UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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U.S. APPLICATION SERIAL NO. 79145431
MARK: MINECRAFT
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Notch Development AB
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
INTERNATIONAL REGISTRATION NO. 1199082
STRICT DEADLINE TO RESPOND TO THIS NOTIFICATION: TO AVOID ABANDONMENT OF THE REQUEST FOR EXTENSION OF PROTECTION OF THE INTERNATIONAL REGISTRATION, THE USPTO MUST RECEIVE A COMPLETE RESPONSE TO THIS PROVISIONAL FULL REFUSAL NOTIFICATION WITHIN 6 MONTHS OF THE “DATE ON WHICH THE NOTIFICATION WAS SENT TO WIPO (MAILING DATE)” LOCATED ON THE WIPO COVER LETTER ACCOMPANYING THIS NOTIFICATION.
In addition to the Mailing Date appearing on the WIPO cover letter, a holder (hereafter “applicant”) may confirm this Mailing Date using the USPTO’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. To do so, enter the U.S. application serial number for this application and then select “Documents.” The Mailing Date used to calculate the response deadline for this provisional full refusal is the “Create/Mail Date” of the “IB-1rst Refusal Note.”
This is a PROVISIONAL FULL REFUSAL of the request for extension of protection of the mark in the above-referenced U.S. application. See 15 U.S.C. §1141h(c). See below in this notification (hereafter “Office action”) for details regarding the provisional full refusal.
Search Results
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Claim of Ownership
Applicant may use the following format to claim ownership of the registration:
Applicant is the owner of U.S. Registration No. 4252394.
Identification of Goods and Services
The highlighted wording in the identification of goods and/or services is too broad and must be clarified because it could include a variety of goods and/or services in each class. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The Office requires a degree of particularity necessary to identify clearly goods and/or services covered by a mark. See In re Omega SA, 494 F.3d 1362, 1365, 83 USPQ2d 1541, 1543-44 (Fed. Cir. 2007). Descriptions of goods and services in applications must be specific, explicit, clear and concise. TMEP §1402.01; see In re Cardinal Labs., Inc., 149 USPQ 709, 711 (TTAB 1966); Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ 321, 322 (Comm’r Pats. 1954).
The following substitute wording is suggested, if accurate:
Computer software, namely, [specify purpose and function of software and field of use]; computer and video games software, namely, [specify exact nature of “computer” software by identifying purpose and/or function and field of use]; interactive entertainment software, namely, [specify purpose and/or function and field of use]; computer software downloaded or downloadable, namely, [specify purpose and/or function and field of use]; electronic publications in the nature of [specify format, e.g. books magazines, etc.] in the field of [specify field or area of use]; downloaded computer software publications in the nature of [specify format, e.g. manuals, user guides, etc.]; data recorded electronically from the internet, namely, [specify exact nature of goods e.g. downloadable audio files, downloadable video recordings, etc.] featuring [specify subject matter]; data recorded in machine readable form from the internet namely, [specify type, e.g. audio, computer game, etc.] discs, [specify type, e.g. audio, video, etc.] tapes, video game cartridges, CD-ROMs, DVDs and other magnetic, electronic or optical media in the nature of [specify exact nature of media] all bearing computer games and/or audio visual content in the nature of [specify subject matter, e.g. movies, children’s stories, music, etc.] and multimedia software programs recorded on CD-ROM featuring [indicate subject matter and area of use]; software applications, namely, [specify purpose and/or function and field of use]; website applications, namely, ; electronic game programs; computer peripherals; and optically recorded data for computers, namely, [specify exact nature of goods in Class 009]; software and apparatus for downloading, transmitting, receiving, providing, publishing, extracting, encoding, decoding, reading, storing and organizing audiovisual, video-graphic and written data, namely, [specify exact nature of “apparatus” including purpose and/or function of software and field or area of use, e.g. software for managing databases in medical laboratories, for use in social networking, etc.]; computer software for gathering, processing, monitoring, analyzing, managing and/or reporting information, namely, [specify exact nature of software, e.g. database management software, antivirus software, etc.]; computer software for gathering, processing, monitoring, analyzing, managing and reporting information concerning usage and performance of software, computer software applications, computer and video games, websites, virtual worlds and audio visual content for use in the field of [specify e.g. computer software design, computer game programming, etc.]; computer software for gathering, processing, analyzing, managing and reporting information concerning online, internet and web site activity, namely, [specify purpose and function of software and field of use]; computer software for data mining, data query, data processing and data analysis, namely, [specify purpose and function of software and field of use]; computer software for designing, developing, modifying and improving computer software, applications, computer and video games, websites and audio visual content and the marketing, promotion, sale, distribution, monetization and operation of the foregoing, namely, [specify exact purpose and function of software and field of use, e.g. computer game software, virtual reality game software, etc.]; information stored on electronic, magnetic and/or by optical means, namely, [specify exact nature of goods, e.g. computer game programs, audio books featuring children’s stories, etc.]; publications in electronic form supplied on-line from a database or from facilities provided on the internet or other networks including websites, namely, [specify exact nature of services, e.g. downloadable [specify format of publication, e.g. books, magazines, etc.] in the field of [specify field or subject matter]; electronic notice boards; online database in the field of [specify subject matter of database, e.g. computer software, computer games, etc.]; sound, video and data recordings, namely, [specify whether the format, subject matter and whether the goods are downloadable or recorded on computer media]; sunglasses; records, discs, tapes, cassettes, cartridges, cards and other carriers bearing or for use in bearing sound recordings, video recordings, data, images, games, graphics, text, programs or information, namely, specify exact nature of goods, e.g. blank data carriers, blank flash memory cards, blank, magnetic discs, etc.]; memory carriers, namely, [specify exact nature of goods, e.g. blank flash memory cards, blank, memory boards, etc.]; pre-recorded video, audio and data recording media, namely, [specify exact nature of goods and subject matter of recordings, e.g. CDs featuring music, DVDs featuring cartoons, etc.]; data carriers, namely, [specify exact nature of goods, e.g. blank data carriers or pre-recorded data carriers featuring (specify subject matter); telephones, communications and telecommunications apparatus, namely, [specify exact nature of goods, e.g. mobile telephones, facsimile machines, etc.]; mobile telephone [specify type, e.g. computer, electronic, etc.] games; mobile telephone [specify exact nature of goods, e.g. skins, cases, etc.] and covers; non-printed publications, namely, [specify format of publications, subject matter and whether the goods are “downloadable” or recorded on computer media]; downloadable films and programmes prepared for television, featuring [specify subject matter]; refrigerator magnets; instructional and teaching materials in the form of apparatus and instruments, namely, [specify exact nature of goods, e.g. electronic clinicians training simulators, medical teaching mannequins, etc.]; pre-paid [specify type, e.g. gift, debit, etc.] cards that are magnetically encoded; parts and fittings for the aforesaid goods, in Class 009.
Jewellery; precious stones and precious metals; goods coated in precious metals, namely, [specify exact nature of goods, e.g. metal knobs, metal trophies, etc.]; costume jewellery; badges of precious metal; brooches; bracelets; bracelets made of metal; bracelets made of leather; cufflinks; clocks; tie pins; tie clips; earrings; key rings of precious metal; pendants; horological and chronometric instruments including watches and clocks; wrist bands parts in the nature of [specify, e.g. watch bands, wrist band watches, etc.] and fittings for the aforesaid goods, in Class 014.
Printed matter, namely, paper, cardboard, and goods from these materials in the nature of [specify exact nature of goods, e.g. art paper, paper flags, paper envelopes, etc.]; printed pages downloaded from the internet, namely, [specify exact nature of goods in Class 016]; printed publications, namely, [specify format and subject matter, e.g. books in the field of art, magazines in the field of cooking, etc.]; books in the field of [specify subject matter of publications]; annuals in the field of [specify]; printed publications, namely, [specify format and subject matter]; comics; magazines in the field of [specify subject matter]; printed redeemable vouchers and pre-paid [specify type, e.g. debit, credit, etc.] cards, not magnetically encoded, newsletters in the field of [specify]; newspapers; [specify type, e.g. photo, stamp, etc.] albums; periodicals in the field of [specify]; journals, namely, [specify exact nature of goods, e.g. blank journals, blank writing journals, etc.]; catalogues in the field of [specify]; manuals in the field of [specify]; pamphlets in the field of [specify]; leaflets in the field of [specify], not for advertising purposes; posters; stationery; [specify type, e.g. paper, mailing, shipping, etc.] labels; address books; printed instructional and teaching materials in the field of [specify field]; drawings; paintings; photographs; prints; pictures; calendars; pens; pencils; pencil top ornaments; tags for index cards; gift wrap cards; wrapping paper; notepads; decorative paper centerpieces; paper party decorations; greetings cards; stickers and sticker albums; plastic materials for packaging, namely, [specify exact nature of goods, e.g. plastic bags, plastic bubble wrap]; beer mats in the nature of [specify exact nature of goods, e.g. paper coasters, etc.]; covers for chequebooks and passports; parts and fittings for all the aforesaid goods, in Class 016.
Articles made of leather and imitation leather, namely, [specify exact nature of goods, e.g. leather straps, leather key cases, etc.]; [specify type, e.g. belt, book, carry-on, etc.] bags; handbags; purses; wallets; [specify type, e.g. mesh, reusable, etc.] shopping bags; sports bags; tote bags; school bags; travelling bags; backpacks; rucksacks; umbrellas; briefcases; purses; wallets; key cases; vanity cases, not fitted; parts and fittings for the aforesaid good, in Class 018.
Household or kitchen utensils and containers, namely, [specify exact nature of goods, e.g. containers for household use, containers for food, grill cover, batter dispenser, etc.]; chinaware, namely, [specify exact nature of goods, e.g. plaques of china, ornaments of china, china plates, etc.]; beverage glassware; porcelain [specify exact nature of goods, e.g. mugs, flower pots, etc.], pottery and earthenware, namely, [specify exact nature of goods, e.g. earthenware mugs, terra cotta figures, etc.]; comb cases and combs; sponges, namely, [specify exact nature of goods, e.g. scouring sponges, toilet sponges, etc.]; drinking glasses; mugs; money boxes in the nature of piggy banks; tooth brushes; articles for cleaning purposes, namely, [specify exact nature of goods, e.g. cleaning cloth, rags, sponges, etc.]; baskets for domestic use, namely, [specify exact nature of goods, e.g. plant, steamer, etc.]; containers for beverages, namely, [specify exact nature of goods, e.g. glasses, mugs, bottles sold empty, etc.]; bottle openers; ironing boards; bottles sold empty; statuettes, figurines and models in the nature of [specify e.g. figures, busts, etc.] of porcelain, terracotta, glass, china or earthenware; dishes; soap boxes and holders; piggy banks; pots; powder compacts and puffs; drinking vessels and flasks; cocktail shakers; paper plates; tea pots; egg cups; ice cube molds; candy boxes; coasters, not of paper and not being table linen; cork screws and [specify type, e.g. caviar, butter, wine, etc.] coolers; crockery, namely, [specify e.g. pots, dishes, etc.]; cups; tableware, namely, [specify e.g. knives, forks, spoons, etc.], in Class 021.
Articles of clothing, namely, [specify exact nature of goods, e.g. hats, scarves, etc.]; footwear and headgear, namely, [specify exact nature of goods, e.g. hats, caps, etc.]; t-shirts; shirts; trousers; sweatshirts; jackets; knitwear; hats; caps; baseball caps; neckwear; belts; scarves; gloves; sweat bands for wrists; shoes; socks; garments for women, namely, [specify e.g. shirts, pants, dresses, etc.]; garments for men, namely, [specify, e.g. coats, ties, suits, etc.]; garments for children, namely, [specify exact nature of goods]; apparel parts and fittings for all the aforesaid, in Class 025.
Games and playthings, namely, [specify exact nature of goods, e.g. dolls, baseball mitts, etc.]; electronic games apparatus, namely, [specify exact nature of goods, e.g. electronic dart games, electronic educational game machines for children, etc.]; audiovisual games on computer hardware platforms not for use with television receivers, namely, [specify exact nature of goods, e.g. arcade games, arcade video game machines, etc.]; hand-held computer games equipment, namely, [specify exact nature of goods, e.g. hand-held game consoles, hand-held electronic games adapted for use with television receivers only, etc.]; home video game machines and hand-held video game machines, namely, [specify exact nature of goods, e.g. arcade type electronic video game, arcade video game machines, etc.]; parts and fittings for all the aforesaid goods; board games; electronic game machines, namely, [specify exact nature of goods]; game equipment sold as a unit for playing card games; electronic hand-held game units adapted for use with an external display screen; game equipment sold as a unit for playing a board game and a card game; stand-alone video output games machines, and manipulative puzzles; playing cards; board games; card games; three dimensional puzzles; parts and fittings for all the aforesaid goods, in Class 028.
Online retail store services via the internet featuring downloadable computer video games, motion pictures and music; [specify type of “sales” e.g. online retail stores, wholesale and retail stores, etc.] featuring software, computer and video games, motion pictures and music recordings; retail store services provided by computer communications networks and on-line retail store services on a local and/or global computer and/or telecommunications networks featuring a wide variety of products namely computer and video games, computer software, entertainment software, computer hardware, computer game and hardware accessories, books, pre-recorded media, computer peripherals, clothing, home wares, namely, mugs, crockery, table wear, cutlery, bedding, cushions, virtual goods in the nature of games, clothing for virtual characters and educational materials; online retail store services provided by communications networks connected with video content, featuring computer software, audio visual material, cards, music, games, software, clothing, footwear, headgear, baby clothes, children's clothes T-shirts, jumpers, hoodies, lanyards, caps, toys, printed matter, paper goods, magazines, books, cushions, throws, pillows, bed linen, duvet covers, jewelry, key rings, mugs, bags, wallets and cases, games, toys, playthings, entertainment products, in the nature of games, playthings, educational products, in the nature of books, educational games; advertising, marketing and promotion services; advertising provided on-line, from computer databases, and internet and communications networks; [clarify “sale” e.g. providing advertising space on billboards, providing advertising space in newspapers, etc.] and rental of advertising space; dissemination of advertising material; promotion of goods and services of others via an on-line service with links to the websites and online services of other retail store services provided via communications networks featuring computer, electronic and entertainment products; publicity services; arranging, organizing and conducting exhibitions and events featuring a variety of activities for promotional purposes; services for the marketing, promotion, sale and retail services relating to computer software, applications, computer and video games and audio visual content, namely, [specify exact nature of services, e.g. retail stores featuring computer game software and video games, etc.]; online retail services relating to computer software, applications, computer and video games and audio visual content, namely, [specify exact nature of goods, e.g. online retail stores featuring computer games and downloadable videos, etc.]; business data analysis services; consumer research services for research relating to customer behavior, satisfaction, attitude, effectiveness; computerized database management; marketing services in the nature of marketing data integration; data storage services, namely, [specify services in Class 035]; data processing services; advertising and promotional services; the foregoing provided by individuals, computers, a network of interconnected computers or by remote communications devices; information, advisory and consultancy services relating to the foregoing, in Class 035.
Providing online access to computer networks, computer databases, the internet, on-line bulletin boards, and electronic sites featuring virtual worlds, servers, virtual worlds including user generated characters, and libraries of text, graphics and audio-visual and multimedia information and entertainment; providing on-line electronic bulletin board services and chat rooms; providing of an on-line service enabling physically remote players of electronic games to communicate with selected players, namely, [specify exact nature of services, e.g. providing an online forum for discussing computer games, providing an online forum for trading goods for use in computer games, etc.]; telecommunication and broadcasting services, namely, [specify exact nature of services in Class 041]; broadcasting via the internet, mobile phone networks and other telecommunications networks, namely, [specify exact nature of services, e.g. audio and video broadcasting, radio broadcasting, wireless broadcasting, etc.]; telecommunication services for the collection and supply of information, namely, [specify exact nature of services, e.g. computer aided transmission of information and messages, information transmission via digital networks, etc.]; electronic transmission of data and information via a global computer network; providing user access to Internet and computer networks for downloading computer software and information; transmission of information via local and/or global computer and/or telecommunication networks; providing access to remote data storage and data stored electronically on servers; providing access to advertising, news, information and audio, video, text and other multimedia content, via local and/or global computer and/or telecommunications networks; provision of electronic communication links, namely, [specify exact nature of services, e.g. providing online communications links which transfer the website user to other global web pages, telecommunications gateway services, etc.]; provision of telecommunications connections and access to the internet and/or computer databases; receipt and/or delivery of messages, documents and other data by electronic transmission; providing on-line chat room for transmission of messages among computer users concerning topics; communication and broadcasting of information and advertising by computer, computer terminals, the internet, television, mobile communications device, telegraphy, telephone, wireless communications device or other electronic means, namely, [specify e.g. video on demand services, digital communications networks, etc.]; internet communication services, namely, [specify exact nature of services, e.g. providing voice communications services via the Internet, transmission of data via the Internet, etc.]; audio visual communication services, namely, [specify e.g. transmission of voice audio and visual images by telecommunications networks, transmission of data via the Internet, etc.]; communication services for the transmission of advertising, images, text and data, information, voices, sound and data, namely, [specify means of communication, e.g. radio, telegraph, telephone, etc.]; telecommunication and broadcasting services, namely, [specify the exact nature of services in Class 038]; [specify exact nature of services, e.g. audio, radio, television, etc.] broadcasting via the internet, mobile phone networks and other telecommunications networks; electronic transmission of data and information via a global computer network; providing user access to a worldwide computer and/or telecommunications networks for downloading computer software and information; transmission of information via local and/or global computer and/or telecommunication networks; providing access to advertising, news, information and audio, video, text and other multimedia content, via local and/or global computer and/or telecommunications networks; provision of electronic communication links, namely, [specify exact nature of services, e.g. providing online communications links which transfer the website user to other global web pages, telecommunications gateway services, etc.]; provision of telecommunications connections and access to the internet and/or computer databases; receipt and/or delivery of messages, documents and other data by electronic transmission; communication and broadcasting of information and advertising by computer, computer terminals, the internet, television, mobile communications device, telegraphy, telephone, wireless communications device or other electronic means, namely, [specify e.g. video on demand services, digital communications networks, etc.]; internet communication services, namely, [specify exact nature of services, e.g. providing voice communications services via the Internet, transmission of data via the Internet, etc.]; audio visual communication services, namely, [specify e.g. transmission of voice audio and visual images by telecommunications networks, transmission of data via the Internet, etc.]; communication services for the transmission of advertising, images, text and data, information, voices, sound and data, namely, [specify means of communication, e.g. radio, telegraph, telephone, etc.]; provision of information relating to telecommunications; providing voice over internet protocol (VOIP) peer-to-peer communications, electronic transmission of data and documents over computer terminals and instant messaging services; providing a high speed access to area networks and a global computer information network; provision access to a website or interactive community for users to share personal news, data, information, content, photos, audio and video, interests, activities and opinions and/or to receive feedback others; provision of information relating to communications in the nature of [specify e.g. telephones, audio broadcasting, etc.]; information, advisory and consultancy services relating to the foregoing, in Class 038.
Entertainment and education services, namely, providing online electronic, computer and video games provided by means of the internet, mobile telecommunications and other remote communications devices; online [specify type, e.g. video, computer, etc.] game services provided via a computer network; organizing of games in the nature of [specify type of games, e.g. basketball games, soccer games, etc.]; providing non-downloadable games and/or educational entertainment services, namely, [specify exact nature of services, e.g. providing online computer games, providing temporary use of non-downloadable video games, etc.]; education and entertainment services provided by computer networks, television, mobile telephone, cable and other electronic means, namely, [specify exact nature of services]; presentation, preparation of special effects, editing and production of cinematographic, televisual, digital and motion picture films, radio and television programs; Multimedia publishing of computer and video games and computer and video games software; entertainment information in the nature of customized web pages featuring game player information, including information regarding a player's identity and the player's preferences; multimedia publishing of entertainment and/or educational software; arranging, organizing and conducting conferences and seminars for educational purposes; entertainment services in the form of television programs, radio, cable, satellite and internet programs in the field of [specify subject matter]; production and presentation of television programs, shows, films, videos and DVDs all featuring [specify subject matter]; [specify type, e.g. hockey, soccer, etc.] games, online [specify type, e.g. video, electronic, computer, etc.] games, educational services relating to entertainment, namely, [specify exact nature of services]; information entertainment and education provided on-line from a computer database or the internet or by communications satellite, microwave or other electronic, digital or analogue media; [specify type, e.g. magazine, newspaper, etc.] publishing; organization, production and presentation of events for educational, cultural or entertainment purposes, namely, [specify exact nature of services, e.g. organizing fashion shows, organizing birthday parties, etc.]; organization, production and presentation of competitions, contests, games, game shows, quizzes, fun days, exhibitions, shows, roadshows, staged events, live performances and participation events, namely, [specify exact nature of services, e.g. organizing athletic events, organizing swimming meets, etc.]; internet based games, namely, [specify exact nature of services, e.g. providing online computer games, providing online video games, etc.]; booking of tickets for entertainment events, namely, [specify exact nature of services, e.g. booking of theater tickets, booking of tickets for cultural events, etc.]; information and advisory services relating to any of the aforesaid services; advisory and consultancy services in connection with the foregoing, in Class 041.
Computer aided engineering services for others; software development, design, maintenance, programming, engineering, research and writing services; advisory and consultancy services relating to computer software [specify services] and computer software development, design, maintenance, consultancy, programming, engineering, research and writing; computer software development, design, maintenance, consultancy, programming, engineering, research and writing; computer and video games development; creation of computer graphics; computer game design; design and development services in relation to computer and video games and interactive entertainment products; design services relating to the production of computer and video games and interactive entertainment products; social network software and virtual worlds software development, hosting and management for others; troubleshooting of computer software problems including services for gathering, processing, monitoring, analyzing, managing and/or reporting information concerning usage and performance of software, applications, computer and video games, websites, virtual worlds and computer based audio visual content; troubleshooting of computer web applications including computer services for gathering, processing, analyzing, managing and reporting information concerning online, internet and web site activity; computer services for data mining and data analysis, in the nature of [specify exact nature of “data analysis services”]; Software development including services for designing, developing, modifying and improving computer software, applications, computer and video games, websites and audio visual content; development of computer software that performs the above functions to others; software development, design, maintenance, software programming, engineering, research and writing in the field of computer and video games; advisory and consultancy services relating to computer and video games software; troubleshooting in the nature of collection, analysis and reporting of data concerning usage and performance of software, applications, computer and video games, websites, virtual worlds and audio visual content; computerized data management service, namely, [specify exact nature of services]; technical information, advisory and consultancy services relating to use of computer software applications, computer and video, consultancy services relating to the foregoing, in Class 042.
On-line social networking services; personal and social services rendered by others to meet the needs of individuals, namely, [specify exact nature of services in Class 041]; online social networking services; security services for the protection of property and individuals, namely, [specify exact nature of services, e.g. security guard services, providing executive protection, etc.], in Class 045.
In addition, in a Section 66(a) application, an applicant may not change the classification of goods and/or services from that assigned by the International Bureau in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1402.01(c). Further, in a multiple-class Section 66(a) application, an applicant may not transfer goods and/or services from one existing international class to another. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1402.01(c).
For guidance on writing identifications of goods and/or services, please use the USPTO’s online ID Manual at http://tess2.gov.uspto.report/netahtml/tidm.html, which is continually updated in accordance with prevailing rules and policies. See TMEP §1402.04.
WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL FULL REFUSAL: Any response to this provisional refusal must be personally signed by an individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner). 37 C.F.R. §§2.62(b), 2.193(e)(2)(ii); TMEP §712.01. If applicant hires a qualified U.S. attorney to respond on his or her behalf, then the attorney must sign the response. 37 C.F.R. §§2.193(e)(2)(i), 11.18(a); TMEP §§611.03(b), 712.01. Qualified U.S. attorneys include those in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other federal territories and possessions of the United States. See 37 C.F.R. §§2.17(a), 2.62(b), 11.1, 11.14(a); TMEP §§602, 712.01. Additionally, for all responses, the proper signatory must personally sign the document or personally enter his or her electronic signature on the electronic filing. See 37 C.F.R. §2.193(a); TMEP §§611.01(b), 611.02. The name of the signatory must also be printed or typed immediately below or adjacent to the signature, or identified elsewhere in the filing. 37 C.F.R. §2.193(d); TMEP §611.01(b).
In general, foreign attorneys are not permitted to represent applicants before the USPTO (e.g., file written communications, authorize an amendment to an application, or submit legal arguments in response to a requirement or refusal). See 37 C.F.R. §11.14(c), (e); TMEP §§602.03-.03(b), 608.01.
DESIGNATION OF DOMESTIC REPRESENTATIVE: The USPTO encourages applicants who do not reside in the United States to designate a domestic representative upon whom any notice or process may be served. TMEP §610; see 15 U.S.C. §§1051(e), 1141h(d); 37 C.F.R. §2.24(a)(1)-(2). Such designations may be filed online at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.
/Saima Makhdoom/
Attorney
United States Patent and Trademark Office
Email: Saima.Makhdoom@uspto.gov
Tele: (571) 272-8802
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.