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: 5/17/2012

 

 

 

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.

 

 

Specifically, applicant must address the following:

 

·                    Section 2(d) refusal;  

·                    Identification / classification requirement; and

·                    Disclaimer.

 

 

 

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. 1892338.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the enclosed registration.

 

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.

 

Taking into account the relevant du Pont factors, a likelihood of confusion determination in this case involves a two-part analysis.  The marks are compared for similarities in their appearance, sound, connotation and commercial impression.  TMEP §§1207.01, 1207.01(b).  The goods and/or services are compared to determine whether they are similar or commercially related or travel in the same trade channels.  See Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002); Han Beauty, Inc. v. Alberto-Culver Co., 236 F.3d 1333, 1336, 57 USPQ2d 1557, 1559 (Fed. Cir. 2001); TMEP §§1207.01, 1207.01(a)(vi).

 

            Comparing 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).

 

The question is not whether people will confuse the marks, but whether the marks will confuse people into believing that the goods and/or services they identify come from the same source.  In re West Point-Pepperell, Inc., 468 F.2d 200, 201, 175 USPQ 558, 558-59 (C.C.P.A. 1972); TMEP §1207.01(b).  For that reason, the test of likelihood of confusion is not whether the marks can be distinguished when subjected to a side-by-side comparison.  The question is whether the marks create the same overall impression.  See Recot, Inc. v. M.C. Becton, 214 F.2d 1322, 1329-30, 54 USPQ2d 1894, 1899 (Fed. Cir. 2000); Visual Info. Inst., Inc. v. Vicon Indus. Inc., 209 USPQ 179, 189 (TTAB 1980).  The focus is on the recollection of the average purchaser who normally retains a general rather than specific impression of trademarks.  Chemetron Corp. v. Morris Coupling & Clamp Co., 203 USPQ 537, 540-41 (TTAB 1979); Sealed Air Corp. v. Scott Paper Co., 190 USPQ 106, 108 (TTAB 1975); TMEP §1207.01(b).

 

 

The marks are compared in their entireties under a Trademark Act Section 2(d) analysis.  See TMEP §1207.01(b).  Nevertheless, one feature of a mark may be recognized as more significant in creating a commercial impression.  Greater weight is given to that dominant feature in determining whether there is a likelihood of confusion.  In re Nat’l Data Corp., 753 F.2d 1056, 224 USPQ 749 (Fed. Cir. 1985); Tektronix, Inc. v. Daktronics, Inc., 534 F.2d 915, 189 USPQ 693 (C.C.P.A. 1976); In re J.M. Originals Inc., 6 USPQ2d 1393 (TTAB 1987); see TMEP §1207.01(b)(viii), (c)(ii).

 

For a composite mark containing both words and a design, the word portion may be more likely to be impressed upon a purchaser’s memory and to be used when requesting the goods and/or services.  In re Dakin’s Miniatures, Inc., 59 USPQ2d 1593, 1596 (TTAB 1999); TMEP §1207.01(c)(ii); see In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908, 1911 (Fed. Cir. 2012) (citing CBS Inc. v. Morrow, 708 F. 2d 1579, 1581-82, 218 USPQ 198, 200 (Fed. Cir 1983)).  Thus, although such marks must be compared in their entireties, the word portion is often considered the dominant feature and is accorded greater weight in determining whether marks are confusingly similar, even where the word portion has been disclaimed.  In re Viterra Inc., 671 F.3d at 1366, 101 USPQ2d at 1911 (Fed. Cir. 2012) (citing Giant Food, Inc. v. Nation’s Foodservice, Inc., 710 F.2d 1565, 1570-71, 218 USPQ2d 390, 395 (Fed. Cir. 1983)). 

 

 

 

 

Marks may be confusingly similar in appearance where there are similar terms or phrases or similar parts of terms or phrases appearing in both applicant’s and registrant’s mark.  See Crocker Nat’l Bank v. Canadian Imperial Bank of Commerce, 228 USPQ 689 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n, 811 F.2d 1490, 1 USPQ2d 1813 (Fed. Cir. 1987) (COMMCASH and COMMUNICASH); In re Phillips-Van Heusen Corp., 228 USPQ 949 (TTAB 1986) (21 CLUB and “21” CLUB (stylized)); In re Corning Glass Works, 229 USPQ 65 (TTAB 1985) (CONFIRM and CONFIRMCELLS); In re Collegian Sportswear Inc., 224 USPQ 174 (TTAB 1984) (COLLEGIAN OF CALIFORNIA and COLLEGIENNE); In re Pellerin Milnor Corp., 221 USPQ 558 (TTAB 1983) (MILTRON and MILLTRONICS); In re BASF A.G., 189 USPQ 424 (TTAB 1975) (LUTEXAL and LUTEX); TMEP §1207.01(b)(ii)-(iii).

 

Here, the literal portion of applicant’s mark is “HOMEWARD LENDING”.  Registrant’s mark is “ZERO-DOWN HOMEWARD BOUND” with a disclaimer of “ZERO-DOWN”.  The marks are similar because they both contain the dominant term “HOMEWARD”. 

 

Applicant’s mark deletes the wording “ZERO-DOWN” (which, as disclaimed matter, is less significant or dominant in creating a commercial impression.  See In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); TMEP §1207.01(b)(viii), (c)(ii)) and “BOUND” from the registrant’s mark. 

 

The mere deletion of wording from a registered mark may not be sufficient to overcome a likelihood of confusion.  See In re Mighty Leaf Tea, 601 F.3d 1342, 94 USPQ2d 1257 (Fed. Cir. 2010); In re Optica Int’l, 196 USPQ 775, 778 (TTAB 1977); TMEP §1207.01(b)(ii)-(iii).  Applicant’s mark does not create a distinct commercial impression because it contains the same common wording as registrant’s mark, and there is no other non-descriptive wording to distinguish it from registrant’s mark.

 

Applicant’s addition of the descriptive term “LENDING” and the design element does not obviate the similarities between the marks.  Descriptive or generic matter is typically less significant or less dominant in relation to other wording in a mark.  See In re Chatam Int’l Inc., 380 F.3d 1340, 1342-43, 71 USPQ2d 1944, 1946 (Fed. Cir. 2004); In re Binion, 93 USPQ2d 1531, 1534 (TTAB 2009).  Likewise, designs are generally much less important in creating a memorable commercial impression than wording.   In re Dakin’s Miniatures, Inc., 59 USPQ2d 1593, 1596 (TTAB 1999); TMEP §1207.01(c)(ii); see In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908, 1911 (Fed. Cir. 2012) (citing CBS Inc. v. Morrow, 708 F. 2d 1579, 1581-82, 218 USPQ 198, 200 (Fed. Cir 1983)). 

 

Consumers are likely to assume that “HOMEWARD” marks emanate from a single source as this term is the only non-descriptive portion of applicant’s mark.  The registrant’s mark contains two terms that are non-descriptive, “HOMEWARD” and “BOUND”.  Attached definitional evidence shows that “BOUND” means “on the way to,” and accordingly, gives the meaning to registrant’s mark that indicates being on the way “HOMEWARD”.  Accordingly, “HOMEWARD” is the dominant feature of registrant’s mark.  As both marks have the same word as the dominant feature, the commercial impression of the marks is that they originate from the same or related sources. 

 

 

 

 

 

Thus, a comparison of the marks shows that they are similar.

 

            Comparing the 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, they need only be related in some manner, 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).

 

Any goods or services in the registrant’s normal fields of expansion should be considered when determining whether the registrant’s goods and/or services are related to the applicant’s goods and/or services.  TMEP §1207.01(a)(v); see In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581 1584 (TTAB 2007).  Evidence that third parties offer the goods and/or services of both the registrant and applicant suggest that it is likely that the registrant would expand its business to include applicant’s goods and/or services.  In that event, customers are likely to believe the goods and/or services at issue come from or, are in some way connected with, the same source.  In re 1st USA Realty Prof’ls, 84 USPQ2d at 1584 n.4; see TMEP §1207.01(a)(v).

 

A determination of whether there is a likelihood of confusion is made solely on the basis of the goods and/or services identified in the application and registration, without limitations or restrictions that are not reflected therein.  In re Dakin’s Miniatures, Inc., 59 USPQ2d 1593, 1595 (TTAB 1999); TMEP §1207.01(a)(iii).  If the cited registration describes the goods and/or services broadly and there are no limitations as to their nature, type, channels of trade or classes of purchasers, then it is presumed that the registration encompasses all goods and/or services of the type described, that they move in all normal channels of trade, and that they are available to all potential customers.  In re Linkvest S.A., 24 USPQ2d 1716, 1716 (TTAB 1992); In re Elbaum, 211 USPQ 639, 640 (TTAB 1981); TMEP §1207.01(a)(iii).

 

Here, applicant’s identification of services lists:

 

International Class 035:  Matching borrowers with potential lenders in the field of consumer and mortgage lending.

 

International Class 036:  Mortgage banking services, namely, servicing, sub-servicing and special servicing of mortgage loans; financial services related to mortgages and home loans for home owners and loan investors; mortgage lending services; origination, acquisition, securitization and brokerage of mortgage loans; consumer lending services; financial services in the field of lending money; real estate lending services; mortgage banking services, namely, residential mortgage lending and the purchase and sale of residential mortgage loans and related assets; mortgage brokerage; providing home purchase loans; mortgage foreclosure services; mortgage debt management; services related to real estate owned properties (REO), mortgage settlement services, appraisal and valuation services and trustee services; Internet-based mortgage banking services; providing an Internet web portal for servicing mortgage loans and for investors; mortgage refinancing; providing information related to and connecting consumers with insurance service providers, including home warranty programs, accidental death insurance and disaster insurance; home retention assistance; consulting services related to mortgages and mortgage servicing; management of loan portfolios for investors.

 

 

Registrant’s identification of services lists “banking services” in International Class 036. 

 

 

 

Attached Internet evidence shows that “banking services” encompass money lending, mortgage services, insurance services, and many other related services.  The applicant’s services specifically include banking services.  Thus, the services of the parties clearly overlap.  Accordingly, applicant’s services are highly related to registrant’s services.

 

In sum, for the reasons stated above, registration is refused because of a likelihood of confusion with the registered mark. 

 

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

 

Applicant must respond to the requirement set forth below.

 

Requirement – Identification and Classification

All identifications must be precise and identify the services with particularity using common or commercial names for the services.  TMEP §1402.01. 

            Current Identification

 

Applicant’s current identification reads (applicant should note that the wording requiring amendment, as discussed further below, has been highlighted in bold font):

 

International Class 035:  Matching borrowers with potential lenders in the field of consumer and mortgage lending.

 

International Class 036:  Mortgage banking services, namely, servicing, sub-servicing and special servicing of mortgage loans; financial services related to mortgages and home loans for home owners and loan investors; mortgage lending services; origination, acquisition, securitization and brokerage of mortgage loans; consumer lending services; financial services in the field of lending money; real estate lending services; mortgage banking services, namely, residential mortgage lending and the purchase and sale of residential mortgage loans and related assets; mortgage brokerage; providing home purchase loans; mortgage foreclosure services; mortgage debt management; services related to real estate owned properties (REO), mortgage settlement services, appraisal and valuation services and trustee services; Internet-based mortgage banking services; providing an Internet web portal for servicing mortgage loans and for investors; mortgage refinancing; providing information related to and connecting consumers with insurance service providers, including home warranty programs, accidental death insurance and disaster insurance; home retention assistance; consulting services related to mortgages and mortgage servicing; management of loan portfolios for investors.

 

The identification is unacceptable as presently worded because certain services are worded indefinitely, need clarification and/or have been misclassified. In the identification, applicant must use the common commercial or generic names for the services, be all-inclusive, as complete and specific as possible, and avoid the use of indefinite words and phrases.  If applicant chooses to use indefinite terms, then such terms must be followed by the word "namely" and a list of the specific services identified by their common commercial or generic names.  TMEP §§1402.01 and 1402.03(a).

 

Specifically:

 

·                    financial services related to mortgages and home loans for home owners and loan investors is indefinite because applicant must clearly state what the nature of the financial services are with particularity, not what they are “related” to.  Also, what are “loan investors”?  Are these consumers of loans? 

 

·                    financial services in the field of lending money is indefinite because “financial services” is overly broad even if the field is indicated.  It can include many services that are not specified.

 

·                    services related to real estate owned properties (REO), mortgage settlement services, appraisal and valuation services and trustee services is indefinite because applicant must specify with particularity the specific services provided, not just indicate what these services “relate” to.

 

·                    providing an Internet web portal for servicing mortgage loans and for investors is indefinite and possibly misclassified.  Are these services in the nature of providing temporary use of online software that enables a particular technology?  Is the primary service that of offering mortgage loan servicing wherein the services are offered online? 

 

·                    providing information related to and connecting consumers with insurance service providers, including home warranty programs, accidental death insurance and disaster insurance is indefinite because the “connecting consumers” portion of this entry seems to indicate a referral service that must be classified in International Class 035.

 

·                    home retention assistance is indefinite as it is entirely unclear what the nature of these services is.  Is this a legal service?  Is this a monetary lending service?  A job training service?  How, exactly, are the services related to home retention? 

 

·                    management of loan portfolios for investors is indefinite and possibly misclassified.  Financial records management services belong in International Class 035.

 

            Suggested Amendment

 

Applicant may adopt the following identification, if accurate (applicant should note that the suggested amended language appears in bold font, and that the applicant must supply the requisite information detailed within the brackets {}):  

 

International Class 035:  Matching borrowers with potential lenders in the field of consumer and mortgage lending; referral services, namely, connecting consumers with insurance service providers; financial records management.

 

International Class 036:  Mortgage banking services, namely, servicing, sub-servicing and special servicing of mortgage loans; financial services, namely,  providing mortgages and home loans for home owners; mortgage lending services; origination, acquisition, securitization and brokerage of mortgage loans; consumer lending services; financial services, namely, lending money; real estate lending services; mortgage banking services, namely, residential mortgage lending and the purchase and sale of residential mortgage loans and related assets; mortgage brokerage; providing home purchase loans; mortgage foreclosure services; mortgage debt management; services related to real estate owned properties (REO), namely, mortgage settlement services, real estate appraisal and valuation services, and trustee services; Internet-based mortgage banking services; servicing mortgage loans online; mortgage refinancing; insurance information, including home warranty programs, accidental death insurance and disaster insurance; home retention assistance; consulting services related to mortgages and mortgage servicing.

 

            Limitation on Amendments

 

While an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. Section 2.71(a); TMEP §1402.06.   Trademark Rule 2.71(a), 37 C.F.R. §2.71(a), restricts amendments to the identification of goods or services as follows, “The applicant may amend the application to clarify or limit, but not to broaden, the identification of goods and/or services.”  This rule applies to all applications.

 

Therefore, the applicant may not amend to include any goods or services that are not within the scope of goods or service set forth in the present identification.

 

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

 

 

            Adding Classes

 

For an application with more than one international class, called a “multiple-class application,” an applicant must meet all 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 SERVICES BY INTERNATIONAL CLASS:  Applicant must list the services by international class.

 

(2)        PROVIDE FEES FOR ALL INTERNATIONAL CLASSES:  Applicant must submit an application filing fee for each international class of services not covered by the fee(s) already paid (confirm current fee information at http://www.gov.uspto.report/trademarks/tm_fee_info.jsp).

 

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).

 

 

Requirement - Disclaimer

 

Applicant must disclaim the descriptive wording “LENDING” apart from the mark as shown because it merely describes a feature or purpose of applicant’s 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, applicant’s services specifically indicate that they include lending services, and include the following:

 

*          Matching borrowers with potential lenders in the field of consumer and mortgage lending;

*          Mortgage lending services;

*          Consumer lending services;

*          Financial services in the field of lending money;

*          Real estate lending services; and

*          mortgage banking services, namely, residential mortgage lending and the purchase and sale of residential mortgage loans and related assets.

 

Thus, it is clear that “LENDING” is a substantial feature of the services offered by the applicant.  Accordingly, applicant must disclaim this term. 

 

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 “LENDING” apart from the mark as shown.

 

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

 

If applicant does not provide the required disclaimer, the USPTO can refuse to register the entire mark.  TMEP §1213.01(b).

 

 

 

 

 

 

Response Guidelines

 

Applicant should include the following information on all correspondence with the Office:  (1) the name and law office number of the trademark examining attorney, (2) the serial number and filing date of the application, (3) the date of issuance of this Office action, (4) applicant’s name, address, telephone number and e-mail address (if applicable), and (5) the mark.  37 C.F.R. §2.194(b)(1); TMEP §302.03(a).

 

Applicant should also set forth a current business address in its response.  37 C.F.R. §2.32(a)(4); TMEP §803.05.

 

If applicant has questions about the application or this Office action, please contact the assigned trademark examining attorney at the telephone number below. 

 

To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/teas/index.html.  If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/teas/eFilingTips.htm and email technical questions to TEAS@uspto.gov.

 

 

 

/Andrea R. Hack/

Andrea R. Hack

Trademark Examining Attorney

Law Office 108

Ph: 571.272.5413

Fax: 571.273.5413

Andrea.Hack@uspto.gov

 

 

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 5/17/2012 FOR

SERIAL NO. 85536481

 

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 5/17/2012 (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.