Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT OWNER’S TRADEMARK REGISTRATION

 

 

 

POST REGISTRATION OFFICE ACTION

 

 

ISSUE/MAILING DATE: 2/8/2018

U.S. Registration Number 4085296

 

The Section 15 Affidavit submitted on January 16, 2018, cannot be acknowledged for the reasons set forth below.

 

Supplemental Register registrations are not eligible for the benefits of Trademark Act Section 15.  The provisions of Trademark Act Section 15 apply only to (1) registrations issued on the Principal Register under the Act of 1946; and (2) registrations issued under the Acts of 1905 and 1881 that have been “published” under Trademark Act Section 12(c), to claim the benefits of the Act of 1946.  15 U.S.C. §1065; 37 C.F.R. §§2.167 and 3.73(b); TMEP §1605.01. 

 

Accordingly, the Section 15 Affidavit cannot be acknowledged for the subject Supplemental Register registration.  However, the Section 8 Affidavit is acceptable.

 

Any fees submitted with the Section 15 Affidavit will be refunded in due course.

 

No response to this Office Action is required.

 

 

Celia Abednego

/Celia C. Abednego/

Post Registration Division (on work project)

celia.abednego@uspto.gov (for inquiries only)

571-272-9492

571-273-9500 (fax)

 

 

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form number 11 at http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration.  For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned specialist.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

 

All informal e-mail communications relevant to this registration will be placed in the official registration record.

 

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual owner or someone with legal authority to bind an owner (i.e., a corporate officer, a general partner, all joint owners). If an owner is represented by an attorney, the attorney must sign the response.

 

CHECK THE STATUS OF THE REGISTRATION:  To check the status of your registration at any time, visit the Office’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.