Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

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:  September 30, 2019

The Section 7 Amendment submitted on 02/22/2019 is not accepted for the reasons set forth below.

The color claim and color location statement do not identify all the colors appearing in the drawing of the mark.  The color claim and location statement must identify all the colors in the mark on the drawing.  See 37 C.F.R. §§2.52(b)(1) and 2.173(f); cf. TMEP §§807.07 et seq. 

Therefore, the owner must submit a complete color claim and color location statements that reference all the colors appearing in the drawing of the amended mark.

If black, white and/or gray appear in the mark, they must be included in the color claim and color location statement.  If they are not being used as color, they should be omitted from the color claim and the owner must amend the color location statement to specify where the black, white and/or gray appear in the mark.  The owner must also state that they constitute background, outlining, shading or transparent areas, and are not a part of the mark.

To verify the contents of the Section 7 Amendment, as well as any submitted corrections or further amendments, the owner may submit the following statement and declaration under 37 C.F.R. §2.20, properly signed and dated:

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statement may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the owner, and 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

The owner has six months from the issuance date of this letter to respond to all the issues raised in this letter.  In order to expedite the processing of your Section 7 Amendment, the early submission of a response to this letter is encouraged.  If a complete response is not received in the Office within this time period, then the Section 7 Amendment will be considered abandoned.  37 C.F.R. §2.176.  The fee for filing the Section 7 Amendment will not be refunded.

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.

/Roberts, Sharon/

Trademark Specialist

Office of Post Registration

571-272-9549 (Office)

571-273-9549 (fax)

Sharon.Roberts@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.  

• Responses signed by an unauthorized party are not accepted or processed.  If the owner does not have an attorney, the response must be signed by the individual owner, all joint owners, or someone with legal authority to bind a juristic owner.  If the owner has an attorney, the response must be signed by the attorney.

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.