Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER 

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: 8/1/2010

 

This letter responds to the applicant's Statement of Use filed on June 8, 2010.

 

Full Line Specimen

Applicant’s request for registration of a “house mark” is unacceptable because it does not include evidence of use of the mark as a house mark, i.e., on a wide range of goods.  See TMEP §1402.03(b).  The applicant’s identification specifies “House mark for a full line of footwear and inserts for footwear.”  The current specimen is insufficient to evidence a full line of “footwear.”  The specimens only include one example of footwear, namely, a pair of lady’s athletic shoes.  To illustrate use on a full line of footwear, the applicant must show examples of other types of footwear, including, athletic shoes, dress shoes, casual shoes, boots, slippers, sandals, etc.

 

Therefore, applicant must provide evidence that shows use of the mark as a house mark.  Such evidence may consist of product catalogs or similar evidence showing broad use of the mark.  TMEP §1402.03(b); see 37 C.F.R. §2.61(b). 

 

If applicant is unable to provide such evidence, applicant must amend the identification to delete “house mark for” and specify the common commercial or generic name for each item.  See TMEP §§1402.01, 1402.03(b).  Please note, the current specimens are sufficient to illustrate use of the mark on a full line of inserts for footwear.  Amending the identification of goods to specify the broad wording “footwear” is sufficient to overcome the requirement to illustrate use on a “full line” of footwear.  The applicant may amend the identification as follows:  House mark for a full line of inserts for footwear; footwear, in INT. CLASS 25. 

 

To submit a verified substitute specimen online via the Trademark Electronic Application System (TEAS), applicant should do the following:  (1) answer “yes” to the TEAS response form wizard question to “submit a new or substitute specimen;” (2) attach a jpg or pdf file of the substitute specimen; (3) select the statement that “The substitute specimen(s) was in use in commerce prior to the expiration of the deadline for filing the statement of use.”; and (4) sign personally or enter personally his/her electronic signature and date after the declaration at the end of the TEAS response form.  See 37 C.F.R. §§2.59(b)(2), 2.193(a), (c)-(d), (e)(1); TMEP §§611.01(c), 804.01(b).  Please note that these steps appear on different pages of the TEAS response form. 

 

If applicant experiences difficulty in submitting the required substitute specimen, supporting statement and/or declaration, please e-mail TEAS@uspto.gov for technical assistance regarding the TEAS response form.

 

Advisory – Partial Abandonment

If applicant does not respond to this Office action within the six-month period for response, then the following goods and/or services will be deleted from the application:  House mark for a full line of footwear.  The application will then proceed with the following goods and/or services only:  House mark for a full line of inserts for footwear.  37 C.F.R. §2.65(a).

 

If applicant has questions about the application or this Office action, please telephone the assigned trademark examining attorney at the telephone number below.

 

 

 

 

/Curtis W. French/

Trademark Attorney

Law Office 115

United States Trademark Office

571-272-9472

 

 

 

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.gov.uspto.report/roa/.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov.

 

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 Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/.  Please keep a copy of the complete TARR screen.  If TARR shows no change for more than six months, 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/teas/eTEASpageE.htm.

 

 

 

 

 

                                                                

IMPORTANT NOTICE REGARDING YOUR TRADEMARK APPLICATION

 

Your trademark application (Serial No. 77638681) has been reviewed.   The examining attorney assigned by the United States Patent and Trademark Office (“USPTO”) has written a letter (an “Office action”) on 8/1/2010 to which you must respond (unless the Office letter specifically states that no response is required).  Please follow these steps:

 

1. Read the Office letter by clicking on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77638681&doc_type=OOA&mail_date=20100801 OR go to  http://tmportal.gov.uspto.report/external/portal/tow and enter your serial number to access the Office letter.  If you have difficulty accessing the Office letter, contact TDR@uspto.gov.  

                                         

PLEASE NOTE: The Office letter may not be immediately available but will be viewable within 24 hours of this e-mail notification.

 

2. Contact the examining attorney who reviewed your application if you have any questions about the content of the Office letter (contact information appears at the end thereof).

 

3. Respond within 6 months, calculated from 8/1/2010 (or sooner if specified in the Office letter), using the Trademark Electronic Application System (TEAS) Response to Office Action form. If you have difficulty using TEAS, contact TEAS@uspto.gov. 

 

ALERT:

 

Failure to file any required response by the applicable deadline will result in the ABANDONMENT (loss) of your application.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.