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: 8/29/2012

 

 

 

This application has been revived.  Prior to the abandonment of the application, an Office action had issued on 10/17/11.  Applicant is granted six months from the issue/mailing date identified above to respond to the requirement(s) and/or refusal(s) in the outstanding Office action.  See TMEP §1714.01(a)(i).

 

The applicant submitted arguments in support of registration in Class 9.  These arguments are unpersuasive, as the marks utilize the same term “ENVY,” and are used on highly similar goods.  This is not a final refusal, and applicant is again directed to properly identify and classify the goods listed in Class 28 – which are classified in five different classes.  If applicant continues to proceed with Class 9, a full consideration will be given at that point, and a partial final refusal may be issued.

 

For more information about the requirement(s) and/or refusal(s) in the outstanding Office action, view and/or download a copy of the 10/17/11 Office action as follows:

 

(1)  Go to the Trademark Status and Document Retrieval (TSDR) database at http://tsdr.gov.uspto.report/.

 

(2)  Select “US Serial No” from the drop-down menu box and enter the serial number of this application.

 

(3)  Click on “Documents” to view the list of documents filed and/or issued in this application.

 

(4)  Click on the document titled “Offc Action Outgoing” with a “Create/Mail Date” of 10/17/11 to view the Office action.

 

(5)  Click on the “Download PDF” button in the top right corner of the screen to download or print the Office action. 

 

If applicant is unable to view the Office action after following the above instructions, please e-mail TSDR@uspto.gov for further assistance.

 

 

 

/Susan Leslie DuBois/

Susan Leslie DuBois

Examining Attorney

Law Office 111

susan.dubois@uspto.gov

571-272-9154

 

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 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 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.

 

 

 

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION HAS ISSUED ON 8/29/2012 FOR

SERIAL NO. 85359578

 

Please follow the instructions below to continue the prosecution of your application:

 

 

TO READ OFFICE ACTION: Click on this link or go to http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this e-mail notification.

 

RESPONSE IS REQUIRED: You should carefully review the Office action to determine (1) how to respond; and (2) the applicable response time period. Your response deadline will be calculated from 8/29/2012 (or sooner if specified in the office action).

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System Response Form.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

 

Failure to file the required response by the applicable deadline will result in the ABANDONMENT of your application.