Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Owner’s Trademark Registration

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:  April 7, 2020

The Section 7 Amendment submitted on February 5, 2020 is not accepted for the reasons set forth below.

The owner has requested that the mark in its registration be amended.  The registration includes the following statement(s):  color claim.  A request to amend a mark in a registration that includes such statements must also include a request to make the necessary amendments to these statements so that they agree with the amended mark.  37 C.F.R. §2.173(f); TMEP §1609.02(d).  No such amendments were submitted with the Section 7. 

Therefore, the owner is required to submit an amendment(s) to delete color claim statement so that they agree with the amended mark.  The owner’s request to amend the mark cannot be accepted until the owner provides the required amendments to the mark statements.

The owner has six months from the issuance date of this letter to respond to all the issues raised in this letter.  In order to expedite the processing of your Section 7 Amendment, the early submission of a response to this letter is encouraged.  If a complete response is not received in the Office within this time period, then the Section 7 Amendment will be considered abandoned.  37 C.F.R. §2.176.  The fee for filing the Section 7 Amendment will not be refunded.

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.

Ma, Macy

/macyma/

Post Registration Trademark Specialist

macy.ma@uspto.gov

571-272-9538

RESPONSE GUIDANCE

• Response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS maintenance or unforeseen circumstances could affect an owner’s ability to timely respond.  

• Responses signed by an unauthorized party are not accepted or processed.  If the owner does not have an attorney, the response must be signed by the individual owner, all joint owners, or someone with legal authority to bind a juristic owner.  If the owner has an attorney, the response must be signed by the attorney.

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.