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.

 

Search Results

 

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).  However, the applicant must address the following requirements.

 

Summary of Issues Applicant Must Address

• Requirement for Disclaimer
• Requirement for Acceptable Identification of Goods and Services (and compliance with multiple-class application requirements)
• Requirement for Additional Information
• Requirement for Signed and Verified Application

 

Disclaimer Required – As to Specified Goods and Services

 

Applicant has applied for registration of the mark RECOVER and design for:

 

Computer software and downloadable computer software for identity theft and fraud protection, in Class 9.

 

Monitoring consumer credit reports; Monitoring consumer credit reports and providing an alert as to any changes therein; Providing credit reporting data maintained by others; credit card registration services; credit card cancellation services for lost or stolen cards; credit card monitoring services for lost or stolen cards; credit management services, namely, assistance with restoring credit damaged by identity theft; providing assistance in the prevention of unwanted telephone calls, namely, registration on "do not call" telephone lists; social media monitoring, namely, monitoring personal use of computer, social media and mobile phone activity of family members for reporting and parental supervision purposes; Assisting in the locating of children for security and safety purposes using a global positioning system; Providing monitoring of pictures posted on social media and online; Providing online dashboard that allows parents to monitor social media and mobile phone activity of family members; Providing translations of mobile phone text message lingo and slang terms using online and on mobile phones; Providing alerts regarding inappropriate, dangerous or suspicious behaviors on social media and mobile phone, in Class 35.

 

Providing identity theft insurance underwritten by others, in Class 36.

 

Providing online secure electronic storage and retrieval of digital content, media and images, namely, passwords, PINs, account numbers, medical records and prescriptions, important documents, emergency contact, digital photographs and diaries for others, in Class 39.

 

Identity theft protection and identity fraud protection services; Identity theft protection and identity fraud protection services, namely, personal information and financial identity monitoring; fraud resolution assistance, namely, providing advice and consultation in the field of identity theft; Identity theft and fraud protection services, namely, internet surveillance of financial and personal information; providing online resources in the field of identity theft protection; providing a secure interactive website concerning notifications of potential fraud and potential identity theft; Fraud detection and prevention services in the nature of arranging secure authentication of personal data in requests to open banking, credit, credit card, insurance, loan, and other financial accounts; monitoring the Internet, public records, private and public electronic databases to facilitate the detection and prevention of identity theft and fraud; Identity theft protection services, namely, analyzing public and personal information and providing a report assessing risk of identity theft; Providing consultation in the field of prevention of unsolicited commercial mail and removal from junk mail lists; Providing a web site featuring non-downloadable videos in the field of identity theft protection and identity fraud protection, in Class 45.

 

This requirement is limited to the goods and services highlighted above.  However, as discussed below in the identification of goods and services requirement, many of the applicant’s services are misclassified or broad enough to include goods and services in other classes, including services in classes not currently included in the application.  Therefore, once the applicant submits a definite and properly classified identification of goods and services, the applicant may be able to restrict the disclaimer to specific classes of goods and services.

 

Applicant must disclaim the descriptive wording “RECOVER” apart from the mark as shown because it merely describes the 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). 

 

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 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 term is merely descriptive under Section 2(e)(1) if it conveys an immediate idea of the ingredients, qualities, or characteristics of the identified goods and/or services.  See In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1422 (Fed. Cir. 2005); In re Dial-A-Mattress Operating Corp., 240 F.3d 1341, 1346, 57 USPQ2d 1807, 1812 (Fed. Cir. 2001).

 

The word “recover” is defined as “To restore (oneself) to a normal state.”  American Heritage® Dictionary of the English Language, http://education.yahoo.com/reference/dictionary/. 

 

The applicant’s services are intended to restore a person’s identity and credit rating to their normal state following a data breach, fraud or identity theft.

 

The applicant is referred to the attached printouts from its website showing the term “recover” used to describe this function of the applicant’s services.

 

Material obtained from applicant’s website is acceptable as competent evidence.  See In re N.V. Organon, 79 USPQ2d 1639, 1642-43 (TTAB 2006); In re Promo Ink, 78 USPQ2d 1301, 1302-03 (TTAB 2006); In re A La Vieille Russie Inc., 60 USPQ2d 1895, 1898 (TTAB 2001); TBMP §1208.03; TMEP §710.01(b).

 

The applicant is also referred to the attached third-party websites that show descriptive usage of the term “RECOVER” for services similar to those the applicant provides.  In particular, the applicant is referred to the following:

 

Recover My Funds Now, About Us, http://recovermyfundsnow.com/index.php?id=about (viewed on Jul-12-2012, 08:52 GMT) (“We are committed to retrieving all upfront fees you paid to fraudulent companies. We have a combined professional experience in credit card fraud of over ten years. . . . If you have been victim of a credit card scam, paid exorbitant fees with no results and have tried endlessly to recover your money through your credit card company or by making complaints to the Better Business Bureau to no avail, then Recover My Funds Now is the right place to turn.”).

LifeLock®, Our Guarantee, http://www.lifelock.com/guarantee/ (viewed on Jul-18-2012, 05:07 GMT) (“Our recovery professionals work closely with you to evaluate your specific situation and provide the support you need to recover quickly.  What we do for you: . . . Respond to Identity Theft.”).

 

Material obtained from the Internet is generally accepted as competent evidence.  See In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-03 (TTAB 2009) (accepting Internet evidence to show relatedness of goods in a likelihood of confusion determination); In re Rodale Inc., 80 USPQ2d 1696, 1700 (TTAB 2006) (accepting Internet evidence to show genericness); In re White, 80 USPQ2d 1654, 1662 (TTAB 2006) (accepting Internet evidence to show false suggestion of a connection); In re Joint-Stock Co. “Baik”, 80 USPQ2d 1305, 1308-09 (TTAB 2006) (accepting Internet evidence to show geographic significance); In re Consol. Specialty Rests. Inc., 71 USPQ2d 1921, 1927-29 (TTAB 2004) (accepting Internet evidence to show geographic location is well-known for particular goods); In re Gregory, 70 USPQ2d 1792, 1793, 1795 (TTAB 2004) (accepting Internet evidence to show surname significance); In re Fitch IBCA Inc., 64 USPQ2d 1058, 1060-61 (TTAB 2002) (accepting Internet evidence to show descriptiveness); TBMP §1208.03; TMEP §710.01(b).

 

Therefore, for the foregoing reasons, the applicant must submit a disclaimer of the term RECOVER.

 

Applicant may submit the following standardized format for a disclaimer:

                       

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

 

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

 

Identification and Classification of Services – As to Specified Services in Classes 35, 39, and 45

 

Applicant’s goods and services are identified as:

 

Computer software and downloadable computer software for identity theft and fraud protection, in Class 9.

 

Monitoring consumer credit reports; Monitoring consumer credit reports and providing an alert as to any changes therein; Providing credit reporting data maintained by others; credit card registration services; credit card cancellation services for lost or stolen cards; credit card monitoring services for lost or stolen cards; credit management services, namely, assistance with restoring credit damaged by identity theft; providing assistance in the prevention of unwanted telephone calls, namely, registration on "do not call" telephone lists; social media monitoring, namely, monitoring personal use of computer, social media and mobile phone activity of family members for reporting and parental supervision purposes; Assisting in the locating of children for security and safety purposes using a global positioning system; Providing monitoring of pictures posted on social media and online; Providing online dashboard that allows parents to monitor social media and mobile phone activity of family members; Providing translations of mobile phone text message lingo and slang terms using online and on mobile phones; Providing alerts regarding inappropriate, dangerous or suspicious behaviors on social media and mobile phone, in Class 35.

 

Providing identity theft insurance underwritten by others, in Class 36.

 

Providing online secure electronic storage and retrieval of digital content, media and images, namely, passwords, PINs, account numbers, medical records and prescriptions, important documents, emergency contact, digital photographs and diaries for others, in Class 39.

 

Identity theft protection and identity fraud protection services; Identity theft protection and identity fraud protection services, namely, personal information and financial identity monitoring; fraud resolution assistance, namely, providing advice and consultation in the field of identity theft; Identity theft and fraud protection services, namely, internet surveillance of financial and personal information; providing online resources in the field of identity theft protection; providing a secure interactive website concerning notifications of potential fraud and potential identity theft; Fraud detection and prevention services in the nature of arranging secure authentication of personal data in requests to open banking, credit, credit card, insurance, loan, and other financial accounts; monitoring the Internet, public records, private and public electronic databases to facilitate the detection and prevention of identity theft and fraud; Identity theft protection services, namely, analyzing public and personal information and providing a report assessing risk of identity theft; Providing consultation in the field of prevention of unsolicited commercial mail and removal from junk mail lists; Providing a web site featuring non-downloadable videos in the field of identity theft protection and identity fraud protection, in Class 45.

 

This requirement is limited to the wording highlighted above in bold.  The applicant’s goods and services in Classes 9 and 36 are definite and properly classified.

 

Class 35

 

The wording “Monitoring consumer credit reports” in the identification of services must be clarified because this wording encompasses services in more than one class.  See TMEP §1402.01.  If the applicant’s monitoring service is intended to provide alerts of any changes, the applicant should delete this wording because the identification already includes monitoring services for this purpose.  If the monitoring is for the purpose of detecting and preventing identity theft and fraud, this must be specified and the services must be reclassified in Class 45.

 

Applicant has classified “Providing credit reporting data maintained by others; credit management services, namely, assistance with restoring credit damaged by identity theft” in International Class 35; however, the proper classification is International Class 36.  Therefore, applicant must either (1) reclassify these services in the proper international class, or (2) delete this wording from the application.  See 37 C.F.R. §§2.86, 6.1; TMEP §§1403 et seq. 

 

The wording “social media monitoring, namely, monitoring personal use of computer, social media and mobile phone activity of family members for reporting and parental supervision purposes” in the identification of services is indefinite and must be clarified because monitoring of computer systems, including social media for technical performance purposes is classified in Class 42, but monitoring of computer systems for safety or security purposes is classified in Class 45.  See TMEP §1402.01.  Although the wording “parental supervision purposes” and “of family members” appears to indicate this service is provided for safety purposes, the wording “reporting purposes” is broad enough to include reporting for technical performance purposes.  The applicant must clarify the purposes of this service and classify the service in the appropriate class.  Because it appears that the “reporting purposes” are related to the safety purpose, no suggestion in Class 42 is provided.  Similarly, the applicant must specify the purpose of its “Providing monitoring of pictures posted on social media and online” services.  This service appears to be for safety purposes, but is broad enough to include monitoring of copyrighted pictures to detect infringement.  Monitoring services for either of these purposes are classified in Class 45.  Additionally, “Providing alerts regarding inappropriate, dangerous or suspicious behaviors on social media and mobile phone,” appears to refer to alerts for safety purposes so this service should also be classified in Class 45.

 

Applicant has classified “Assisting in the locating of children for security and safety purposes using a global positioning system” in International Class 35; however, the proper classification is International Class 45.  Therefore, applicant must either (1) reclassify these services in the proper international class, or (2) delete this wording from the application.  See 37 C.F.R. §§2.86, 6.1; TMEP §§1403 et seq. 

 

The wording “Providing online dashboard that allows parents to monitor social media and mobile phone activity of family members” in the identification of services is indefinite and must be clarified because this wording appears to refer to web-based software.  See TMEP §1402.01. If so, the applicant should clarify this and classify the service in Class 42.

 

The wording “Providing translations of mobile phone text message lingo and slang terms using online and on mobile phones” in the identification of services must be clarified.  See TMEP §1402.01.  Translation services are classified in Class 41; however, the applicant’s service actually appears to be either software or in the nature of an on-line dictionary.  If the applicant is merely provided an on-line electronic dictionary, the applicant must specify this and classify the services in Class 41.  If the applicant is providing a software application that provides this functionality, the applicant must specify this and classify its mobile phone software in Class 9 and its online software in Class 42.

 

Class 39

 

The term “retrieval” in the context “Providing online secure electronic storage and retrieval of digital content, media and images, namely, passwords, PINs, account numbers, medical records and prescriptions, important documents, emergency contact, digital photographs and diaries for others” in the identification of services is indefinite and must be deleted.  See TMEP §1402.01.  This term appears to be intended as an ancillary service to the wording “storage”; however, because “retrieval” is broad enough to include services in other classes, this term must be deleted for the storage services to be properly classified in Class 39.

 

Class 45

 

The wording “fraud resolution assistance, namely, providing advice and consultation in the field of identity theft” in the identification of services is indefinite and must be clarified because advice and consultation in the field of fraud and identity theft protection are classified in Class 45, but fraud resolution advice and consultation is broad enough to include financial services in Class 36.  See TMEP §1402.01.  Therefore, the applicant must clarify the specific service provided and classify the service in the appropriate class.

 

The wording “providing online resources in the field of identity theft protection” in the identification of services is indefinite and must be clarified because the term “resources” could include publications and software that are classified in other classes.  See TMEP §1402.01.  The applicant may amend this term to “information,” if accurate.

 

The wording “Providing consultation in the field of prevention of unsolicited commercial mail and removal from junk mail lists” in the identification of services is must be clarified because it appears intended to refer to removal from mailing lists, a Class 35 service, but as worded appears to include Class 39 mail delivery services.  See TMEP §1402.01.  The applicant may amend this wording to the following in Class 35, if accurate:  Providing consultation in the field of commercial mailing lists, namely, consultation relating to removal from such lists to prevent delivery of junk and unsolicited commercial mail.

 

Applicant has classified “Providing consultation in the field of prevention of unsolicited commercial mail and removal from junk mail lists” in International Class 45; however, the proper classification is International Class 35.  Therefore, applicant must either (1) reclassify these services in the proper international class, or (2) delete the wording “Providing consultation in the field of prevention of unsolicited commercial mail and removal from junk mail lists” from the application.  See 37 C.F.R. §§2.86, 6.1; TMEP §§1403 et seq. 

 

To summarize, applicant may adopt any or all of the following identifications of goods and services, if accurate:

 

Computer software and downloadable computer software for identity theft and fraud protection; mobile phone software that provides translations of text message lingo and slang terms, in Class 9.

 

Monitoring consumer credit reports and providing an alert as to any changes therein; credit card registration services; credit card cancellation services for lost or stolen cards; credit card monitoring services for lost or stolen cards; providing assistance in the prevention of unwanted telephone calls, namely, registration on "do not call" telephone lists; Providing consultation in the field of commercial mailing lists, namely, consultation relating to removal from such lists to prevent delivery of junk and unsolicited commercial mail, in Class 35.

 

Providing identity theft insurance underwritten by others; Providing credit reporting data maintained by others; credit management services, namely, assistance with restoring credit damaged by identity theft; fraud resolution assistance, namely, providing financial advice and consultation in the field of identity theft, namely, providing advice and consultation regarding credit repair and restoration, in Class 36.

 

Providing online secure electronic storage of digital content, media and images, namely, passwords, PINs, account numbers, medical records and prescriptions, important documents, emergency contact, digital photographs and diaries for others, in Class 39.

 

Providing on-line non-downloadable electronic dictionaries featuring slang terms and text message lingo, in Class 41.

 

Providing online, non-downloadable software in the nature of a dashboard that allows parents to monitor social media and mobile phone activity of family members; providing online, non-downloadable software that provides translations of text message lingo and slang terms, in Class 42.

 

Identity theft protection and identity fraud protection services; Identity theft protection and identity fraud protection services, namely, personal information and financial identity monitoring; Identity theft and fraud protection services, namely, internet surveillance of financial and personal information; providing online information in the field of identity theft protection; providing a secure interactive website concerning notifications of potential fraud and potential identity theft; Fraud detection and prevention services in the nature of arranging secure authentication of personal data in requests to open banking, credit, credit card, insurance, loan, and other financial accounts; monitoring the Internet, public records, private and public electronic databases to facilitate the detection and prevention of identity theft and fraud; Identity theft protection services, namely, analyzing public and personal information and providing a report assessing risk of identity theft; Providing a web site featuring non-downloadable videos in the field of identity theft protection and identity fraud protection; Monitoring consumer credit reports to facilitate the detection and prevention of identity theft and fraud; monitoring of computer systems for safety purposes, namely, monitoring personal use of computer, social media and mobile phone activity of family members for parental supervision purposes and providing reports in support thereof; Assisting in the locating of children for security and safety purposes using a global positioning system; Providing monitoring of pictures posted on social media and online for safety purposes; Providing monitoring of pictures posted on social media and online for the purpose of detecting copyright infringement; Providing alerts regarding inappropriate, dangerous or suspicious behaviors on social media and mobile phone, in Class 45.

 

See TMEP §1402.01.

 

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.

 

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.

 

Descriptions of goods and services should use the common, ordinary name for the goods and/or services.  TMEP §1402.01.  If there is no common, ordinary name for the goods and/or services, applicant should describe the goods and/or services using wording that would be generally understood by the average person.  See Schenley Indus., Inc. v. Battistoni, 112 USPQ 485, 486 (Comm’r Pats. 1957); Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ 321, 322 (Comm’r Pats. 1954); TMEP §1402.01.

 

An in depth knowledge of the relevant field should not be necessary for understanding a description of the goods and/or services.  TMEP §1402.01.  “[T]echnical, high-sounding verbiage” should be avoided.  Cal. Spray-Chem., 102 USPQ at 322.

 

Proper classification of goods and services is a purely administrative matter within the sole discretion of the United States Patent and Trademark Office.  In re Tee-Pak, Inc., 164 USPQ 88, 89 (TTAB 1969).

 

Multiple-Class Application Requirements

 

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 GOODS AND/OR SERVICES BY INTERNATIONAL CLASS:  Applicant must list the goods and/or services by international class.

 

(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.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).

 

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

 

(1)  A $325 fee per class, when the fees are submitted with an electronic response filed online at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp, via the Trademark Electronic Application System (TEAS).

 

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

 

37 C.F.R. §2.6(a)(1)(i)-(ii); TMEP §§810, 1403.02(c).  Applicant’s current filing fee is sufficient for five classes.

 

Information Requirement – As to Specified Services Currently Classified in Class 35, 39, and 45

 

This requirement is limited to the following services:

 

social media monitoring, namely, monitoring personal use of computer, social media and mobile phone activity of family members for reporting and parental supervision purposes; Providing monitoring of pictures posted on social media and online; Providing online dashboard that allows parents to monitor social media and mobile phone activity of family members; Providing translations of mobile phone text message lingo and slang terms using online and on mobile phones, in Class 35.

 

Providing online secure electronic retrieval of digital content, media and images, namely, passwords, PINs, account numbers, medical records and prescriptions, important documents, emergency contact, digital photographs and diaries for others, in Class 39.

 

fraud resolution assistance, namely, providing advice and consultation in the field of identity theft; providing online resources in the field of identity theft protection, in Class 45.

 

The nature of the services in connection with which applicant intends to use its mark is not clear from the present record and additional information is required.  An applicant can be required to provide more information if it is necessary for proper examination of the application.  37 C.F.R. §2.61(b); TMEP §§814, 1402.01(e); see In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).

 

Therefore, applicant must submit samples of advertisements or promotional materials for the identified services.  If such materials are not available, applicant must submit samples of advertisements or promotional materials for similar services.  In addition, applicant must describe in detail the nature, purpose and channels of trade of the services.

 

Failure to respond to a request for information can be grounds for refusing registration.  TMEP §814; see In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship LLP, 67 USPQ2d 1699, 1701-02 (TTAB 2003).  Merely stating that information about the goods or services is available on applicant’s website is an inappropriate response to a request for additional information, and is insufficient to make the relevant information of record.  See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).

 

Requirement for Signed and Verified Application

 

The application was not signed and verified, both of which are application requirements.  See 15 U.S.C. §§1051(b), 1126(d)-(e); 37 C.F.R. §§2.33(a), (b)(2), 2.34(a)(2), (a)(3)(i), (a)(4)(ii).  Therefore, applicant must verify the statements specified further below in a signed affidavit or declaration under 37 C.F.R. §2.20.  See 15 U.S.C. §§1051(b)(3), 1126(d)-(e); 37 C.F.R. §§2.33(a), (b)(2), (c), 2.193(e)(1); TMEP §§804.02, 806.01(b)-(d).

 

If applicant responds to this Office action online via the Trademark Electronic Application System (TEAS), applicant may satisfy this requirement by answering “yes” to the TEAS response form wizard question relating to submitting a “signed declaration,” and following the instructions within the form for signing.  See 37 C.F.R. §§2.33(a), (b)(2), (c), 2.193(a), (c)-(d), (e)(1); TMEP §§611.01(c), 804.01(b). 

 

If applicant responds to this Office action on paper, via regular mail, applicant may satisfy this requirement by providing the following statements and declaration at the end of the response, personally signed by a person authorized under 37 C.F.R. §2.193(e)(1) and dated, with the printed or typed name of the signatory appearing immediately below the signature.  See 37 C.F.R. §§2.20, 2.33(a), (b)(2), (c), 2.193(a), (d); TMEP §§611.01(b), 804.01(b).

 

The following persons are properly authorized to sign a verification or declaration on behalf of an applicant:

 

(1)        A person with legal authority to bind the applicant (e.g., a corporate officer or general partner);

 

(2)        A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the applicant; or

 

(3)        An authorized attorney who has an actual written or verbal power of attorney or an implied power of attorney from the applicant.

 

37 C.F.R. §§2.33(a), 2.193(e)(1); TMEP §§611.03(a), 804.04; see 37 C.F.R. §§11.1, 11.14.

 

Response Guidelines

 

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/trademarks/teas/index.jsp.  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/trademarks/teas/e_filing_tips.jsp and email technical questions to TEAS@uspto.gov.

 

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.

 

 

 

 

/Kim Teresa Moninghoff/

Examining Attorney

Law Office 113

Phone: 57-272-4738

Fax: 571-273-9113

Email: kim.moninghoff@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.

 

 

 

STATEMENTS:  The undersigned is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be entitled to use the mark in commerce; applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods and/or services listed in the application as of the application filing date; the facts set forth in the application are true and accurate; and to the best of the undersigned’s knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive.

 

DECLARATION:  The undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or document or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

 

_____________________________

(Signature)

 

_____________________________

(Print or Type Name and Position)

 

_____________________________

(Date)