To: | Accelerated Intelligence Inc. (darkzess@gmail.com) |
Subject: | U.S. Trademark Registration No. 4137994 - EXCELEROL - N/A |
Sent: | 09/04/21 04:13:06 PM |
Sent As: | prg@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Owner’s Trademark Registration
U.S. Registration No. 4137994
Mark: EXCELEROL
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Correspondence Address: |
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Owner: Accelerated Intelligence Inc.
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Reference/Docket No. N/A
Correspondence Email Address: |
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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: September 4, 2021
The Combined Section 8 Affidavit & Section 9 Renewal Application was received on May 8, 2021. The Section 9 portion of the combined filing can be granted. However, the Section 8 portion is not accepted for the reason(s) set forth below.
Owner/holder must provide owner’s/holder’s domicile address. All post registration filings must include the owner’s/holder’s domicile address, and domicile dictates whether an owner/holder is required to have an attorney who is an active member in good standing of the bar of the highest court of a U.S. state or territory represent the owner/holder at the USPTO. See 37 C.F.R. §§2.2(o)-(p), 2.11(a), 2.189; Requirement of U.S.-Licensed Attorney for Foreign-Domiciled Trademark Applicants & Registrants, Examination Guide 4-19, at I.A. (Rev. Sept. 2019).
An individual owner’s/holder’s domicile is the place a person resides and intends to be the person’s principal home. See 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. A juristic entity owner’s/holder’s domicile is the principal place of business, i.e., headquarters, where a juristic entity’s senior executives or officers ordinarily direct and control the entity’s activities. 37 C.F.R. §2.2(p); Examination Guide 4-19, at I.A. An owner/holder whose domicile is located outside of the United States or its territories is foreign-domiciled and must be represented at the USPTO by a U.S.-licensed attorney qualified to practice before the USPTO under 37 C.F.R. §11.14. 37 C.F.R. §2.11(a).
The post registration filing lists the owner/holder as a Corporation and specifies the owner’s/holder’s domicile as a post office box or mail forwarding service instead of a street address, “c/o” or in “care of” another party’s address, or an address that is not a street address. In most cases, a post office box, a mail forwarding service, an address that is listed as “c/o” or in “care of” another party’s address , or an address that is not a street address is not acceptable as a domicile address because it does not identify the location of the place the owner/holder resides and intends to be the owner’s/holder’s principal home/the owner’s/holder’s headquarters where the entity’s senior executives or officers ordinarily direct and control the entity’s activities. See37 C.F.R. §§2.2(o)-(p), 2.189; Examination Guide 4-19, at I.A.3. Thus, the owner/holder must provide its domicile street address. See 37 C.F.R. §2.189. Alternatively, an owner/holder may demonstrate that the listed address is, in fact, the owner’s/holder’s domicile. Examination Guide 4-19, at I.A.3.
If the owner/holder wants to hide its domicile address from public view because of privacy or other concerns, the owner/holder must have a mailing address that can be made public and differs from its domicile address. In this case, the owner/holder must follow the steps below in the correct order to ensure the domicile address will be hidden.
In the Response to Post-Registration Office Action form:
(1) Answer “Yes” to the wizard question asking, “Do you need to update the owner’s/holder’s mailing address, email address, phone or fax number?” and click “Continue;”
(2) On the “Owner Information” page, if the previously provided mailing address has changed, the owner/holder must enter its new mailing address in the “Mailing Address” field, which will be publicly viewable;
(3) On the “Owner Information” page, uncheck the box next to “Domicile Address” and enter the new domicile address in the text box immediately below the checkbox.
If the owner/holder amends the post registration filing to list a domicile street address located outside of the United States or its territories, the owner/holder is foreign-domiciled and must appoint a U.S.-licensed attorney qualified to practice before the USPTO under 37 C.F.R. §11.14 as its representative before the post registration filing may be accepted and/or acknowledged, or granted. See Hiring a U.S.-licensed trademark attorney for more information. If the owner’s/holder’s domicile street address is located within the United States or its territories, the owner/holder is not required to appoint a U.S.-licensed attorney.
To appoint a U.S.-licensed attorney. To appoint an attorney, the owner/holder should submit a completed Trademark Electronic Application System (TEAS) Change Address or Representation (CAR) form. The newly-appointed attorney must submit a TEAS Response to Post-Registration Office action form indicating that an appointment of attorney has been made and address all other refusals or requirements in this action, if any.
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.
/Whitsey, Tamika/
Trademark Specialist
571-272-4321
RESPONSE GUIDANCE