Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT OWNER’S TRADEMARK REGISTRATION

CLICK ON THE LINK BELOW TO RESPOND TO THIS LETTER AND SELECT FORM NUMBER 11:

 http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp

POST REGISTRATION OFFICE ACTION

ISSUE/MAILING DATE: 4/28/2018

U.S. Registration Number:  4172702

The Sections 8 & 15 Combined Affidavit was received on April 18, 2018.  The Section 8 portion of the Combined Affidavit is accepted.  However, the Office cannot acknowledge the Section 15 portion for the reason(s) set forth below.

I.                PENDING PROCEEDING:

The Section 15 Affidavit cannot be acknowledged because there is a pending proceeding before the Trademark Trial and Appeal Board involving ownership of the subject registered mark.

A Section 15 Affidavit must include a verified statement by the registrant that there is no proceeding pending in the United States Patent and Trademark Office or in a court involving the registrant’s rights to the mark nor a final decision adverse to the registrant’s claim of ownership and use of the mark.  37 C.F.R. §§2.167(d) and (e); TMEP §1605.04.  The pending proceeding contradicts this claim.

All issues raised in this Office action may be resolved by telephone.  Please call the undersigned paralegal to resolve the issues in this Office action and expedite the processing of the Section 15 Affidavit.

/Thompkins, Lisa/

Trademark Specialist

Post Registration Unit

571-272-9555 Office

571-273-9555 Fax

Lisa.thompkins@uspto.gov E-mail

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form number 11 at http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration.  For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned specialist.  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 registration will be placed in the official registration record.

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual owner or someone with legal authority to bind an owner (i.e., a corporate officer, a general partner, all joint owners). If an owner is represented by an attorney, the attorney must sign the response.

CHECK THE STATUS OF THE REGISTRATION:  To check the status of your registration at any time, visit the Office’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen.  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.