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. 79207036
MARK: PARTNER
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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: Partner Communications Company Ltd.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
INTERNATIONAL REGISTRATION NO. 1343477
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.
Specifically, applicant must address the following issues:
· Section 2(d) refusal;
· Identification requirement; and
· Mark description requirement.
Refusal – Section 2(d) Likelihood of Confusion
In any likelihood of confusion determination, two key considerations are similarity of the marks and similarity or relatedness of the goods and/or services. In re Fat Boys Water Sports LLC, 118 USPQ2d 1511, 1516 (TTAB 2016) (citing Federated Foods, Inc. v. Fort Howard Paper Co., 544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976)); see TMEP §1207.01. That is, the marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression. In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973)); TMEP §1207.01(b)-(b)(v). Additionally, the goods and/or services are compared to determine whether they are similar or commercially related or travel in the same trade channels. See Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369-71, 101 USPQ2d 1713, 1722-23 (Fed. Cir. 2012); Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1165, 64 USPQ2d 1375, 1381 (Fed. Cir. 2002); TMEP §1207.01, (a)(vi).
Comparing the Marks
Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression. Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v). “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.” In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014) (citing In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581, 1586 (TTAB 2007)); In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988)); TMEP §1207.01(b).
For a composite mark containing both words and a design, the word portion may be more likely to indicate the origin of the goods and/or services because it is that portion of the mark that consumers use when referring to or requesting the goods and/or services. Bond v. Taylor, 119 USPQ2d 1049, 1055 (TTAB 2016) (citing In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908, 1911 (Fed. Cir. 2012)); TMEP §1207.01(c)(ii). Thus, although such marks must be compared in their entireties, the word portion is often considered the dominant feature and is accorded greater weight in determining whether marks are confusingly similar, even where the word portion has been disclaimed. In re Viterra Inc., 671 F.3d at 1366-67, 101 USPQ2d at 1911 (citing Giant Food, Inc. v. Nation’s Foodservice, Inc., 710 F.2d 1565, 1570-71, 218 USPQ2d 390, 395 (Fed. Cir. 1983)).
Here, applicant’s mark is “PARTNER” in stylized text; registrant’s marks are both “PARTNER” in stylized text. The marks are confusingly similar because the literal portions are identical.
Thus, when comparing the marks as a whole, the overall impression is that of highly similar marks.
Comparing the Goods and/or Services
The respective goods and/or services need only be “related in some manner and/or if the circumstances surrounding their marketing are such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.” Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).
Here, applicant’s goods and services are listed as:
International Class 009: Communication and telecommunication apparatus, components and instruments, including a dial card which enables the purchase of pre-paid communication services; telephones and mobile phones (mobile radio-telephones); accessories for phones and mobile phones including adapters, batteries, chargers, cases, bags and pouches, headphones, hands free speakers, speakers, cameras, adhesive panels and straps: apparatus and instruments for television, radio and computers; keyboards; modems; routers; streaming devices; tablets; laptops; electronic apparatus for recording, processing, registering and transferring information: downloadable or recorded computer software and programs including software and programs supplied from a computer database, the Internet or other electronic network; magnetic, digital and optical data carriers and data recording mid storage media; magnetic and encoded cards; smart cards; integrated circuit cards; cards containing microprocessors; magnetic cards; downloadable or recorded music provided from computerised database or from the Internet, including from MP3 Internet sites; discs, records, audio and video cassettes; beeper apparatus and instruments; downloadable ring tones and graphics for mobile phones; customized display screens downloadable to communications apparatus; computerized personal organizers; electronic and satellite navigating and locating systems; desk and ear-mounted units for mobile phones handsets parts, adapters and fittings for all the aforementioned goods.
International Class 038: Services of telecommunications and communication, including in the field of telephone services, computerized databases, computer communications network, global computer network; provision of communication connections to computerized databases, computer communication network and global computer network, telephone, facsimile, telex, wireless and cellular, message collection and transmission, radio-paging and electronic mail services; transmission, reception, and conversion of files, data and information namely, converting them into a meaningful extract by a computer; transmission, storage, logging, backup, reception and retrieval of data, being in the form of encoded data, text, audio, video, graphic images or a combination of these formats; on-line information services relating to telecommunications services; data interchange services; satellite communication services; broadcasting or transmission of content, radio and television programs; advisory, information and consultancy services relating to all the aforementioned services.
International Class 041: Electronic games services provided from a computer database or by means of the Internet; radio, television and content entertainment services; creation, provision, aggregation, distribution, rental and broadcasting services of contents and information in the fields of news, films, television and online series, current affairs, music, entertainment, education, sports, culture and leisure, all via the Internet, cellular networks and other types of communication and telecommunication networks and via global computer networks.
Registrant’s goods in U.S. Registration No. 4648271 are listed as:
International Class 009: Bar code readers; Card readers for magnetically encoded cards; Cash registers; Computer hardware; Computer hardware and computer peripheral devices; Computer hardware and peripheral devices; Computer monitors; Computer printers; Computer terminals, keyboards and printers; Computer utility programs; Daisy wheel printers; Dot matrix printers; Laser scanners for industrial inspection; Minicomputers; Optical scanners.
Registrant’s goods in U.S. Registration No. 2473137 are listed as:
International Class 009: Bar code readers, daisy wheel printers, dot matrix printers, minicomputers, computer monitors, electronic door openers, optical scanners, computer peripherals, electrical power supplies, computer printers, computer terminals, magnetic coded card readers, cash registers, computer hardware, computer keyboards, computer utility programs, laser scanners for industrial inspection.
Both parties are providing keyboards. While applicant lists several computer peripheral devices by name, registrant lists peripheral devices as a whole. Applicant is providing magnetically encoded cards, and registrant is providing readers for these cards. Thus, the parties’ goods will meet a related consumer need and will be sold through common trade channels to the same consumers.
Consumers are likely to be confused by the use of similar marks on or in connection with goods and with services featuring or related to those goods. TMEP §1207.01(a)(ii); see In re Hyper Shoppes (Ohio), Inc., 837 F.2d 463, 6 USPQ2d 1025 (Fed. Cir. 1988) (holding BIGG’S for retail grocery and general merchandise store services likely to be confused with BIGGS for furniture); In re United Serv. Distribs., Inc., 229 USPQ 237 (TTAB 1986) (holding design for distributorship services in the field of health and beauty aids likely to be confused with design for skin cream); In re Phillips-Van Heusen Corp., 228 USPQ 949 (TTAB 1986) (holding 21 CLUB for various items of men’s, boys’, girls’ and women’s clothing likely to be confused with THE “21” CLUB (stylized) for restaurant services and towels); In re U.S. Shoe Corp., 229 USPQ 707 (TTAB 1985) (holding CAREER IMAGE (stylized) for retail women’s clothing store services and clothing likely to be confused with CREST CAREER IMAGES (stylized) for uniforms); Steelcase Inc. v. Steelcare Inc., 219 USPQ 433 (TTAB 1983) (holding STEELCARE INC. for refinishing of furniture, office furniture, and machinery likely to be confused with STEELCASE for office furniture and accessories); Mack Trucks, Inc. v. Huskie Freightways, Inc., 177 USPQ 32 (TTAB 1972) (holding similar marks for trucking services and on motor trucks and buses likely to cause confusion).
Thus, a comparison of the registrant’s goods shows that the goods are highly related to applicant’s goods and services.
Conclusion
In sum, for the reasons outlined above, applicant’s mark is refused registration based on a likelihood of confusion with the cited marks.
If applicant responds to the refusal(s), applicant must also respond to the requirement set forth below.
Requirement – Identification
All identifications must be precise and identify the goods and/or services with particularity using common or commercial names. TMEP §1402.01.
Current Identification
Applicant’s current identification reads (applicant should note that the wording requiring amendment, as discussed further below, has been highlighted in bold font):
International Class 009: Communication and telecommunication apparatus, components and instruments, including a dial card which enables the purchase of pre-paid communication services; telephones and mobile phones (mobile radio-telephones); accessories for phones and mobile phones including adapters, batteries, chargers, cases, bags and pouches, headphones, hands free speakers, speakers, cameras, adhesive panels and straps: apparatus and instruments for television, radio and computers; keyboards; modems; routers; streaming devices; tablets; laptops; electronic apparatus for recording, processing, registering and transferring information: downloadable or recorded computer software and programs including software and programs supplied from a computer database, the Internet or other electronic network; magnetic, digital and optical data carriers and data recording mid storage media; magnetic and encoded cards; smart cards; integrated circuit cards; cards containing microprocessors; magnetic cards; downloadable or recorded music provided from computerised database or from the Internet, including from MP3 Internet sites; discs, records, audio and video cassettes; beeper apparatus and instruments; downloadable ring tones and graphics for mobile phones; customized display screens downloadable to communications apparatus; computerized personal organizers; electronic and satellite navigating and locating systems; desk and ear-mounted units for mobile phones handsets parts, adapters and fittings for all the aforementioned goods.
International Class 038: Services of telecommunications and communication, including in the field of telephone services, computerized databases, computer communications network, global computer network; provision of communication connections to computerized databases, computer communication network and global computer network, telephone, facsimile, telex, wireless and cellular, message collection and transmission, radio-paging and electronic mail services; transmission, reception, and conversion of files, data and information namely, converting them into a meaningful extract by a computer; transmission, storage, logging, backup, reception and retrieval of data, being in the form of encoded data, text, audio, video, graphic images or a combination of these formats; on-line information services relating to telecommunications services; data interchange services; satellite communication services; broadcasting or transmission of content, radio and television programs; advisory, information and consultancy services relating to all the aforementioned services.
International Class 041: Electronic games services provided from a computer database or by means of the Internet; radio, television and content entertainment services; creation, provision, aggregation, distribution, rental and broadcasting services of contents and information in the fields of news, films, television and online series, current affairs, music, entertainment, education, sports, culture and leisure, all via the Internet, cellular networks and other types of communication and telecommunication networks and via global computer networks.
The identification is unacceptable as presently worded because certain goods and/or services are worded indefinitely, need clarification and/or have been misclassified. In the identification, applicant must use the common commercial or generic names for the goods and/or services, be all-inclusive, as complete and specific as possible, and avoid the use of indefinite words and phrases. If applicant chooses to use indefinite terms, then such terms must be followed by the word "namely" and a list of the specific goods and/or services identified by their common commercial or generic names. TMEP §§1402.01 and 1402.03(a).
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 of the World Intellectual Property Organization 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 009 (i.e., International Classes 041 and 042), any modification to the identification must identify goods in International Class 009 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 009: “downloadable mobile applications for managing bank accounts,” “desktop publishing software,” “tax preparation software.”
The data recorders and other digital media must be indicated to be “blank” or applicant must indicate what type of content has been prerecorded on it.
The wording “transmission, reception, and conversion of files, data and information namely, converting them into a meaningful extract by a computer” is indefinite and possibly misclassified. It is unclear what services are being provided. Therefore, applicant must provide more specificity regarding the nature of these services. Note that generally electronic conversion of files, such as digital compression, is a technical service in International Class 042 rather than a telecommunications service in International Class 038. However, applicant may not amend these services to services in another class. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03, 1904.02(c), (c)(ii).
In an application filed under Trademark Act Section 66(a), an applicant may not change the classification of goods and/or services from that assigned by the International Bureau of the World Intellectual Property Organization in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Therefore, although the services may be classified in several international classes, any modification to this wording must identify services in International Class 038 only, the class specified in the application for these services. See TMEP §1904.02(c), (c)(ii).
The wording “transmission, storage, logging, backup, reception and retrieval of data, being in the form of encoded data, text, audio, video, graphic images or a combination of these formats” is indefinite and overly broad. Some of these services are not International Class 039 services. For instance, electronic data storage is an International Class 042 service. Backup services for computer hard drive data is also an International Class 042 service. Retrieval of data is also a service in International Class 042 service, which must be modified to clarify the type of retrieval, e.g., retrieving public documents, providing customized computer searching services in the nature of retrieving and searching for information at the customer’s specific request. Therefore, applicant must clarify the nature of these services appropriate for the listed class.
In International Class 041, the wording “radio, television and content entertainment services” is indefinite and overly broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass radio transmission services in International Class 038.
The information services in the identification of services in International Class 041 is indefinite and must be clarified. TMEP §§1402.01 et seq.
Information services are classified according to the subject matter of the information provided. TMEP §1402.11(b). Following are examples of proper classification: “providing information pertaining to purchasing an automobile” -- International Class 035; “providing information regarding financing and insuring an automobile” -- International Class 036; and “providing information regarding the repair and maintenance of automobiles” -- International Class 037. If the information is provided online or via a website, this information should also be included in the identification of services, e.g., “providing health care information online” in International Class0 44.
Therefore, in order to enable proper classification and examination of the application, applicant must specify the subject matter of the “information” services.
Suggested Amendment
Applicant may adopt the following identification, if accurate (applicant should note that the suggested amended language appears in bold font, and that the applicant must supply the requisite information detailed within the brackets {} and then delete the brackets and the informational matter within):
International Class 009: Communication and telecommunication apparatus, components and instruments, namely, a magnetically encoded dial card which enables the purchase of pre-paid communication services; telephones and mobile phones in the nature of mobile radio-telephones; accessories for phones and mobile phones, namely, power adapters, batteries, chargers, cases, bags and pouches, headphones, hands-free speakers, speakers, cameras, adhesive panels being screen protectors, and straps: apparatus and instruments for television, radio and computers, namely, ________ {specify the nature of the apparatus and instruments, e.g., antennae}; keyboards; modems; ______ {specify type, e.g., wireless} routers; digital media streaming devices; personal computer tablets; laptop computers; electronic apparatus for recording, processing, registering and transferring information, namely, ________ {specify the common or commercial name for the goods, e.g., video cameras}: downloadable software and computer software and programs recorded on computer media all for _______ {specify the purpose or function of the software and the field of use, if field-specific, e.g., uploading videos to the internet}; blank magnetic, digital and optical data carriers; data recording mid storage media, namely, _________ {specify the nature of these goods by common or commercial name or describe them in greater detail; if these goods are pre-recorded, indicate the subject matter or field; if they are blank, so indicate}; magnetic and encoded _____ {specify type, e.g., key, charge} cards; encoded smart cards containing programming used to _______ {specify the function or purpose, and, if the programming is content-specific, indicate the field of use}; integrated circuit cards; cards containing microprocessors; magnetically encoded ______ {specify type, e.g., key, charge} cards; downloadable music provided from computerised database or from the Internet, including from MP3 Internet sites; ______ {specify the type of media, e.g., CDs, cassette tapes} featuring music; ______ {specify type, e.g., compact, audio} discs, records, audio and video cassettes, all featuring ______ {specify subject matter, e.g., music, math instruction}; beeper apparatus and instruments, namely, ______ {specify the particular goods, e.g., beeper carrying cases}; downloadable ring tones and graphics for mobile phones; customized display screens downloadable to communications apparatus; computerized electronic personal organizers; electronic and satellite navigating and locating systems, namely, ________ {specify particular goods, e.g., GPS systems}; desk and ear-mounted units for mobile phones handsets parts; power adapters and fittings for all the aforementioned goods, sold with the goods as a unit.
International Class 038: Services of telecommunications and communication, including in the field of telephone services, computerized databases, computer communications network, and global computer networks, namely, _______ {specify the particular services by common or commercial name, e.g., telecommunications access services, rental of telecommunications lines}; telecommunications access services, namely, provision of communication connections to computerized databases, computer communication network and global computer network, telephone, facsimile, telex, wireless and cellular, message collection and transmission, radio-paging and electronic mail services; transmission, reception, and conversion of files, data and information namely, _________ {specify the services with greater particularity appropriate for this class}; transmission, logging, and reception of data, being in the form of encoded data, text, audio, video, graphic images or a combination of these formats, namely, _________ {specify the nature of these services within the listed class with greater particularity}; on-line information services relating to telecommunications services; electronic data interchange services; satellite communication services; transmission of ________ {specify what is being transmitted with greater particularity, e.g., digital music, satellite images, television programs} via _______ {specify medium of broadcasting, e.g., television} broadcasting; _________ {specify the particular services offered via phone} offered via mobile and cellular telephones; services for the reception and transmission of voice, text, and multimedia messages; hire, leasing or rental of telecommunications apparatus, instruments, installations and structural components for use in the provision of all the aforementioned services; advisory, information and consultancy services relating to all the aforementioned services.
International Class 041: Electronic games services provided from a computer database or by means of the Internet; radio, television and content entertainment services, namely, _______ {specify particular services intended, e.g., radio entertainment in the nature of radio programs featuring performances by a radio personality}; provision of entertainment information in the fields of current events news, films, television and online _______ {specify the type of series, e.g., television, radio} series, current affairs being current events news, music, entertainment in the nature of ______ {specify the type of entertainment, e.g., celebrity gossip}, education, sports, culture and leisure, all via the Internet, cellular networks and other types of communication and telecommunication networks and via global computer networks.
Limitation on Amendments
While an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. Section 2.71(a); TMEP §1402.06. Trademark Rule 2.71(a), 37 C.F.R. §2.71(a), restricts amendments to the identification of goods or services as follows, “The applicant may amend the application to clarify or limit, but not to broaden, the identification of goods and/or services.” This rule applies to all applications.
Therefore, the applicant may not amend to include any goods or services that are not within the scope of goods or service set forth in the present identification.
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. See TMEP §1402.04.
Requirement – Mark Description
Therefore, applicant must provide a description of the applied-for mark. The following is suggested:
The mark consists of the stylized wording “PARTNER”.
Advisory – Prior-Filed Applications as Potential Bars to Registration
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
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 has questions about the application or this Office action, please contact the assigned trademark examining attorney at the telephone number or email address below. Applicant is encouraged to contact the examining attorney via email or telephone to make required changes to the application through an examiner’s amendment.
To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp. If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/trademarks/teas/e_filing_tips.jsp and e-mail technical questions to TEAS@uspto.gov.
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.
/Andrea Hack/
Trademark Examining Attorney
U.S. Patent & Trademark Office
Law Office 108
571-272-5413 (ph.)
andrea.hack@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.