Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

INTENT-TO-USE OFFICE ACTION

ISSUE/MAILING DATE: 2/27/2015

U.S. Serial Number  85601596

The document filed on December 29, 2014 requests an amendment to the applicant’s name and entity.  The only amendments permitted in the time period between issuance of the notice of allowance and the submission of the statement of use are amendments to delete goods and/or services, amendments to delete a basis in a multiple-basis application, and amendments to change attorneys or change addresses.  37 C.F.R. §2.77(a)(1)-(3).  Therefore, the document will not be acted upon by the trademark examining attorney until a statement of use meeting the minimum filing requirements is submitted.  37 C.F.R. §2.77(b); TMEP §1107. 

To ensure that any amendments in this document are timely reviewed by the examining attorney, applicant is encouraged to resubmit this document at the time the statement of use is filed.

Applicant may petition the Director to request that the amendment be reviewed by the trademark examining attorney prior to the filing of the statement of use.  37 C.F.R. §2.146; TMEP §1107.  The fee for a petition to the Director is $100.  37 C.F.R. §2.6.  Please contact the Petitions Office at 571-272-8950 for information regarding such petitions.

Please call the undersigned with any questions.

/Tracy Welch/

Tracy Welch

Paralegal Specialist

Office of Trademark Services

ITU/Divisional Unit

571-272-9631 work

571-273-9631 fax

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) Response to Intent-to-Use (ITU)/Divisional Unit Office action form number 8 at 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.

WHO MUST SIGN THE RESPONSE:  It must be personally signed by (1) an individual applicant; (2) someone with legal authority to bind applicant (i.e., a corporate officer, a general partner, all joint applicants); or (3) an authorized attorney, if one is appointed to represent applicant.  If an applicant is represented by an attorney, the attorney must sign the response.

TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $50 per international class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone without incurring this additional fee. 

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 Status and Document Retrieval (TSDR) at http://tsdr.gov.uspto.report/.  Please keep a copy of the complete status screen.  If TSDR 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/trademarks/teas/correspondence.jsp.

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED ITU STAFF MEMBER IDENTIFIED ABOVE.