Offc Action Outgoing

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.

SEARCH OF OFFICE RECORDS – ADVISORY

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).

However, Applicant must respond to the following.

EXPLANATION OF MARK’S SIGNIFICANCE REQUIRED

To permit proper examination of the application, applicant must provide the following information:

(1) Explain whether the wording in the mark “NIKON” has any meaning or significance in the industry in which the goods and/or services are manufactured/provided, any meaning or significance as applied to applicant’s goods and/or services, or if such wording is a term of art within applicant’s industry.

(2) Explain whether this wording identifies a geographic place or has any meaning in a foreign language.

(3) Submit an English translation of all foreign wording in a mark. If the wording does not have meaning in a foreign language, applicant should so specify.

The format for an English translation: “The English translation of “NIKON” is “_______”.”

The format for when there is no English translation: “The wording “NIKON” has no meaning in a foreign language.”

(4) Respond to the following questions:

Does anyone associated with applicant use Nikon as a surname?

See 37 C.F.R. §§2.32(a)(9)-(a)(10), 2.61(b); TMEP §§809-809.03, 814.

Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.

IDENTIFICATION UNACCEPTABLE - REQUIREMENT

Applicant has identified the following:

“Chemicals; chemicals for research or scientific purposes; chemical reagents; chemical reagents for research or scientific purposes; chemical agents; chemical agents for research or scientific purposes; bacterial preparations, other than for medical and veterinary use; cell growth media for growing biological cells; cell growth media for growing biological cells for research or scientific purposes; cell growth media for growing cells for use in scientific research; cells for research or scientific purposes; assays for research purposes.” in Class 001;

“Proteins for medical use; cells for medical use; microorganisms and cultures for medical use; cultures of microorganisms for medical use; culture media for use in cultivating human, animal, and plant cells; pharmaceutical preparations; pharmaceutical preparations for medical purposes; pharmaceutical preparations for regenerative medical purposes; pharmaceutical preparations for gene therapy purposes; pharmaceutical preparations for research or scientific purposes; semen for artificial insemination; cell culture reagents for medical or clinical use; sera and reagents for biological and pharmaceutical research and for the manufacture of pharmaceutical products; medical diagnostic reagents and assays for testing of body fluids; diagnostic preparations; chemical reagents for medical or veterinary purpose; chemicals for medical purposes; chemicals for regenerative medical purposes; chemicals for gene therapy purposes; chemical reagents for medical purposes; chemical reagents for regenerative medical purposes; chemical reagents for gene therapy purposes; chemical agents for medical purposes; chemical agents for regenerative medical purposes; chemical agents for gene therapy purposes; cell growth media for growing biological cells for medical purposes; cell growth media for growing biological cells for regenerative medical purposes; cell growth media for growing biological cells for gene therapy purposes.” in Class 005;

“Medical apparatus and instruments and part and fitting therefor; medical imaging apparatus; medical apparatus and instruments for diagnostic radiopharmaceutical use; medical apparatus and instruments for regenerative medical purposes; medical apparatus and instruments for gene therapy purposes; medical apparatus and instruments used for cell culture and part and fitting therefor; cell culture apparatus for medical use, namely, cell culture chambers; cell culture apparatus for regenerative medical purposes; cell culture apparatus for gene therapy purposes.” in Class 010;

“Retail services featuring cells for research or scientific use; retail services featuring cells for medical use; business consultancy services relating to manufacturing.” in Class 035;

“Storage of cells; storage of cells for medical purposes; storage of cells for regenerative medical purposes; storage of cells for gene therapy purposes; storage of cells for research or scientific purposes; storage of goods; warehousing services; temporary safekeeping of personal belongings; cryogenic storage.” in Class 039;

“Custom production and processing of proteins and chemicals for others; custom manufacture of cells for others; custom manufacture of cells for medical purposes for others; custom manufacture of cells for regenerative medical purposes for others; custom manufacture of cells for gene therapy purposes for others; custom manufacture of cells for research or scientific purposes for others; custom development of manufacturing process of cells for others; custom development of manufacturing process of cells for medical purposes for others; custom development of manufacturing process of cells for regenerative medical purposes for others; custom development of manufacturing process of cells for gene therapy purposes for others; custom development of manufacturing process of cells for research or scientific purposes for others; custom manufacture of cell tissues for others; custom processing of cells for others; custom processing of cells for medical purposes for others; custom processing of cells for regenerative medical purposes for others; custom processing of cells for gene therapy purposes for others; custom processing of cells for research or scientific purposes for others; providing information and advices about manufacturing cells; providing information and advices about manufacturing cells for medical purposes; providing information and advices about manufacturing cells for regenerative medical purposes; providing information and advices about manufacturing cells for gene therapy purposes; providing information and advices about manufacturing cells for research or scientific purposes; custom manufacture and processing of chemicals, chemical products and pharmaceuticals for others; custom manufacture and processing of cells for research or scientific use for others; processing of artificial limbs or artificial teeth, including processing of medical materials; production and processing of chemicals, ingredients for pharmaceuticals, and cells for research and scientific purposes; manufacture of bacteriological cultures, buffer solution, and reagents for others; cryogenic preservation.” in Class 040;

“Custom research and development for others; custom research and development for medical purposes for others; custom research and development for regenerative medical purposes for others; custom research and development for gene therapy purposes for others; custom research and development for research or scientific purposes for others; custom cultivation of cells and tissues for others; custom cultivation of cells and tissues for medical purposes for others; custom cultivation of cells and tissues for regenerative medical purposes for others; custom cultivation of cells and tissues for gene therapy purposes for others; custom cultivation of cells and tissues for research or scientific purposes for others; testing, inspection or research of cells and providing information and consultancy therefor; testing, inspection or research of cells for medical purposes and providing information and consultancy therefor; testing, inspection or research of cells for regenerative medical purposes and providing information and consultancy therefor; testing, inspection or research of cells for gene therapy purposes and providing information and consultancy therefor; testing, inspection or research of cells for research or scientific purposes and providing information and consultancy therefor; research, developments and quality control of cells and consultancy therefor; research, developments and quality control of cells for medical purposes and consultancy therefor; research, developments and quality control of cells for regenerative medical purposes and consultancy therefor; research, developments and quality control of cells for gene therapy purposes and consultancy therefor; research, developments and quality control of cells for research or scientific purposes and consultancy therefor; quality control for others; consultancy services in the field of quality control; consultancy services in the fields of testing, inspection, research or investigation of pharmaceuticals and chemicals; consultancy services about testing, inspection, research or investigation of cells; consultancy services in the fields of testing, inspection, research or investigation of cells for medical purpose; consultancy services in the fields of testing, inspection, research or investigation of cells for regenerative medical purposes; consultancy services in the fields of testing, inspection, research or investigation of cells for gene therapy purposes; consultancy services in the fields of testing, inspection, research or investigation of cells for research or scientific purposes; providing information and consultancy services about testing, inspection or research of pharmaceuticals; providing medical and scientific research information and consultancy services in the fields of testing, inspection or research of pharmaceuticals; custom inspection, analysis, research and development of cells for research or scientific use for others; custom services in the fields of scientific testing, inspection, research or investigation of pharmaceuticals and chemicals; custom inspection, analysis, research, development and design of pharmaceutical agents or pharmaceuticals for others; providing information about inspection, analysis, research, development and design of chemicals, chemical products or proteins; providing medical and scientific research information in the fields of inspection, analysis, research, development and design of chemicals, chemical products or proteins; providing information about inspection, analysis, research, development and design of pharmaceutical agents or pharmaceuticals; providing medical and scientific research information in the fields of inspection, analysis, research, development and design of pharmaceutical agents or pharmaceuticals; research and development in the field of microorganisms and cells; research and development in the field of microorganisms and cells for medical purposes; research and development in the field of microorganisms and cells for regenerative medical purposes; research and development in the field of microorganisms and cells for gene therapy purposes; research and development in the field of microorganisms and cells for research or scientific purposes; conducting clinical trials for others; providing information about clinical trials; providing medical and scientific research information in the field of clinical trials; conducting clinical trials for others in the field of pharmaceuticals; testing, inspection or research of pharmaceuticals, cosmetics or foodstuffs; research on building construction or city planning; testing or research on prevention of pollution; testing or research on electricity; testing or research on civil engineering; testing, inspection or research on agriculture, livestock breeding or fisheries; providing scientific and research information in the field of bioscience via a website; development and design of manufacturing methods and of testing methods; process monitoring for quality assurance.” in Class 042;

“Consultancy services relating to laws and regulations; legal consultation services; regulatory compliance consulting in the field of pharmaceuticals and biologies; agencies for legal procedures relating to lawsuits or other legal issues; legal services; information services relating to manufacturing standards; advisory services relating to regulatory affairs.” in Class 045.

Unfortunately, the italicized wording above is insufficiently definite for registration purposes. See TMEP §1402.01.

Class 001

The type of chemicals and chemical agents must be specified, e.g., industrial chemicals.

The purpose of the reagents must be specified, e.g., Reagents for use in scientific apparatus for chemical or biological analysis, Chemical reagents for non-medical purposes.

Class 005

The common commercial name of the proteins and preparations and/or the conditions they treat must be specified, e.g., proteins for medical use being preparations for the treatment of gout.

The wording “cell culture reagents for medical or clinical use” must be amended to specify the type of clinical use, e.g., cell culture reagents for medical or clinical medical use.

The wording “sera and reagents for biological and pharmaceutical research and for the manufacture of pharmaceutical products” must be amended to specify the common commercial name and specific purpose of the goods, e.g., serums and reagents for medical use for the treatment of gout.

Class 010

Use of broad terms: In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases. TMEP §1402.03(a); see 37 C.F.R. §2.32(a)(6). If applicant uses indefinite words such as “apparatus,” “components,” “devices,” “instruments,” “components,” or “parts,” such wording must be followed by “namely,” and a list of each specific product identified by its common commercial or generic name. See TMEP §§1401.05(d), 1402.03(a).

The wording “for regenerative medical purposes” is overly broad and must be amended to clarify the particular medical use or the common commercial name of the goods, e.g., cell culture apparatus for regenerative medical purposes being cell chambers, cell culture apparatus for regenerative medical surgery purposes, cell culture apparatus for regenerative medical purposes for the treatment of {specify condition, e.g., gout}.

Class 035

The type of retail services must be specified, e.g., retail store services.

Class 039

The wording “cryogenic storage” must be amended to specify the common commercial name of the services, e.g., Biomedical services, namely, the storage of human cells for medical use.

Class 040

The wording “custom development of manufacturing process is indefinite and must be clarified because it does not appear to describe any services in the identified international class. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1904.02(c)(iii). Generally, a trademark examining attorney will recommend language to replace unacceptable wording in identifications of services. See TMEP §1402.01(e). However, in this case, the trademark examining attorney is unable to suggest alternative wording because this wording is indefinite and does not appear to describe any services in the class. See TMEP §1904.02(c)(iii). Applicant may respond by amending this wording to clarify the nature of the services; however, any amendment to the identification must identify services in International Class 040 and be within the scope of the wording in the initial application. See TMEP §§1402.01(c), 1402.07(a), 1904.02(c)(iii). The scope of the identification for purposes of permissible amendments is limited by the international class(es) 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 to services that are in a class other than that assigned by the International Bureau, the amendment will not be accepted because it would exceed the scope and those services would no longer have a basis for registration under U.S. law. TMEP §§1402.01(c), 1904.02(c). Alternatively, applicant may delete this unacceptable wording from the identification. See TMEP §1904.02(c)(iii)-(iv). However, once an application has been expressly amended to delete services, those items generally may not later be re-inserted. See TMEP §1402.07(e). If applicant believes the classification assigned by the International Bureau was in error, applicant may contact the International Bureau and request correction of, or recordation of a limitation to, the international registration. TMEP §1904.02(c)(iii)-(iv), (e)(i)-(e)(ii). However, filing such a request with the International Bureau is not considered a formal response to this Office action. See TMEP §1904.02(c)(iv), (e)(iii). Applicant must also file a timely and complete response to this Office action, stating that applicant has filed a request for a correction or to record a limitation with the International Bureau that will resolve the outstanding issue. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§711, 718.03, 1904.02(c)(iii)-(iv), (e)(iii). The response should include (1) a copy of the request for correction or limitation filed with the International Bureau and (2) a request to suspend action on the application, which will normally be granted under such circumstances. See TMEP §§716.02(g), 1904.02(c)(iii)-(iv).

The type of “production” must be specified, e.g., production in the nature of manufacturing and processing of chemicals.

Class 042

The subject matter or type of the research and development must be specified, e.g., scientific research and development services, product research and development.

The “custom cultivation” wording must be amended to specify the particular nature of the services, e.g., ; custom cultivation of cells and tissues for others in the nature of new product development.

Class 045

The field of the regulations consulting and regulatory advisory services must be specified.

The Class 045 nature of the standards information must be specified, e.g., Providing information in the field of legal standards in the field of manufacturing.

Applicant may adopt the following, if accurate:

“Industrial chemicals; industrial chemicals for research or scientific purposes; Chemical reagents for non-medical purposes; chemical reagents for research or scientific purposes; chemical agents being industrial chemicals for research or scientific purposes; bacterial preparations, other than for medical and veterinary use; cell growth media for growing biological cells; cell growth media for growing biological cells for research or scientific purposes; cell growth media for growing cells for use in scientific research; cells for research or scientific purposes; assays for research purposes.” in Class 001;

“Proteins for medical use being preparations for the treatment of {specify condition treated, e.g., gout}; cells for medical use; microorganisms and cultures for medical use; cultures of microorganisms for medical use; culture media for use in cultivating human, animal, and plant cells; pharmaceutical preparations; pharmaceutical preparations for medical purposes being preparations for the treatment of {specify condition treated, e.g., gout}; pharmaceutical preparations for regenerative medical purposes; pharmaceutical preparations for gene therapy purposes; pharmaceutical preparations for research or scientific purposes being preparations for the treatment of {specify condition treated, e.g., gout}; semen for artificial insemination; cell culture reagents for medical or clinical medical use; serums and reagents for medical research use for the treatment of {specify condition treated}; medical diagnostic reagents and assays for testing of body fluids; Diagnostic preparations for medical purposes; chemical reagents for medical or veterinary purpose; chemicals for medical purposes; chemicals for regenerative medical purposes; chemicals for gene therapy purposes; chemical reagents for medical purposes; chemical reagents for regenerative medical purposes; chemical reagents for gene therapy purposes; chemical agents for medical purposes; chemical agents for regenerative medical purposes; chemical agents for gene therapy purposes; cell growth media for growing biological cells for medical purposes; cell growth media for growing biological cells for regenerative medical purposes; cell growth media for growing biological cells for gene therapy purposes.” in Class 005;

“Medical surgical apparatus and surgical instruments and replacement parts and replacement fittings therefor; medical imaging apparatus being MRI apparatus for medical purposes; medical apparatus and instruments for diagnostic radiopharmaceutical use; medical apparatus and instruments for regenerative medical gene therapy purposes; medical apparatus and instruments used for cell culture and replacement parts and replacement fitting therefor; cell culture apparatus for medical use, namely, cell culture chambers; cell culture apparatus for regenerative medical purposes being cell culture chamgers; cell culture apparatus for gene therapy purposes.” in Class 010;

“Retail store services featuring cells for research or scientific use; retail store services featuring cells for medical use; business consultancy services relating to manufacturing.” in Class 035;

“Custom production and processing of proteins and chemicals for others; custom manufacture of cells for others; custom manufacture of cells for medical purposes for others; custom manufacture of cells for regenerative medical purposes for others; custom manufacture of cells for gene therapy purposes for others; custom manufacture of cells for research or scientific purposes for others; custom manufacture of cell tissues for others; custom processing of cells for others; custom processing of cells for medical purposes for others; custom processing of cells for regenerative medical purposes for others; custom processing of cells for gene therapy purposes for others; custom processing of cells for research or scientific purposes for others; providing information and advices about manufacturing cells; providing information and advices about manufacturing cells for medical purposes; providing information and advices about manufacturing cells for regenerative medical purposes; providing information and advices about manufacturing cells for gene therapy purposes; providing information and advices about manufacturing cells for research or scientific purposes; custom manufacture and processing of chemicals, chemical products and pharmaceuticals for others; custom manufacture and processing of cells for research or scientific use for others; processing of artificial limbs or artificial teeth, including processing of medical materials; production being manufacturing and processing of chemicals, ingredients for pharmaceuticals, and cells for research and scientific purposes; manufacture of bacteriological cultures, buffer solution, and reagents for others; cryogenic preservation.” in Class 040;

“custom research and development for medical purposes for others; custom research and development for regenerative medical purposes for others; custom research and development for gene therapy purposes for others; custom research and development for research or scientific purposes for others; custom cultivation of cells and tissues for others in the nature of new product development; custom cultivation of cells and tissues for medical purposes for others in the nature of new product development; custom cultivation of cells and tissues for regenerative medical purposes for others in the nature of new product development; custom cultivation of cells and tissues for gene therapy purposes for others in the nature of new product development; custom cultivation of cells and tissues for research or scientific purposes for others in the nature of new product development; testing, inspection or research of cells and providing information and consultancy therefor; testing, inspection or research of cells for medical purposes and providing information and consultancy therefor; testing, inspection or research of cells for regenerative medical purposes and providing information and consultancy therefor; testing, inspection or research of cells for gene therapy purposes and providing information and consultancy therefor; testing, inspection or research of cells for research or scientific purposes and providing information and consultancy therefor; research, developments and quality control of cells and consultancy therefor; research, developments and quality control of cells for medical purposes and consultancy therefor; research, developments and quality control of cells for regenerative medical purposes and consultancy therefor; research, developments and quality control of cells for gene therapy purposes and consultancy therefor; research, developments and quality control of cells for research or scientific purposes and consultancy therefor; quality control for others; consultancy services in the field of quality control; consultancy services in the fields of testing, inspection, research or investigation of pharmaceuticals and chemicals; consultancy services about testing, inspection, research or investigation of cells; consultancy services in the fields of testing, inspection, research or investigation of cells for medical purpose; consultancy services in the fields of testing, inspection, research or investigation of cells for regenerative medical purposes; consultancy services in the fields of testing, inspection, research or investigation of cells for gene therapy purposes; consultancy services in the fields of testing, inspection, research or investigation of cells for research or scientific purposes; providing information and consultancy services about testing, inspection or research of pharmaceuticals; providing medical and scientific research information and consultancy services in the fields of testing, inspection or research of pharmaceuticals; custom inspection, analysis, research and development of cells for research or scientific use for others; custom services in the fields of scientific testing, inspection, research or investigation of pharmaceuticals and chemicals; custom inspection, analysis, research, development and design of pharmaceutical agents or pharmaceuticals for others; providing information about inspection, analysis, research, development and design of chemicals, chemical products or proteins; providing medical and scientific research information in the fields of inspection, analysis, research, development and design of chemicals, chemical products or proteins; providing information about inspection, analysis, research, development and design of pharmaceutical agents or pharmaceuticals; providing medical and scientific research information in the fields of inspection, analysis, research, development and design of pharmaceutical agents or pharmaceuticals; research and development in the field of microorganisms and cells; research and development in the field of microorganisms and cells for medical purposes; research and development in the field of microorganisms and cells for regenerative medical purposes; research and development in the field of microorganisms and cells for gene therapy purposes; research and development in the field of microorganisms and cells for research or scientific purposes; conducting clinical trials for others; providing information about clinical trials; providing medical and scientific research information in the field of clinical trials; conducting clinical trials for others in the field of pharmaceuticals; testing, inspection or research of pharmaceuticals, cosmetics or foodstuffs; research on building construction or city planning; testing or research on prevention of pollution; testing or research on electricity; testing or research on civil engineering; testing, inspection or research on agriculture, livestock breeding or fisheries; providing scientific and research information in the field of bioscience via a website; development and design of manufacturing methods and of testing methods; process monitoring for quality assurance.” in Class 042;

“Consultancy services relating to laws and manufacturing regulations; legal consultation services; regulatory compliance consulting in the field of pharmaceuticals and biologies; agencies for legal procedures relating to lawsuits or other legal issues; legal services; Providing information in the field of legal standards in the field of manufacturing; advisory services relating to manufacturing regulatory affairs.” in Class 045.

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See TMEP §1402.07(e). Additionally, for applications 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); and the classification of goods and/or services may not be changed from that assigned by the International Bureau. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Further, in a multiple-class Section 66(a) application, classes may not be added or goods and/or services transferred from one existing class to another. 37 C.F.R. §2.85(d); TMEP §1401.03(d).

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.

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.

/SeanCrowley/

Examining Attorney

Law Office 116

U.S. Patent and Trademark Office

571.272.8851

sean.crowley@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.