified goods and/or services and any other goods and/or services not currently in use should be deleted from the registration.

 

Therefore, the owner or holder/owner must submit the following:

 

(1)   Proof of current use of the registered mark in commerce for the following goods and/or services:

 

·         “focus mitts used for training boxers, fighters, mixed martial artists and other combat athletes” and “mouth guards all for athletic use” in International Class 28; and

 

(2)   The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “The owner or holder/owner was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted proof of use, during the relevant period for filing the affidavit of use.”  37 C.F.R. §§2.161(h), 7.37(h).

 

Additionally, you must identify the corresponding goods and/or services that each individual piece of evidence of current proof of use supports.  See id.

 

Acceptable proof of use for goods includes photographs that show the mark on the actual goods or packaging, or photographs of displays associated with the actual goods at their point of sale.  A tag or label that is not shown affixed to the goods is not acceptable proof of use.  Similarly, a package that does not show or identify the goods therein is not acceptable proof of use.

 

Acceptable proof of use for services includes signs, photographs, brochures, website printouts or advertisements that show the mark used in the actual sale or advertising of the services.

 

Form Declaration

 

Please note that the below statement verifying proof of use is slightly different than the standard substitute specimen statement.

 

The following statement and declaration under 37 C.F.R. §2.20 can be used to verify the use of the mark as evidenced by the item(s) submitted as proof of use, if properly signed and dated:

 

The owner or holder/owner was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted proof of use and specimen(s), during the relevant period for filing the affidavit of use.

 

The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of this submission, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

 

__________________________

Signature of Authorized Person

 

__________________________

Type or Print Name

 

__________________________

Date

 

WARNING: If your response to this Office action does not meet the requirements of the audit, or includes a request to delete the goods and/or services identified for the audit, and goods and/or services remain in the registration without acceptable proof of use, a second Office action will issue requiring proof of use for all remaining goods and/or services for which proof of use is not of record.  See 37 C.F.R. §§2.161(h), 7.37(h).  Therefore, the owner or holder/owner should delete all goods and/or services for which proof of use cannot be provided.

 

RESPONSE TIME DEADLINE:  A complete response must be received within 6 months from the issuance date of this Office action or on or before the registration expiration date of August 11, 2019, whichever is later.  The owner must respond to all inquiries set forth in this Office action to avoid cancellation and/or expiration of the registration.  If a response is not received, and there is no time remaining in the grace period to file a new affidavit and/or renewal application, the registration will cancel and/or expire in its entirety. 37 C.F.R. §§2.163(b)-(c) and 2.184(b)(1); TMEP §§1604.16 and 1606.12.

 

ADVISORY:  If a response to this Office action is not filed within the response deadline above, and time remains in the grace period, the registrant may avoid cancellation and/or expiration of its registration by filing a new affidavit of use and a new renewal application within the grace period.  37 C.F.R. §§2.163(c) and 2.184(b)(1).  Additional fees are required to file a new renewal application during the grace period.  37 C.F.R. §§2.161(d)(1)-(2) and 2.183(b)-(c).  For more information about this, please contact the undersigned.

 

How to respond.  Click to file a Response to Post-Registration Office action. 

 

Direct questions about this Office action to the Post Registration staff member below.

 

 

/Rodney Makel/

Program Analyst

USPTO - Office of Trademark Quality Review & Training

Phone: (571) 272-2250

Fax: (571) 273-9539

Email: Rodney.Makel@uspto.gov

RESPONSE GUIDANCE

  • Response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS maintenance or unforeseen circumstances could affect an owner’s ability to timely respond.  

 

 

 

On August 3, 2019, changes to the federal trademark regulations will become effective that require trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings who are foreign-domiciled (have a permanent legal residence or a principal place of business outside of the United States), including Canadian filers, to have an attorney who is licensed to practice law in the United States represent them at the USPTO. In addition, U.S.-licensed attorneys representing a trademark applicant, registrant, or party will generally be required to provide their bar membership information, a statement attesting to their good standing in that bar, and their postal/email addresses in trademark-related submissions.  All U.S.-licensed attorneys who practice before the USPTO are subject to the rules in 37 C.F.R. Part 11 governing representation of others, including the USPTO’s Rules of Professional Conduct. 

 

These changes are being made to increase customer compliance with federal trademark law, improve the accuracy of trademark submissions to the USPTO, and safeguard the integrity of the U.S. trademark register.  See the U.S. Counsel Rule change webpage for more information.

 

 

 

U.S. Trademark Registration No. 3667065 - BAD BOY - N/A

To: PLATYPUS WEAR, INC. (kking@badboy.com)
Subject: U.S. Trademark Registration No. 3667065 - BAD BOY - N/A
Sent: 07/18/19 09:47:22 AM
Sent As: prg@uspto.gov
Attachments:





United States Patent and Trademark Office (USPTO)


USPTO Official Notice


Office action (Official Letter) has issued
on 07/18/2019 for
U.S. Trademark Registration No. 3667065


Your trademark document has been reviewed by a Post Registration staff member. As part of that review, the assigned staff member has issued you an official letter that you must respond to by the specified deadline. Please follow the steps below.

(1) Read the official letter.

(2) Direct questions about the contents of the official letter to the staff member identified in the letter. Direct questions about navigating USPTO electronic forms, the USPTO website , the registration maintenance process, the status of your registration, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

(3) Response may be required. Carefully review the Office action to determine (1) if a response is required, (2) the applicable response time period, and (3) how to respond using the Trademark Electronic Application System (TEAS). The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.



GENERAL GUIDANCE


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