Offc Action Outgoing

ELTEK

ELTEK S.p.A.

Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

U.S. APPLICATION SERIAL NO.  79178466

 

MARK: ELTEK

 

 

        

*79178466*

CORRESPONDENT ADDRESS:

       Loredana Mansi

       c/o METROCONSULT S.R.L.

       Via Sestriere, 100

       I-10060 None (Torino)

       ITALY

 

CLICK HERE TO RESPOND TO THIS LETTER:

http://www.gov.uspto.report/trademarks/teas/response_forms.jsp

 

 

 

APPLICANT: ELTEK S.p.A.

 

 

 

CORRESPONDENT’S REFERENCE/DOCKET NO:  

       N/A

CORRESPONDENT E-MAIL ADDRESS: 

       

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

 

INTERNATIONAL REGISTRATION NO. 1278614

 

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.

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

SUMMARY OF ISSUES

 

1)     Identification of Goods Requirement.

2)     Significance of Wording in Mark.

 

NO CONFLICTING MARKS NOTED

 

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).

 

IDENTIFICATION/CLASSIFICATION OF GOODS – ADDITIONAL INFORMATION REQUIRED

 

The identification of goods is unacceptable because as worded, the exact nature of the goods is unclear based on the information provided in the application. 

 

To permit proper examination of the application, applicant must submit additional product information about the goods.  See 37 C.F.R. §2.61(b); In re AOP LLC, 107 USPQ2d 1644, 1650-51 (TTAB 2013); In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship LLP, 67 USPQ2d 1699, 1701-02 (TTAB 2003); TMEP §814.  The requested product information should include fact sheets, instruction manuals, and/or advertisements.  If these materials are unavailable, applicant should submit similar documentation for goods of the same type, explaining how its own product will differ.  If the goods feature new technology and no competing goods are available, applicant must provide a detailed description of the goods.

 

The submitted factual information must make clear how the goods operate, their salient features, and their prospective customers and channels of trade.  Conclusory statements regarding the goods will not satisfy this requirement.

 

Failure to comply with a request for information can be grounds for refusing registration.  In re AOP LLC, 107 USPQ2d at 1651; In re DTI P’ship LLP, 67 USPQ2d at 1701-02; TMEP §814.  Merely stating that information about the goods is available on applicant’s website is an inappropriate response to a request for additional information and is insufficient to make the relevant information of record.  See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).

 

Applicant may adopt the following identification, if accurate: 

 

“Surgical, medical, dental and veterinary apparatus and instruments, namely, [Specify exact nature of the goods by its common commercial name, i.e., scalpels]; artificial limbs, eyes and teeth; orthopedic articles, namely, [Specify exact nature of the goods by its common commercial name]; suture materials; device, articles, products, equipment, meters, appliances, instruments and tools for surgical, medical, clinical, diagnostic, biomedical, dental, veterinary and therapeutic use, also for the diagnostics, check-ups and the monitoring whether for lab or not, structural parts and components and accessories of all the aforementioned devices, products, articles, equipment, meters, apparatus, instruments and tools, namely, [Specify exact nature of the goods by its common commercial name]; devices and apparatus for the measurement of blood pressure, namely blood pressure measuring apparatus; electric sphygmomanometers for medical purposes; heart rate monitoring apparatus; medical diagnostic meters for the analysis of body fluids for medical and veterinary and surgical and dental and clinical purposes; surgical equipment for the treatment of wounds, namely, [Specify exact nature of the goods by its common commercial name, i.e., scalpels, blades, staplers]; blood apparatus and devices, namely, [Specify exact nature of the goods by its common commercial name, i.e., blood testing apparatus, blood sampling tubes]; blood drawing apparatus; automatic and non-automatic apparatus and devices for blood tests, namely, [Specify exact nature of the goods by its common commercial name, i.e., blood collecting tubes, blood sampling tubes]; apparatus and devices to extract and separate or filtrate blood and other bodily fluids, namely, [Specify exact nature of the goods by its common commercial name, i.e., Medical supply kit comprising a bodily fluid testing and collection device, tubes and swabs for physician office use]; devices and apparatus for the treatment of autologous blood and other fluids or substances of the body, namely, [Specify exact nature of the goods by its common commercial name, i.e., blood processing equipment for medical use, namely, apparatus for the autologous recovery of blood]; apparatus, instruments and devices for the separation or concentration of platelet rich blood plasma, namely, [Specify exact nature of the goods by its common commercial name]; medical and veterinary apparatus and devices for separation and concentration of blood and substances and other bodily fluids, namely, [Specify exact nature of the goods by its common commercial name]; blood and bodily fluid testing apparatus, namely, [Specify exact nature of the goods by its common commercial name, i.e., autologous blood processing apparatus and instruments, namely, blood filters]; blood and other body fluids testing apparatus, namely, [Specify exact nature of the goods by its common commercial name]; devices and apparatus for the recovery of autologous blood, namely, [Specify exact nature of the goods by its common commercial name]; hematology analyzers for medical diagnostic uses; electronic and non-electronic analyzers and instruments for medical and veterinary use, namely, [Specify exact nature of the goods by its common commercial name]; apparatus, instruments and devices for use in medical analysis and for electromyography check-ups, namely, [Specify exact nature of the goods by its common commercial name, i.e. a medical diagnostic device for acquiring, displaying and analyzing electromyography signals and providing a diagnostic report]; apparatus and devices for evaluation, examination and recording of electrical activity produced by nerves and muscles; sensors for medical and veterinary use, namely, [Specify exact nature of the goods by its common commercial name]; devices or apparatus to monitor needles and tubes for medical and veterinary use; medical and veterinary apparatus and devices to detect loss of blood and other bodily fluids, namely, [Specify exact nature of the goods by its common commercial name]; electric and non-electric devices and instruments for acupuncture, namely, [Specify exact nature of the goods by its common commercial name, i.e., acupuncture equipment, acupuncture instruments, acupuncture needles, apparatus for acupuncture therapy]; needles for medical, surgical and dental use; medical devices and apparatus to monitor and perceive the characteristics of bodily fluids and blood; syringes, namely, [Specify exact nature of the goods by its common commercial name, disposable syringes, medical syringes]; medical syringes with sensors, namely, [Specify exact nature of the goods by its common commercial name]; hypodermic syringes; medical syringes for injections; controlled and electrically moved medical syringes; medical syringes associated with actuators; syringes for medical and veterinary purposes; devices and apparatus for delivering or administering drugs or medicines or substances for medical and veterinary use, namely, [Specify exact nature of the goods by its common commercial name, i.e., infusion and injection devices for administering drugs]; medical apparatus and devices for extracting body fluids of the body, namely, [Specify exact nature of the goods by its common commercial name, i.e., wound suction apparatus]; medical apparatus and devices for injecting fluid into the body, namely, [Specify exact nature of the goods by its common commercial name, i.e., medical syringes]; proctology surgery apparatus or devices, namely, [Specify exact nature of the goods by its common commercial name]; devices and apparatus and instruments for diagnosis and treatment of disorders and affections of the colon, rectum and anus, namely, [Specify exact nature of the goods by its common commercial name]; dental, dentistry, odontoiatria, orthodontic devices, apparatus, appliances, instruments and equipment, namely, [Specify exact nature of the goods by its common commercial name]; orthodontic appliances; catheters; catheter tubes; catheters with sensors; catheters with pressure sensors; tubes for collecting or transfusion of bodily fluids, namely, [Specify exact nature of the goods by its common commercial name, i.e., blood collecting tubes]; medical devices for use in placing and securing catheters and urological devices; balloon catheters; apparatus for the analysis of bacteria for medical use, namely, [Specify exact nature of the goods by its common commercial name]; medical apparatus for analyzing, detecting and dividing bacteria, namely, [Specify exact nature of the goods by its common commercial name]; diagnostic testing instruments and devices for analyzing and testing the biological activity of a substance, namely, [Specify exact nature of the goods by its common commercial name]; fluidic and microfluidic device for medical or biomedical or clinical laboratory use, namely, [Specify exact nature of the goods by its common commercial name]; electrical and non-electrical dental devices, apparatus and equipment, namely, [Specify exact nature of the goods by its common commercial name]; dental apparatus, namely, [Specify exact nature of the goods by its common commercial name, i.e., drills for dental use]; diagnostic apparatus for medical purposes, namely, [Specify exact nature of the goods by its common commercial name, i.e., an applicator pen-cartridge for dental purposes]; electrodes for medical use; medical probes; urethral probes; probes for medical and surgical purposes; orthopedic shoes, orthotics for feet, orthopedic soles and orthopedic footwear; orthopedic instruments and articles, namely, [Specify exact nature of the goods by its common commercial name, i.e., orthopedic braces, orthopedic belts, orthopedic seat cushions, orthopedic splints]; heating orthopedic articles, namely, [Specify exact nature of the goods by its common commercial name];  heating devices for medical purposes, namely, [Specify exact nature of the goods by its common commercial name, i.e., electric heating devices for curative treatment]; electric and non-electric heating cushions and pads for medical purposes, namely, [Specify exact nature of the goods by its common commercial name, orthopedic cushions]; dental and dentist mirrors; mirrors for chirurgical use; device and apparatus for physical exercise for medical purposes, namely, [Specify exact nature of the goods by its common commercial name, i.e., manually-operated exercise equipment for physical therapy purposes, physical exercise apparatus for medical purposes]; physiotherapy and rehabilitation apparatus, namely, [Specify exact nature of the goods by its common commercial name, i.e., body rehabilitation apparatus for medical purposes]; pulse meters; dispenser to administer medicines, namely, [Specify exact nature of the goods by its common commercial name, cups for dispensing medicine]; urological apparatus and devices, namely, [Specify exact nature of the goods by its common commercial name]; apparatus, articles and devices for urological use, namely, [Specify exact nature of the goods by its common commercial name]; emergency medical and veterinary apparatus, namely, [Specify exact nature of the goods by its common commercial name]; medical imaging apparatus; medical and veterinary apparatus with viewers, namely, [Specify exact nature of the goods by its common commercial name, i.e. microscopes]; medical and veterinary apparatus with optical devices, namely, [Specify exact nature of the goods by its common commercial name, i.e., microscopes]; apparatus and instruments for medical analyses, namely, [Specify exact nature of the goods by its common commercial name]; medical diagnostic devices, namely, [Specify exact nature of the goods by its common commercial name]; trays for dental impressions; Dental instruments, namely, {specify items, e.g., picks, burrs, mirrors}; dentures; pressure monitor for medical use, namely, [Specify exact nature of the goods by its common commercial name, i.e., blood pressure monitors]; cardiovascular monitor, namely, [Specify exact nature of the goods by its common commercial name]; apparatus for the diagnosis of cardiovascular diseases, namely, [Specify exact nature of the goods by its common commercial name]; artificial organs and implants, namely, [Specify exact nature of the goods by its common commercial name, i.e., artificial hearts, artificial hip implants, artificial breast implants]; medical or surgical or dental scaffold devices, namely, heart scaffold, supports for muscles, supports for the growth of the body tissues; surgical, medical or veterinary dosing and nozzle apparatuses, namely, [Specify exact nature of the goods by its common commercial name]; aerosol or fluid or powder or solid granules dispenser for medical purposes, namely, [Specify exact nature of the goods by its common commercial name]; apparatus and devices for delivering or dispensing products or substances in the medical or veterinary field, namely, [Specify exact nature of the goods by its common commercial name]; apparatus and devices for dosing and delivering medicines, medical and veterinary and surgical and dental and clinical measuring, dosage and dispensing apparatus namely, electric and non-electric pumps for medical use, surgical and veterinary use, electrically controlled medical syringes; apparatus for drug administration, dosing and or/dispensing; medical instruments for therapeutic drug monitoring, namely, [Specify exact nature of the goods by its common commercial name]; measuring and metering and testing and scoping apparatus and device for medical, surgical, veterinary, dental and clinical use, namely, [Specify exact nature of the goods by its common commercial name]; probes for medical uses; electrodes for medical use; valves or shut-off devices for apparatus for medical, surgical, veterinary, dental and clinical purposes, namely, [Specify exact nature of the goods by its common commercial name]; apparatus and devices for clinical laboratory, namely, [Specify exact nature of the goods by its common commercial name]; apparatus for clinical laboratory analysis, namely, [Specify exact nature of the goods by its common commercial name]; analyzers of clinical chemistry for medical and veterinary use, namely, analyzers for blood and for other bodily fluids; medical instruments for general check-ups, namely, [Specify exact nature of the goods by its common commercial name, dental instruments, namely, {specify items, e.g., picks, burrs, mirrors}]; medical or clinical apparatus for treatment or separation of bodily fluids, namely, [Specify exact nature of the goods by its common commercial name]; apparatus and instruments and devices for treatment or separation of blood or plasma or cells or platelets or other bodily fluids for medical, surgical, veterinary, dental and clinical use, namely, [Specify exact nature of the goods by its common commercial name]; containers or sacs for medical waste or fluid collection; containers for medical fluids; cases for medical devices or instruments; medical, surgical and dental devices with bio-mimicking materials or synthetic materials analogous to natural and biological materials, namely, biological tissue or body parts made by bio-mimicking materials, cardiac tissue made by bio-mimicking materials, biological or body parts made by polymer or plastic or nanostructured mimicking materials; medical apparatus and devices for collecting stem cells or mesenchymal stem cells (MSC) , namely, [Specify exact nature of the goods by its common commercial name]; apparatus and devices for treating cells and/or stem cells, namely, [Specify exact nature of the goods by its common commercial name]; apparatus and devices to extract and collect and separate cells from a body, namely, [Specify exact nature of the goods by its common commercial name]; apparatus and devices to extract and collect and separate stem cells or mesenchymal stem cells, namely, [Specify exact nature of the goods by its common commercial name]; apparatus and devices for use in extracting, collecting and separating cells and stem cells from blood or from fat, namely, [Specify exact nature of the goods by its common commercial name]; apparatus and devices for injecting and delivering stem cells or platelet rich plasma (PRP) or growth factors, namely, [Specify exact nature of the goods by its common commercial name, i.e., medical syringes]; medical apparatus and devices to extract and separate and inject and deliver bodily fluids, namely, [Specify exact nature of the goods by its common commercial name, i.e., medical syringes]; medical apparatus and devices for DNA and RNA separation or purifications, namely, [Specify exact nature of the goods by its common commercial name]; medical apparatus and devices to examine and to analyze DNA and RNA, namely, [Specify exact nature of the goods by its common commercial name, i.e., microscopes]; medical and surgical and veterinary and clinical apparatus and devices with identification devices, namely, wireless identification devices or radio frequency identification or electronic label, namely, [Specify exact nature of the goods by its common commercial name, i.e., medical injection devices, surgical injection devices]; surgical sponge material or pads or sterile sheet for medical or surgical purpose with radio frequency identification or electronic label; identification devices without wires or radio frequency identification or with electronic tags for medical, surgical, veterinary and clinical devices and apparatus; medical, surgical, veterinary and clinical monitoring apparatus and devices suitable to localize and to control radio frequency identification or with electronic label; medical detection device or sensor for medical, surgical, veterinary, dental and clinical use, namely, [Specify exact nature of the goods by its common commercial name, i.e., Electrochemical sensors for determination of analytic concentrations in fluids for medical purposes, patient monitors and patient sensors for monitoring and measuring blood properties and respiratory events]; valves or shut-off device for medical, surgical, veterinary, dental and clinical use, namely, [Specify exact nature of the goods by its common commercial name, i.e., artificial cardiac valves, Subcutaneous valves comprised of artificial materials for implantation]; control and execution device for medical, surgical, veterinary, dental and clinical purposes, namely, [Specify exact nature of the goods by its common commercial name]; cardiovascular pumps, pumps for medical, surgical and veterinary use, namely, [Specify exact nature of goods by its common commercial name, i.e., infusion pumps for delivering measured amounts of solutions into the bloodstream over time]; apparatus for detecting bodily fluids, namely, [Specify exact nature of goods by its common commercial name]; valves for medical purposes, namely, [Specify exact nature of goods by its common commercial name, i.e., artificial cardiac valves]; actuators for medical purposes, namely, [Specify exact nature of goods by its common commercial name]; tanks for medical purposes , namely, [Specify exact nature of goods by its common commercial name, i.e., high pressure oxygen tanks for medical use]; tubes for medical, surgical, veterinary, dental and clinical purposes, namely, [Specify exact nature of goods by its common commercial name, i.e., buccal tubes, capillary drainage tubes, endotracheal tubes, tracheostomy tubes, intravenous feeding tubes]; masks for use by medical personnel; boots for medical purposes; corsets for therapeutic purposes; lead barrier protection devices against X-rays, for medical purposes; medical clothing to wear, namely, [Specify exact nature of goods by its common commercial name, i.e., scrub pants, scrub tops, surgical scrub suits]; furniture especially made for medical purposes; beds for medical use, namely, [Specify exact nature of goods by its common commercial name, i.e., hydrostatic beds for medical purposes, massage beds for medical purposes, water beds for medical purposes]; physical exercise apparatus, for medical purposes; body rehabilitation apparatus for medical purposes; Physical exercise apparatus, for medical purposes; invalids' hoists, invalids' lifts; invalids' walkers; medical or clinical apparatus for treatment or separation of bodily fluids, namely, [Specify exact nature of goods by its common commercial name]; apparatus and instruments and devices for treatment or separation of blood or plasma or cells or platelets or other bodily fluids or medical, surgical, veterinary, dental and clinical use, namely, [Specify exact nature of goods by its common commercial name]; temperature measuring and detecting apparatus and device for medical purposes, namely, clinical and fever thermometers; blood flow or other bodily fluid flow detecting devices, namely, [Specify exact nature of goods by its common commercial name],” in International Class 10. 

 

See TMEP §1402.01. 

 

An applicant may only amend an identification to clarify or limit the goods, but not to add to or broaden the scope of the goods and/or services.  37 C.F.R. §2.71(a); see TMEP §1904.02(c)(iv).  In an application filed under Trademark Act Section 66(a), the scope of the identification for purposes of permissible amendments is limited by the international class assigned by the International Bureau of the World Intellectual Property Organization (International Bureau).  37 C.F.R. §2.85(f); TMEP §§1402.07(a), 1904.02(c).  If an applicant amends an identification to a class other than that assigned by the International Bureau, the amendment will not be accepted because it will exceed the scope and those goods and/or services will no longer have a basis for registration under U.S. law.  TMEP §§1402.01(c), 1904.02(c).

 

In addition, in a Section 66(a) application, an applicant may not change the classification of goods 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 from one existing international class to another.  37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1402.01(c). 

 

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html.  See TMEP §1402.04.

 

GENERAL INQUIRY ON SIGNIFICANCE

 

Applicant must explain whether “ELTEK” has any meaning or significance in the industry in which the goods are manufactured/provided, or if such wording is a “term of art” within applicant’s industry.  Applicant must also explain whether this wording identifies a geographic place.  See 37 C.F.R. §2.61(b); TMEP §814.

 

Failure to respond to a request for information is an additional ground for refusing registration.  See In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship LLP, 67 USPQ2d 1699, 1701 (TTAB 2003); TMEP §814.

 

RESPONSE GUIDELINES

 

For this application to proceed toward registration, applicant must explicitly address each refusal and/or requirement raised in this Office action.  If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register.  Applicant may also have other options for responding to a refusal and should consider such options carefully.  To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.

 

If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end, the trademark will fail to register, and the application fee will not be refunded.  See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02.  Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to active status.  See 37 C.F.R. §2.66; TMEP §1714.  There is a $100 fee for such petitions.  See 37 C.F.R. §§2.6, 2.66(b)(1).

 

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.

 

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 U.S. commonwealths or U.S. territories.  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

 

 

 

 

/Howard Smiga/

Examining Attorney

Law Office 102

571-272-9220

Howard.Smiga@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.

 

 


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