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:  November 2, 2020

The Section 71 Affidavit, filed on June 16, 2020, is not accepted for the reason(s) set forth below.

I.                   GOODS CLARIFICATION NEEDED

The holder/owner must submit a statement that clarifies the goods and/or services in the registration for which the mark is still in use in commerce.  15 U.S.C. §1141k(b); 37 C.F.R. §7.37(e)(1).  This statement must be verified with an affidavit or a signed declaration under 37 C.F.R. §2.20.

The Section 71 Affidavit of record omits some of the goods and/or services listed in the registration.  If the Section 71 Affidavit is intended to cover fewer than all the goods and/or services, then the holder/owner must specify the goods and/or services being deleted.  37 C.F.R. §7.37(e)(2).  Goods and/or services omitted from a Section 71 Affidavit will be deleted from the registration.

II.                DECLARATION

The following statement and declaration under 37 C.F.R. §2.20 can be used to verify the Section 71 Affidavit, if properly signed and dated:

The holder/owner was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted specimen, during the relevant period for filing the 10-year Section 71.

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 holder/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 following persons are properly authorized to sign a Section 71 Affidavit on behalf of the holder/owner:

(1)  A person with legal authority to bind the holder/owner (e.g., a corporate officer or general partner);

(2)  A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the holder/owner; or

(3)  An authorized attorney who has an actual written or verbal power of attorney or an implied power of attorney from the holder/owner.

37 C.F.R. §§7.37(b), 2.193(e)(1).

III.             RESPONSE GUIDELINES

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).

DEFICIENCY SURCHARGE:  The holder/owner must submit a $100 deficiency surcharge if its response to this Office action is received after the expiration of the grace period, i.e., after November 25, 2020.  37 C.F.R. §§7.6, 7.39(c)(2).

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.

/Kimberly Turner/

Kimberly Turner

Post Registration Trademark Specialist

Phone (571) 272-9396

kim.turner2@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.