Offc Action Outgoing

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE:

This letter responds to applicant’s Statement of Use filed on 9/23/2016.

Questions regarding the Office Action should be directed to the trademark examining attorney at kyle.peete@uspto.gov.

Dates of Use

The application specifies a date of first use of the mark anywhere that is later than the date of first use of the mark in commerce. However, use in commerce by definition includes use anywhere and thus the date of first use anywhere should always be earlier than or the same as the date of first use in commerce. See TMEP §§901.01, 903.03.

Therefore, applicant must clarify when applicant first used the mark anywhere by providing both (1) an amended date of first use anywhere and (2) an amended date of first use in commerce, even if they are the same. See 37 C.F.R. §§2.61(b), 2.71(c); TMEP §§903.03, 903.04. Applicant must verify these amended dates with an affidavit or signed declaration under 37 C.F.R. §2.20. See 37 C.F.R. §§2.71(c), 2.193(e)(1); TMEP §903.04.

For an overview of the requirements for providing verified dates of first use and instructions on how to satisfy these requirements online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademark/laws-regulations/dates-use.

/Kyle Christopher Peete/

Trademark Attorney [Law Office 112]

(571) 272-8275 (Phone)

(571) 273-8275 (Fax)

kyle.peete@uspto.gov

TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. 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 application will be placed in the official application record.

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

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. 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.