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 13, 2019

The Section 71 Affidavit, filed on August 26, 2019, is not accepted for the reason(s) set forth below.

Owner/holder must be represented by a U.S.-licensed attorney.  An owner/holder whose domicile is located outside of the United States or its territories is foreign-domiciled and must be represented at the USPTO by an attorney who is an active member in good standing of the bar of the highest court of a U.S. state or territory.  See 37 C.F.R. §§2.2(o)-(p), 2.11(a), 11.14; Requirement of U.S.-Licensed Attorney for Foreign-Domiciled Trademark Applicants & Registrants, Examination Guide 4-19, at I.A. (Rev. Sept. 2019)  An individual owner’s/holder’s domicile is the place a person resides and intends to be the person’s principal home.  See 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A.  A juristic entity’s domicile is the principal place of business; i.e., headquarters, where a juristic entity owner’s/holder’s senior executives or officers ordinarily direct and control the entity’s activities.  37 C.F.R. §2.2(p); Examination Guide 4-19, at I.A.  Because the owner or holder/owner is foreign-domiciled, the owner/holder must appoint a U.S.-licensed attorney qualified to practice under 37 C.F.R. §11.14 as its representative before the maintenance filing may be accepted and/or acknowledged, or granted.  37 C.F.R. §2.11(a).  See Hiring a U.S.-licensed trademark attorney for more information. 

To appoint a U.S.-licensed attorney.  To appoint an attorney, the owner/holder should submit a completed Trademark Electronic Application System (TEAS) Revocation, Appointment, and/or Change of Address of Attorney/Domestic Representative form.  The newly-appointed attorney must submit a TEAS Response to Post-Registration Office action form indicating that an appointment of attorney has been made and address all other refusals or requirements in this action, if any. 

RESPONSE TIME DEADLINE:  A complete response must be received within 6 months from the issuance date of this Office action.  The holder/owner must respond to all inquiries set forth in this Office action to avoid cancellation of the registration.   If a response is not received, the registration will be cancelled in its entirety.  37 C.F.R. §7.39(a)-(b).

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.

/Pamela Smith/

Pamela Smith

Trademark Specialist

Post Registration Unit

571-272-9509 (Direct Dial)

571-273-9509 (Fax)

Pamela.Smith@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.