Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

FINAL OFFICE ACTION

 

The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned.  Respond using the Trademark Electronic Application System (TEAS) and/or Electronic System for Trademark Trials and Appeals (ESTTA).  A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action. 

 

 

Issue date:  December 14, 2020

 

International Registration No. 1530286

 

INTRODUCTION

 

This Office action is in response to applicant’s communication filed on November 20, 2020.

 

In a previous Office action dated June 12, 2020, applicant was required to satisfy the following requirements:  disclaim descriptive wording in the mark, amend the identification of goods, provide a translation statement, appoint U.S. Counsel, and provide information about the goods.

 

Based on applicant’s response, the trademark examining attorney notes that the following requirements have been satisfied: disclaimer provided, definite amended identification provided, translation statement provided, and U.S. Counsel appointed.  See TMEP §§713.02, 714.04. 

 

The trademark examining attorney maintains and now makes FINAL the requirement in the summary of issues below.  See 37 C.F.R. §2.63(b); TMEP §714.04.

 

SUMMARY OF ISSUES MADE FINAL that applicant must address:

• Request for Information

 

REQUEST FOR INFORMATION

 

Applicant was required to provide additional information regarding the specified goods to enable proper examination of the application. Specifically, applicant was required to provide a written statement explaining whether the goods are manufactured, packaged, shipped from, sold in or have any other connection with the geographic location named in the mark, namely, Corsica. However, applicant did not submit the requested information in applicant’s response.  “The Trademark Rules of Practice have the effect of law and failure to comply with a request for information is grounds for refusal of registration.”  In re Page, 51 USPQ2d 1660, 1665 (TTAB 1999) (citing In re Babies Beat Inc., 13 USPQ2d 1729, 1731 (TTAB 1990)).  Thus, the requirement for additional information is maintained and made final.  37 C.F.R. §§2.61(b), 2.63(b).

 

Under 37 C.F.R. §2.61(b), an examining attorney “may require the applicant to furnish such information and exhibits as may be reasonably necessary to the proper examination of the application.”  Under this rule, an examining attorney may request literature, exhibits, and general information concerning applicant’s goods and/or services, circumstances surrounding applicant’s applied-for mark, and, if applicable, the use or intended use of applicant’s applied-for mark.  See TMEP §814.

 

If an applicant has access to the requested information, the applicant must make this information of record.  In re Planalytics, Inc., 70 USPQ2d 1453, 1457 (TTAB 2004).  If an applicant does not have access to the requested information, the applicant should submit a statement to that effect.  In re Planalytics, Inc., 70 USPQ2d at 1457 n.2.  If the requested information is confidential, or if, applicant prefers, for a valid reason, that such information not appear in the publicly-available application record, the applicant may redact such text or, for confidential information, provide a written explanation or summary.  TMEP §814.

 

RESPONSE

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the requirement in this Office action.  See TMEP §§705.02, 709.06. 

 

The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

How to respond.  Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).

 

 

Smith, Taryn

/Taryn Smith/

Examining Attorney

Law Office 104

571-270-0245

taryn.smith@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on December 14, 2020 for

U.S. Trademark Application Serial No. 79285376

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

Smith, Taryn

/Taryn Smith/

Examining Attorney

Law Office 104

571-270-0245

taryn.smith@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from December 14, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”