Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER 

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

 

ISSUE/MAILING DATE:

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issues below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

1.  SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 3187580.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the enclosed registration, which has a listed owner of Temasek Holdings (Private) Limited, a private limited company in Singapore (note that applicant is identified as a Singapore corporation).

 

Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely that a potential consumer would be confused or mistaken or deceived as to the source of the goods and/or services of the applicant and registrant.  See 15 U.S.C. §1052(d).  The court in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973) listed the principal factors to be considered when determining whether there is a likelihood of confusion under Section 2(d).  See TMEP §1207.01.  However, not all of the factors are necessarily relevant or of equal weight, and any one factor may be dominant in a given case, depending upon the evidence of record.  In re Majestic Distilling Co., 315 F.3d 1311, 1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont, 476 F.2d at 1361-62, 177 USPQ at 567.

 

In this case, the following factors are the most relevant:  similarity of the marks, similarity of the goods and/or services, and similarity of trade channels of the goods and/or services.  See In re Opus One, Inc., 60 USPQ2d 1812 (TTAB 2001); In re Dakin’s Miniatures Inc., 59 USPQ2d 1593 (TTAB 1999); In re Azteca Rest. Enters., Inc., 50 USPQ2d 1209 (TTAB 1999); TMEP §§1207.01 et seq.

 

Similarity of the Marks

 

In a likelihood of confusion determination, the marks are compared for similarities in their appearance, sound, meaning or connotation and commercial impression.  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).  Similarity in any one of these elements may be sufficient to find a likelihood of confusion.  In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988); In re Lamson Oil Co., 6 USPQ2d 1041, 1043 (TTAB 1987); see TMEP §1207.01(b).

 

Applicant’s mark, TEMASEK ANNUAL REPORT, is highly similar to registrant’s mark, TEMASEK.  The marks both contain the wording TEMASEK, spelled identically, and sharing common sound, appearance, and impression. 

 

Applicant’s mark also contains the additional wording ANNUAL REPORT.  However, the mere addition of a term to a registered mark generally does not obviate the similarity between the marks nor does it overcome a likelihood of confusion under Trademark Act Section 2(d).  See In re Chatam Int’l Inc., 380 F.3d 1340, 71 USPQ2d 1944 (Fed. Cir. 2004) (GASPAR’S ALE and JOSE GASPAR GOLD); Coca-Cola Bottling Co. v. Jos. E. Seagram & Sons, Inc., 526 F.2d 556, 188 USPQ 105 (C.C.P.A. 1975) (BENGAL and BENGAL LANCER); Lilly Pulitzer, Inc. v. Lilli Ann Corp., 376 F.2d 324, 153 USPQ 406 (C.C.P.A. 1967) (THE LILLY and LILLI ANN); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266 (TTAB 2009) (TITAN and VANTAGE TITAN); In re El Torito Rests., Inc., 9 USPQ2d 2002 (TTAB 1988) (MACHO and MACHO COMBOS); In re Corning Glass Works, 229 USPQ 65 (TTAB 1985) (CONFIRM and CONFIRMCELLS); In re U.S. Shoe Corp., 229 USPQ 707 (TTAB 1985) (CAREER IMAGE and CREST CAREER IMAGES); In re Riddle, 225 USPQ 630 (TTAB 1985) (ACCUTUNE and RICHARD PETTY’S ACCU TUNE); TMEP §1207.01(b)(iii).  In this instance, the added wording is merely descriptive in relation to the goods and services (see disclaimer section below), and thus does not sufficiently distinguish applicant’s mark from registrant’s mark.

 

Rather, the common wording TEMASEK raises the likelihood that a consumer may believe applicant’s services to be related to registrant’s services, and merely a different version or from a different division but ultimately from the same source.

 

Similarity and Relatedness of the Goods and Services

 

The goods and/or services of the parties need not be identical or directly competitive to find a likelihood of confusion.  See Safety-Kleen Corp. v. Dresser Indus., Inc., 518 F.2d 1399, 1404, 186 USPQ 476, 480 (C.C.P.A. 1975); TMEP §1207.01(a)(i).  Rather, it is sufficient that the goods and/or services are related in some manner and/or the conditions surrounding their marketing are such that they would be encountered by the same purchasers under circumstances that would give rise to the mistaken belief that the goods and/or services come from a common source.  In re Total Quality Group, Inc., 51 USPQ2d 1474, 1476 (TTAB 1999); TMEP §1207.01(a)(i); see, e.g., On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086-87, 56 USPQ2d 1471, 1475-76 (Fed. Cir. 2000); In re Martin’s Famous Pastry Shoppe, Inc., 748 F.2d 1565, 1566-68, 223 USPQ 1289, 1290 (Fed. Cir. 1984).

 

Applicant describes its goods as electronic publications (downloadable), publications in computer readable form, publications in machine readable form in International Class 009; and printed publications, periodic publications, printed reports, printed matter relating to finance, financial documents, financial newsletters in International Class 016.  Applicant also lists a wide range of financial and real estate related services in International Class 036, audio and video broadcasting services over the Internet or other communications network, namely, uploading, posting, showing, displaying, tagging and electronically transmitting information, audio, and video clips; providing access to databases for information, audio, and video via website, online forums, chat rooms, discussion groups and blogs over the Internet; providing on-line chat rooms and electronic bulletin boards for transmission of messages among users in the field of general interest; providing discussion services on-line; provision of news in relation to telecommunication services in International Class 038; and entertainment; provision of news in relation to education, training, entertainment or sporting and cultural activities; news reporters services; library services provided by means of a computerized database containing information extracted by newspapers; information and advisory services relating to current events; publication of reviews and critiques; publication of electronic books and journals on-line; providing on-line electronic publications (not downloadable); electronic publishing services; web-based publication consisting primarily of periodic articles, news feeds, publication of text, audio, video and graphic works online featuring news, diaries, commentary, photos, poetry, mini-essays, project updates, non-fiction and fiction; preparation of news programmes for broadcasting; weblog or blog services; advisory, information and consultancy services relating to all the aforesaid in International Class 041. 

 

Registrant identifies its services as business management; business administration; professional business consultancy; business management and organization consultancy; business management consultancy; advisory services for business management in International Class 035; financial services, namely financial planning, financial management, financial research, financial consultation; investment services, namely mutual fund investment; mutual funds, namely, mutual fund distribution and establishing mutual funds for others; financial consultancy services; financial management services; fund investments; capital investments in International Class 036; and educational services, namely classes and seminars in the field of financial and business matters; training services in the field of financial and business matters; arranging and conducting of educational conferences, congresses, seminars, symposiums and training workshops in International Class 041. 

 

Applicant and registrant are offering directly overlapping services and closely related financial services in International Class 036.  Applicant’s other goods and services in its other classes are identified broadly, that is, they do not specify their field of use or subject matter.  In a likelihood of confusion analysis, the comparison of the parties’ goods and services is based on the goods and services as they are identified in the application and registration, without limitations or restrictions that are not reflected therein.  Hewlett-Packard Co. v. Packard Press Inc., 281 F.3d 1261, 1267-68, 62 USPQ2d 1001, 1004-05 (Fed. Cir. 2002); In re Dakin’s Miniatures, Inc., 59 USPQ2d 1593, 1595 (TTAB 1999); see TMEP §1207.01(a)(iii). 

 

In cases where, as here, applicant’s goods services are identified in such a broad manner – i.e., no subject matter is included – it is presumed that the application encompasses all goods and services of the type described, including those in or closely related to the registrant’s more specific identification, that the goods and services move in all normal channels of trade, and that they are available to all potential customers.  See In re La Peregrina Ltd., 86 USPQ2d 1645, 1646 (TTAB 2008); In re Jump Designs LLC, 80 USPQ2d 1370, 1374 (TTAB 2006); TMEP §1207.01(a)(iii).

 

For example, applicant does not specify the subject matter of its electronic publications in International Class 009 or its printed publications in International Class 016.  Therefore, these entries are presumed to include publications on any and every subject matter, including publications dealing with business and financial topics such as those offered as services by registrant, or used as course materials for registrant’s educational services.

 

Accordingly, the goods and services travel in the same channels of marketing and distribution and are encountered by consumers in similar circumstances.  Therefore, due to the similarity of the marks, and the similarity and relatedness of the goods and services, there is a likelihood of confusion, and applicant’s mark must be refused registration.

 

Applicant May Respond

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.

 

If the marks in the cited registration has been assigned to applicant, applicant can provide evidence of ownership of the mark by satisfying one of the following:

 

(1)  Record the assignment with the International Bureau and promptly notify the trademark examining attorney that the assignment has been duly recorded;

 

(2)  Submit copies of documents evidencing the chain of title; or

 

(3)  Submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20:  “Applicant is the owner of U.S. Registration No. 3187580.” 

 

TMEP §812.01; see 15 U.S.C. §1141l; 37 C.F.R. §§2.193(e)(1), 3.73, 7.22; TMEP §502.02(b).

 

Merely recording a document with the International Bureau does not constitute a response to an Office action.  See TMEP §503.01(d)

 

 

2.  ENGLISH TRANSLATION REQUIRED

 

Applicant must submit an English translation of all foreign wording in the mark.  37 C.F.R. §2.32(a)(9); see TMEP §809.  In the present case, the wording “TEMASEK” requires translation.

 

The following translation statement is suggested:  “The English translation of TEMASEK in the mark is SEA TOWN.”  TMEP §809.03.  See attached evidence from Wikipedia.org.

 

 

3.  DISCLAIMER REQUIRED

 

Applicant must disclaim the descriptive wording “ANNUAL REPORT” apart from the mark as shown because it merely describes an function, feature, or subject matter of applicant’s goods and services.  See 15 U.S.C. §§1052(e)(1), 1056(a); In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005); In re Gyulay, 820 F.2d 1216, 1217-18, 3 USPQ2d 1009, 1010 (Fed. Cir. 1987); TMEP §§1213, 1213.03(a). 

 

Specifically, the attached evidence from the Encarta World English Dictionary shows this wording refers to “a yearly review of activities,” that is “a document that outlines and analyzes the activities, especially the financial dealings, of a company or other organization over the past year.”  Applicant’s publications in International Classes 009, 016, and 041 will be its annual reports, its International Class 038 services will allow for access through various media of those annual reports, and applicant’s other International Class 036 and International Class 041 services will pertain to information that is compiled for the annual report or results from the annual report.  Therefore, the wording is merely descriptive in relation to the goods and services, and must be disclaimed apart from the mark as shown..

 

A “disclaimer” is a statement that applicant does not claim exclusive rights to an unregistrable component of a mark; it does not affect the appearance of the mark.  TMEP§1213.  An unregistrable component of a mark includes wording and designs that are merely descriptive or generic of the goods and/or services, and is wording or an illustration that others would need to use to describe or show their goods and services in the marketplace.  15 U.S.C. §1052(e); see TMEP §§1209.03(f), 1213.03 et seq.

 

A disclaimer does not physically remove the disclaimed matter from the mark, but rather is a written statement that applicant does not claim exclusive rights to the disclaimed wording and/or design separate and apart from the mark as shown in the drawing.  TMEP §§1213, 1213.10.

 

The following is the standard format used by the Office:

 

No claim is made to the exclusive right to use “ANNUAL REPORT” apart from the mark as shown.

 

TMEP §1213.08(a)(i); see In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).

 

 

4.  IDENTIFICATION OF GOODS AND SERVICES REQUIRES CLARIFICATION

 

The International Class 009 wording “electronic publications (downloadable),” “publications in computer readable form,” and “publications in machine readable form” in the identification of goods is indefinite and must be clarified; the latter two entries could include goods and services in more than one international class.  See TMEP §1402.01.  Therefore, applicant must amend “publications in computer readable form,” and “publications in machine readable form” to clarify whether the publications are downloadable or recorded on computer media such as CDs or DVDs in International Class 009, or are online non-downloadable publications in International Class 41.  In addition, for all three entries, applicant must specify (1) the common name of the type of publication such as brochures, newsletters, magazines, and (2) the subject matter of the publication.

 

All of the entries in International Class 016 in the identification of goods are indefinite, as well, and must be replaced with the common name of the type of publication or printed matter, e.g., pamphlets, brochures, newsletters, journals, magazines, etc.  Applicant must also specify the subject matter or field of use of each group of the publications and printed matter.  TMEP §1402.03(e).

 

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.  If applicant uses indefinite words such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” or “products,” such words must be followed by “namely,” followed by a list of the specific goods identified by their common commercial or generic names.  See TMEP §§1402.01, 1402.03(a).

 

Some entries, such as the wording “financial services” and “investment services” in International Class 036, as well as “entertainment” in International Class 041, is indefinite and must be (1) clarified to specify the common commercial or generic name for the services, or (2) deleted.  See TMEP §§1402.01, 1402.03(a).  This wording constitutes an open-ended “catch-all” word or phrase and is not acceptable because it fails to identify specific services.

 

In the identification of services, applicant must use the common commercial or generic name for the services, be specific and all-inclusive, and avoid using indefinite words or phrases.  TMEP §§1402.01, 1402.03(a). 

 

A number of the other listed services are also indefinite and must be clarified because the wording used in overly broad and does not identify specific services by their generic names.  See TMEP §1402.01.  Applicant must specify the common commercial or generic name for each of the services.  If the services have no common commercial or generic name, applicant must describe the nature of the services as well as their main purpose, channels of trade, and the intended consumer(s). 

 

Please note that the wording “all the foregoing provided in print or on-line from a computer database or the global communications network” has been removed from the end of International Class 036.  Services are not generally provided “in print,”  and the wording conflicts with other entries that specifically indicate that they are “computerized.”  If applicant would like to indicate that particular services in that class are offered online, or that certain entries pertaining to providing information includes information provided in print, applicant may do so.

 

For the non-downloadable publications in International Class 041, applicant must again specify (1) the common name of the type of publication such as brochures, newsletters, magazines, and (2) the subject matter of the publication, as is required for the International Class 009 downloadable publications.

 

The entry “web-based publication consisting primarily of periodic articles, news feeds, publication of text, audio, video and graphic works online featuring news, diaries, commentary, photos, poetry, mini-essays, project updates, non-fiction and fiction” is unclear in that it appears to contain several different entries grouped together (web-based publication, news feed, publication of various media).  If these are separate entries, then they should be separated by semi-colons for clarity.  If they are intended to reflect one entry, i.e., all being part of one web-based publication, then the wording must be amended to better indicate that each grouping is part of the content of the publication, and not a separate service unto itself.

 

The International Class 041 entry “weblog or blog services” is indefinite because it could refer to services in more than one International Class.  See TMEP §1402.01.  Specifically, while blogs featuring a particular subject matter are an International Class 041 service, the service of creating and maintaining blogs for others belongs in International Class 042.  If applicant intended this entry to refer to the International Class 042 services, and applicant retains these services in the application, then applicant must comply with the multiple-class requirements stated elsewhere in this Office action.  See 37 C.F.R. §2.86; TMEP §§1403 et seq.  Alternatively, applicant may amend the application to delete these services.

 

Applicant is encouraged to consult the Identification Manual (see link below) for assistance in identifying and classifying its goods and services.  If applicant finds that its goods and services fall into more than five classes, then applicant must either: (1) follow the instructions below for a multi-class application; or (2) delete all of the goods and/or services except for five classes.

 

In all services classes, applicant must use the common commercial or generic names for the services, be as complete and specific as possible, and avoid the use of indefinite words and phrases.  If applicant uses indefinite words and phrases such as “services in connection with,” “such as,” “including,” “and like services,” “systems,” “products,” “concepts,” or “not limited to,” such wording must be followed by “namely,” and a list of the specific services identified by their common commercial or generic names.  See TMEP §§1402.01, 1402.03(a).

 

Finally, the identification of goods and services contains parentheses.  Generally, parentheses and brackets should not be used in identifications.  Parenthetical information is permitted in identifications only if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity of the identification, e.g., “obi (Japanese sash).”  TMEP §1402.12.  Therefore, applicant must remove the parentheses from the identification of goods and services and incorporate the parenthetical information into the description. 

 

Applicant may adopt the following identification of goods and services, if accurate (suggested amended wording in bold):

 

International Class 009: Downloadable electronic publications, namely, {indicate specific type of publication, e.g., newsletters, journals, books, etc.} in the field of {indicate subject matter, e.g., business and financial matters}; electronic publications in computer readable form, namely, {indicate specific type of publication, e.g., newsletters, journals, books, etc.} in the field of {indicate subject matter} recorded on computer media; electronic publications in machine readable form, namely, {indicate specific type of publication, e.g., newsletters, journals, books, etc.} in the field of {indicate subject matter} recorded on computer media.

 

International Class 016: Printed publications, namely, {specify type of publication, e.g., magazines} in the field of {specify field or subject matter, e.g., business and financial matters}, periodic publications, namely, periodicals in the field of {indicate field or subject matters}, printed reports featuring {indicate subject matter}, printed matter, namely, {specify type of printed matter} relating to the topic of finance, financial documents, namely, {specify type documents, e.g., research reports} featuring {indicate subject matter, e.g., financial studies}, newsletters in the field of financial matters.

 

International Class 036: Financial services, namely, {specify type(s) of services by their generic names, e.g., financial planning and financial research}; investment services, namely, {specify type(s) of services by their generic names, e.g., investment brokerage}; financial consultancy services; financial management services; fund investments; capital investments; mutual funds {specify type of service(s) involving the mutual funds, e.g., investment and brokerage}; financial information; stock exchange quotations; insurance information; financial evaluation for insurance purposes; charitable collections in the nature of fundraising; provision of information relating to the real estate property market in the field of {specify what aspect of the market the information pertains to, e.g.,   real estate listings}; pricing information services, namely, quotation of stock market prices; investment information services; information about stock broking services; provision of information relating to shares prices, and corporate savings account services; provision of information relating to real estate and real property in the field of {specify what aspect of real estate and real property the information pertains to, e.g., evaluation of real property}; computerized financial information relating to commodities and securities; computerized financial services for retail businesses; provision of financial information relating to rates of exchange; real estate property appraisal services; real estate property brokerage services; real estate property consultancy services; real estate property evaluation services; real estate property financing services; real estate property investment services; real estate rental property management services; commercial property investment services; estate trust management services relating to real estate and property; financial services relating to the acquisition and sale of property, namely, {specify services, e.g., real estate note brokerage}; collection of credit sales being credit recovery and collection services; collection of payment being rent; Financial administration of stock exchange trading of shares in financial markets; brokerage of shares; computerized information services relating to share prices; financial management of shares; financial information relating to shares; recording of inter parties transactions in respect of shares being {applicant must better describe these services, which are unclear as written, and reclassify them if necessary}; Financial services, namely, the trading of shares; automated banking services relating to electronic charge card and credit card transactions; computerized information services relating to banking matters; providing information about banking services; provision of financial news.

 

International Class 041: Entertainment in the nature of {specify type of entertainment, e.g., on-going television programs in the field of news}; provision of news in relation to education, training, entertainment or sporting and cultural activities; news reporters services; On-line library services, namely, providing electronic library services by means of a computerized database containing information extracted from newspapers via an on-line computer network; Information and advisory services relating to current events in the nature of providing news reporter services entailing news analysis and news commentary about current events; publication of reviews and critiques; publication of electronic books and journals on-line; providing non-downloadable on-line electronic publications in the nature of {indicate specific nature of publication} in the field of {indicate subject matter of publication}; electronic publishing services, namely, publication of text and graphic works of others on {indicate format, e.g., CD, DVD, on-line} featuring {indicate specific subject matter}; non-downloadable web-based publication in the nature of {specify form of publications, e.g., magazines} consisting primarily of periodic articles; providing news feeds as part of news reporters services; publication of text, audio, video and graphic works online featuring news, diaries, commentary, photos, poetry, mini-essays, project updates, non-fiction and fiction; production of television news programs for broadcasting; On-line journals, namely, weblogs and blogs featuring {indicate field or subject matter}; advisory, information and consultancy services relating to all the aforesaid.

 

International Class 042: Weblog or blog services, namely, creating and maintaining blogs for others.

 

See TMEP §1402.01.

 

Identification Manual Online

 

For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.  See TMEP §1402.04.

 

Additions to Identification Not Permitted

 

An applicant may amend an identification of goods and services only to clarify or limit the goods and services; adding to or broadening the scope of the goods and/or services is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.

 

Multiple – Class Application Requirements

 

For an application with more than one international class, called a “multiple-class application,” an applicant must meet all of the requirements below for those international classes based on an intent to use the mark in commerce under Trademark Act Section 1(b):

 

(1)        LIST GOODS/SERVICES BY INTERNATIONAL CLASS:  Applicant must list the goods and/or services by international class; and

 

(2)        PROVIDE FEES FOR ALL INTERNATIONAL CLASSES:  Applicant must submit an application filing fee for each international class of goods and/or services not covered by the fee(s) already paid (confirm current fee information at http://www.uspto.gov, click on “View Fee Schedule” under the column titled “Trademarks”).

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

Filing Fees

 

The filing fees for adding classes to an application are as follows:

 

(1)  $325 per class, when the fees are submitted with an electronic response filed online at http://www.gov.uspto.report/teas/index.html, via the Trademark Electronic Application System (TEAS); or

 

(2)  $375 per class, when the fees are submitted with a paper response.

 

37 C.F.R. §2.6(a)(1)(i)-(a)(1)(ii); TMEP §§810, 1403.02(c).

 

 

/Lydia M. Belzer/

Trademark Examining Attorney

Law Office 108

571-272-5594

Lydia.Belzer@uspto.gov (informal responses only)

 

 

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.gov.uspto.report/roa/.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov.

 

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 Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/.  Please keep a copy of the complete TARR screen.  If TARR shows no change for more than six months, 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/teas/eTEASpageE.htm.