Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Owner’s Trademark Registration

OFFICE ACTION

The USPTO must receive the owner’s response to this letter within the time period specified below.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears below.

Issue date:  August 21, 2021

WARNING: Failure to timely respond to this Office action will result in the cancellation of the entire registration. 37 C.F.R. §§2.163(c), 7.39(b).

The response to the outstanding Office action regarding the Combined Section 8 Affidavit or Declaration & Section 9 Renewal Application was timely received on March 30, 2021. After consideration of the response, the refusal to accept the affidavit or declaration is maintained because although the response was otherwise acceptable, the following fees were not submitted.

Fees for Deletions Due

Each time the owner/holder amends its registration to delete goods and/or services, the owner/holder incurs a $250 fee for each class in which goods and/or services are deleted. See 37 C.F.R. §§2.6(a)(12)(ii), 2.161(c), 7.6(a)(6)(iv), 7.37(c). In response to the first Office action, the owner/holder deleted goods and/or services in two class(es), incurring $500 in fees.

If the owner/holder disagrees with the requirement for fees, the owner/holder may submit a Petition to the Director. Otherwise, the owner/holder must submit the required fees or the registration will be cancelled in full.

Detailed information regarding the audit program is provided on the Post Registration Audit Program webpage.

RESPONSE TIME DEADLINE:  A complete response must be received within 6 months from the issuance date of this Office action.  The owner must respond to all inquiries set forth in this Office action to avoid cancellation and/or expiration of the registration.  If a response is not received, and there is no time remaining in the grace period to file a new affidavit, the registration will be cancelled and will expire in its entirety.  37 C.F.R. §§2.163(b)-(c) and 2.184(b); TMEP §§1604.16, 1606.12 and 1606.13(a).

DEFICIENCY SURCHARGE REQUIRED:  The owner must submit a $100 deficiency surcharge with its response to this Office action.  37 C.F.R. §§2.6, 2.164(a)(1) and 2.185(a)(1).

How to respond.  Click to file a Response to Post-Registration Office action. 

Direct questions about this Office action to the Post Registration staff member below.

/Rodney Makel/

Program Analyst

USPTO - Office of Trademark Quality Review & Training

Phone: (571) 272-2250

Email: Rodney.Makel@uspto.gov

RESPONSE GUIDANCE

• Response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS maintenance or unforeseen circumstances could affect an owner’s ability to timely respond.  

• Responses signed by an unauthorized party are not accepted or processed.  If the owner does not have an attorney, the response must be signed by the individual owner, all joint owners, or someone with legal authority to bind a juristic owner.  If the owner 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.