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. 79194732
MARK: NIKA
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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: Nika Entertainment LTD
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
INTERNATIONAL REGISTRATION NO. 1315881
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.”
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).
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 applicant must address the following issues:
-Drawing is unclear
-Meaning of “NIKA”
-Clarification of identification of goods and services
-Name of particular living person?
DRAWING
The drawing is not acceptable because it will not create a high quality image when reproduced. See TMEP §807.04(a). Specifically, the drawing is fuzzy and unclear, and contains extraneous lines over the work and the design element.
A clear drawing of the mark is an application requirement. 37 C.F.R. §2.52. Therefore, applicant must submit a new drawing showing a clear depiction of the mark. All lines must be clean, sharp and solid, and not fine or crowded. 37 C.F.R. §§2.53(c), 2.54(e); TMEP §§807.05(c), 807.06(a).
To submit a new drawing via the Trademark Electronic Application System (TEAS), applicant must use the response form and follow the instructions regarding submission of a drawing. TMEP §807.05(a); see 37 C.F.R. §2.53(a). An applicant must submit a drawing via TEAS in jpg format, and the USPTO recommends a digitized image with a length and width no smaller than 250 pixels and no larger than 944 pixels. 37 C.F.R. §2.53(c); TMEP §807.05(c).
For drawings submitted on paper, the paper should be approximately 8.5 inches wide by 11 inches long, white, non-shiny, and include the caption “DRAWING PAGE” at the top. 37 C.F.R. §2.54(a)-(c); TMEP §807.06(a). The mark in the drawing must appear no larger than 3.15 inches (8 cm) high by 3.15 inches (8 cm) wide. 37 C.F.R. §2.54(b); TMEP §807.06(a). Further, the drawing must be made with ink or by a process that will provide a high definition when scanned. 37 C.F.R. §2.54(e); TMEP §807.06(a). A photolithographic, printer’s proof copy, or other high-quality reproduction of the mark may be used. 37 C.F.R. §2.54(e); TMEP §807.06(a).
The USPTO will not accept amendments or changes to the applied-for mark shown in a new drawing if the changes would materially alter the mark. 37 C.F.R. §2.72; see TMEP §§807.13 et seq., 807.14.
SIGNIFICANCE OF WORDING
Applicant must specify whether the wording “NIKA” has any significance in the electronics, paper, clothing, toy, business, amusement or computer trade or industry or as applied to the goods and/or services described in the application, or if such wording is a “term of art” within applicant’s industry. See 37 C.F.R. §2.61(b); TMEP §814. The applicant must also indicate any translation of “NIKA” in a foreign language.
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.
IDENTIFICATION OF GOODS & SERVICES
The identification of goods and services is indefinite and must be clarified as shown below. Note the following guidelines.
Therefore, applicant must remove the parentheses from the identification and incorporate any parenthetical or bracketed information into the description of the goods and/or services.
The international classification of goods in applications filed under Trademark Act Section 66(a) cannot be changed from the classification the International Bureau assigned to the goods in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §1401.03(d). Therefore, although clothing can be classified in international classes other than International Class 25 (e.g., International Classes 9, 10, and 18), any modification to the identification must identify goods in International Class 25 only, the class specified in the application for such goods. See TMEP §1904.02(c)(ii).
Examples of acceptable identifications for clothing and/or apparel in International Class 25 include the following: “shirts,” “shorts,” “pants,” “coats,” “dresses,” “skirts,” and “socks.” Applicant may also amend the identification by inserting the word “namely,” after “clothing” and then listing the specific types of clothing items. Alternatively, the applicant may delete the word “clothing,” and simply list the types of clothing.
-The word “toys” in Class 28 must be clarified by naming specific toys.
The international classification of goods in applications filed under Trademark Act Section 66(a) cannot be changed from the classification the International Bureau assigned to the goods in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §1401.03(d). Therefore, although software may be classified in international classes other than International Class 9 (i.e., International Classes 41 and 42), any modification to the identification must identify goods in International Class 9 only, the class specified in the application for such goods. See TMEP §1904.02(c)(ii).
The following are examples of acceptable identifications for software in International Class 9: “downloadable mobile applications for managing bank accounts,” “desktop publishing software,” “tax preparation software.”
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.
See TMEP §1402.01.
Applicant may adopt the following identifications, if accurate. (Suggested changes are shown in bold type.)
Acoustic couplers; compact disc players; computer game software; computer operating programs, recorded; computer peripheral devices; downloadable computer programs for ______ (list purpose or function, e.g., use in accounting, for sending email, etc.); computer programs for _______(list purpose or function, e.g., for storing data, etc.); data processing apparatus; decorative magnets; downloadable image files containing _______ (list, e.g., photographs, etc.); downloadable music files; downloadable ring tones for mobile phones; DVD players; electronic notice boards; encoded identification bracelets, magnetic; blank floppy computer disks; fluorescent screens; headphones; hologram apparatus (note: printed holograms are in Class 16; however, the applicant may not change the classification of goods/services in the application; if the intended goods are printed holograms, the applicant must delete “holograms” from the identification); instruments containing eyepieces, namely, _____ (list, e.g., microscopes, etc.); interfaces for computers; magic lanterns; blank magnetic data media, namely, ______ (list, e.g, blank magnetic data storage drives, etc.); blank magnetic disks; magnetic tape units for computers; computer hardware, namely, computer monitors; computer programs for use in monitoring ____(list, e.g., blood pressure, financial trends, etc.); mouse pads; neon signs; notebook computers; blank optical data media; blank optical discs; optical lanterns; phonograph records featuring ____(list, e.g., music, etc.); portable media players; sound recording apparatus; sound recording carriers, namely, ____ (list, e.g., blank CDs, blank audio tapes, etc.); sound recording discs, namely, ______ (list, e.g., blank CDs, blank DVDs, etc.); blank sound recording strips, namely, ____(list, e.g., blank magnetic audio tape, etc.); sound transmitting apparatus; spectacle cases; spectacle lenses; spectacle frames; spectacles; sunglasses; tape recorders; teaching apparatus, namely, _____ (list, e.g., manipulative blocks used as teaching aids for the visualization of math concepts, etc.); time recording devices, namely, time clocks; blank USB flash drives OR pre-recorded USB flash drives featuring ___ (list); blank video cassettes OR pre-recorded video cassettes featuring ____ (list, e.g., movies, etc.); video game cartridges; video recorders; blank videotapes OR pre-recorded videotapes featuring _____(list, e.g., movies, etc.); video telephones; in Class 9
Absorbent sheets of paper or plastic for foodstuff packaging; adhesive bands for stationery or household purposes; adhesives, namely, glues, for stationery or household purposes; adhesive tapes for stationery or household purposes; printed advertisement boards of paper or cardboard; albums for ____ (list, e.g., coins, photographs, etc.); almanacs; announcement cards; bags, namely, envelopes and pouches of paper or plastic, for packaging; balls for ball-point pens; bookbinding cords; bookbinding cloth; bookbinding material; book bindings; booklets in the field of _____ (list, e.g., nutrition, etc.); bookmarkers; series of books in the field of ____ (list, e.g., sports, etc.); bottle envelopes of cardboard; bottle wrappers of cardboard or paper; boxes of cardboard or paper; desktop cabinets for stationery; calendars; cardboard; cardboard tubes; cards, namely, ____ (list, e.g., greeting, business, note, etc.) cards; stamp cases; charcoal pencils; coasters of paper; comic books; decalcomanias; document files; document holders; drawing pads; drawing pins; drawing rulers; elastic bands for offices; embroidery design patterns; envelope sealing machines, for offices; envelopes; erasing shields; face towels of paper; figurines or statuettes of papier mâché; flags of paper; flower-pot covers of paper; informational flyers featuring _____ (list subject matter, e.g., recipes, etc.; NOTE: Advertising flyers are not goods in trade); folders for papers; fountain pens; garbage bags of paper or of plastics; glue for stationery or household purposes; greeting cards; graphic prints; graphic representations; graphic reproductions, namely, graphic art reproductions; gum adhesives for stationery or household purposes; handbooks or manuals in the field of ____ (list, e.g., auto repair, etc.); hand-held labeling devices; hand-rests for painters; humidity control sheets of paper or plastic for foodstuff packaging; isinglass for stationery or household purposes; labels of paper; magazines in the field of _____ (list, e.g., fashion, etc.); marking chalk; marking pens; modeling clay; modeling materials, namely, ____ (list, e.g., modeling clay, etc.); modeling paste; artists’ materials, namely, moulds for modeling clays; musical greeting cards; newsletters in the field of ____ (list, e.g., finance, etc.); newspapers; pen nibs; pen nibs of gold; note books; office requisites excluding furniture, namely, ____ (list, e.g., franking machines, rubber bands, staplers, etc.); pads, namely, ____ (list, e.g., desk pads, ink pads, etc.); articles for use in school, namely, paint boxes; pamphlets; paper; paper bags; paper bows for gift wrap; paper clasps in the nature of binder clips; paper clips; paper ribbons; paper tapes or cards for the recordal of computer programs; paperweights; papier mâché; parchment paper; passport holders; pastel crayons; printed patterns for dressmaking; printed patterns for making clothes; pen cases; pencil holders; pencil lead holders; pencil leads; pencils; pencil sharpeners, electric or non-electric; pencil sharpening machines, electric or non-electric; penholders; pens;; photographs; photograph stands; pictures; placards of paper or cardboard; place mats of paper; plans, namely, ____ (list, e.g., architectural, printed, etc.) plans OR plans for _____(list, e.g., building construction, etc.); plastic bubble packs for wrapping or packaging; plastic cling film, extensible, for palletization; plastic film for wrapping; plastics for modeling, namely, ____(list, e.g., modeling compounds, modeling paste, etc.); portraits; postage stamps; postcards; posters; printed matter, namely, ____ (list, e.g., newspapers, comic strips appearing in newspapers, etc.); printed publications, namely, ____ (list, e.g., series of books in the field of ____ (list), pamphlets in the field of _____ (list)); printed timetables; printing blocks; portable printing sets consisting of ____ (list, e.g., decorative stamps and paper, stencils, printers’ blocks, etc.); printing type; printed prospectuses; rubber erasers; scrapbooks; seals in the nature of stamps; sheets of reclaimed cellulose for wrapping; signboards of paper or cardboard; slate pencils; song books; square rulers; stands for pens and pencils; stationery; stencil cases; stencil plates; stencils; stationery, namely, stencils; stickers; tablecloths of paper; table napkins of paper; printed teaching materials in the field of _____ (list, e.g., English, math, etc.); thumbtacks; tickets, namely, _____(list, e.g., entry, passenger, printed, etc.) tickets; tissues of paper for removing make-up; tracing needles for drawing purposes; transfers, namely, decalcomanias; printers’ type in the nature of numerals and letters; waxed paper; wood pulp paper; writing board erasers; writing brushes; writing cases in the nature of ____ (list, e.g., pen and pencil sets, etc.); stationery, namely, writing cases in the nature of ______ (list, e.g., writing paper, etc.); writing chalk; writing instruments; writing materials, namely, ____ (list, e.g., pens, paper, etc.); writing or drawing books; writing pads; writing paper; in Class 16
Aprons; babies' pants; bandanas, namely, neckerchiefs; bath robes; bath sandals; bathing caps; bathing trunks; bathing suits; beach clothes, namely, ____(list, e.g., swim trunks, bathing suits, etc.); beach shoes; belts; berets; bibs, not of paper; boots; boots for sports; breeches for wear; cap peaks; headwear, namely, caps; clothing, namely, ____(list, e.g., pants, shirts, coats, etc.); clothing for gymnastics, namely, ____ (list, e.g., leotards, unitards, etc.); clothing of imitations of leather, namely, ____(list, coats, etc.); clothing of leather, namely, ______ (list, e.g. coats, etc.); coats; cyclists' clothing, namely, _____ (list, e.g., cycling shorts, cycling jerseys, etc.); dressing gowns; ear muffs; fittings of metal for footwear, namely, protective metal members for shoes and boots; footwear; gloves; hats; half-boots; headgear for wear, namely, _____ (list, e.g., hats, caps, etc.); hosiery; jackets; jerseys; jumpers, namely, pullovers; knitwear, namely, _____ (list, e.g., sweaters, etc.); clothing layettes OR baby layettes for clothing; mantillas; masquerade costumes; mittens; neckties; overcoats; outer clothing, namely, ____ (list, e.g., coats, etc.); paper hats for use as clothing; pelerines; petticoats; pyjamas; ready-made clothing, namely, ____(list, e.g., shirts, pants, etc.); sashes for wear; scarves; shawls; shirts; shoes; skorts; shower caps; skirts; sleep masks; sports singlets; sports shoes; stockings; suits; sweaters; tights; trousers; uniforms; vests; waistcoats; visors; waterproof clothing, namely, _____ (list, e.g., footwear, jackets, etc.); in Class 25
Amusement machines, automatic and coin-operated; arcade video game machines; bells for Christmas trees; bingo cards; toy building blocks; building games; board games; exercise equipment, namely, chest expanders; chips for gambling; confetti; Christmas tree stands; dolls; dolls' beds; dolls' clothes; dolls' feeding bottles; dolls' houses; dolls' rooms; flying discs; toys, namely, ____(list, e.g., plush toys, puzzles, etc.); games, namely, ____ (list, e.g., board games, parlor games, etc.; NOTE: computer game software is in Class 9); jigsaw puzzles; kites; marionettes; playthings, namely, _____ (list, e.g., theatrical, carnival, costume, etc.) masks; ornaments for Christmas trees, excluding illumination articles and confections; pinatas; playing cards; novelty toy items in the nature of ____(list) for practical jokes; radio-controlled toy vehicles; rocking horses; scratch cards for playing lottery games; spinning tops; stuffed toys; teddy bears; theatrical masks; toys for domestic pets; toy vehicles; video game machines; in Class 28
Administrative processing of purchase orders; advertising; advertising agencies; advisory services for business management; arranging newspaper subscriptions for others; auditing of ____ (list, e.g., insurance claims, business accounts, etc.); bill posting; business appraisals; business information; business investigation; business management assistance; business management consultancy; business organization consultancy; business research; commercial information agency services; commercial information and advice for consumers, namely, consumer advice shop; commercial or industrial management assistance; compilation of information into computer databases; compilation of statistics; computerized file management; computerized business research for others; demonstration of goods; dissemination of advertising matter; distribution of samples; drawing up of statements of accounts; economic forecasting; invoicing; layout services for advertising purposes; marketing, namely, promoting the goods and services of others; marketing research; conducting marketing studies; modelling for advertising or sales promotion; on-line advertising on a computer network; organization of exhibitions for commercial or advertising purposes; organization of trade fairs for commercial or advertising purposes; outdoor advertising; personnel management consultancy; personnel recruitment; personnel recruitment consultancy; presentation of goods on communication media for retail purposes; procurement services for others, namely, purchasing goods and services for other businesses; production of advertising films; professional business consultancy; psychological testing for the selection of personnel; publication of publicity texts; publicity material rental; public relations; rental of advertising time on communication media; rental of vending machines; sales promotion for others; systemization of information into computer databases; telephone answering for unavailable subscribers; transcription of communications, namely, message transcription; updating of advertising materials; word processing; writing of publicity texts; in Class 35
Amusement parks; amusements, namely, ____ (list, e.g., amusement arcades, amusement centers, etc.); arranging and conducting of educational congresses, colloquiums, conferences, seminars, and symposiums; arranging and conducting of concerts; arranging and conducting of training workshops; club services, namely, ____ (list, e.g., night club services, golf club services, etc.); education in the field of ____ (list, e.g., math, etc.) rendered through correspondence courses; disc jockey services; dubbing; electronic desktop publishing; entertainment, namely, _____ (list, e.g., providing live music concerts, etc.); entertainment information; film production, other than advertising films; gambling services; games equipment rental; entertainment services, namely, providing on-line computer games line from a computer network; language interpreter services; lending libraries; microfilming; modeling for artists; movie studio services; music composition services; music hall services; nursery schools; organization of balls; organization of ____(list, e.g., swimming, etc.) competitions; organization of exhibitions for cultural or educational purposes; operating lotteries; organization of fashion shows for entertainment purposes; organization of sports competitions; party planning; photographic reporting; photography; practical training in the field of ____ (list, e.g., nursing, etc.); presentation of _____ (list, e.g., musical, circus, etc.) performances; production of movies in the nature of cartoons; production of music; production of _____(list, e.g., television, radio, etc.) shows; production of video films other than for advertising; providing museum services, including presentations and exhibitions regarding museum items; providing on-line, non-downloadable electronic publications in the nature of ____(list, e.g., e-books, e-zines, etc.) in the field of _____ (list, e.g., art, music, etc.); providing facilities for entertainment, namely, for ____ (list, e.g., concerts, etc.); publication of on-line electronic publishing of electronic books and journals; publication of texts other than publicity texts; radio entertainment production; recording studio services; religious education, namely, providing classes in the field of religion; rental of cine-films; rental of radio and television sets; rental of show scenery; rental of sound recordings; rental of stage scenery; rental of videotapes; scriptwriting services for non-advertising purposes; sign language interpretation; subtitling; television entertainment, production of television shows; toy rental; translation; tutoring in the field of ____(list, e.g., math, etc.) OR tutoring at the _____ (list, e.g., college, high school, etc.) level; videotape editing; education or training advice, namely, vocational guidance; vocational retraining in the field of ____ (list, e.g., electrical wiring, etc.); writing of texts, other than publicity texts, in the field of _____(list, screenplay writing, etc.); in Class 41
Computer programming; computer software consultancy; computer system analysis; computer systems design; conversion of data or documents from physical to electronic media; creating and maintaining web sites for others; consultancy in the design and development of computer hardware; data conversion of computer programs and data, not physical conversion; design of computer software; design of interior decor; dress design services; duplication of computer programs; hosting of web sites; industrial design; installation of computer software; maintenance of computer software; packaging design; recovery of computer data; rental of computer software; rental of web servers; research and development of new products for others; styling industrial design, namely, ___ (list, e.g., industrial design in the field of ______); technical project studies in the field of ____(list, e.g., engineering, etc.); technical research in the field of ____ (list, e.g., aeronautics, pharmaceutical studies, etc.); updating of computer software; in Class 42
NAME OF LIVING INDIVIDUAL
Applicant must clarify whether the name “NIKA” in the mark identifies a particular living individual. See 37 C.F.R. §2.61(b); TMEP §§813, 1206.03. In this case, the application neither specifies whether the name in the mark identifies a particular living individual nor includes a written consent. See TMEP §§813.01(a)-(b), 1206.04(a), 1206.05.
To register a mark that consists of or comprises the name of a particular living individual, including a first name, pseudonym, stage name, or nickname, an applicant must provide a written consent personally signed by the named individual. 15 U.S.C. §1052(c); TMEP §§813, 1206.04(a).
Accordingly, if the name in the mark does not identify a particular living individual, applicant must submit a statement to that effect (e.g., “The name shown in the mark does not identify a particular living individual.”).
However, if the name in the mark does identify a particular living individual, applicant must submit both of the following:
(1) The following statement: “The name(s) shown in the mark identifies a living individual(s) whose consent(s) to register is made of record.” If the name is a pseudonym, stage name, or nickname, applicant must provide the following statement: “NIKA identifies ______ (specify actual name), a living individual whose consent is of record.”
(2) A written consent, personally signed by the named individual(s), as follows: “I consent to the use and registration by Nika Entertainment LTD of my name as a trademark and/or service mark with the USPTO.”
For an overview of the requirements pertaining to names appearing in marks, and instructions on how to satisfy this requirement online using the Trademark Electronic Application System (TEAS) response form, please go to http://www.gov.uspto.report/trademarks/law/consent.jsp.
Failing to respond to this inquiry may result in a refusal to register the mark. See In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); TMEP §814.
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.
HOW APPLICANT MUST RESPOND
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 live 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).
ANY QUESTIONS?
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.
Trademark Examining Attorney
Law Office 111
(571) 272-9125
Fax: (571) 273-9125
esther.belenker@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.