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: 2/21/2013

 

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

 

No Conflicting Marks Noted

 

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).

 

 

Disclaimer Required

 

Applicant must disclaim the descriptive wording “CLOUD IT” apart from the mark as shown because it merely describes an ingredient, quality, characteristic, function, feature, purpose or use of applicant’s goods and/or 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, the attached dictionary evidence shows that definitions of the wording CLOUD include:

 

cloud

A communications network or a network combined with a computing infrastructure. A "cloud" may refer to any wide area network (WAN) or local area network (LAN). However, "cloud computing" generally refers to services offered on the Internet.

 

See http://encyclopedia2.thefreedictionary.com/cloud.  This wording describes a feature of the applicant’s services, namely services provided on the Internet.

 

The attached dictionary evidence also shows that definitions of the wording IT include:

 

(Information Technology) Processing information by computer, which encompasses "information management" and "computer science."

 

See http://encyclopedia2.thefreedictionary.com/it.  The word IT merely describes the type of services provided.

 

The following is the standard format used by the Office:

 

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

 

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

 

Explanation of Effect of Disclaimer

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.

 

The Office can require an applicant to disclaim exclusive rights to an unregistrable part of a mark, rather than refuse registration of the entire mark.  Trademark Act Section 6(a), 15 U.S.C. §1056(a).  Under Trademark Act Section 2(e), 15 U.S.C. §1052(e), the Office can refuse registration of the entire mark where it is determined that the entire mark is merely descriptive, deceptively misdescriptive, or primarily geographically descriptive of the goods.  Thus, the Office may require the disclaimer of a portion of a mark which, when used in connection with the goods or services, is merely descriptive, deceptively misdescriptive, primarily geographically descriptive, or otherwise unregistrable (e.g., generic).  TMEP §1213.03(a).  If an applicant does not comply with a disclaimer requirement, the Office may refuse registration of the entire mark.  TMEP §1213.01(b).

 

 

Identification of Goods

 

The identification of goods is indefinite and must be clarified.  See TMEP §1402.01.  Applicant must specify the common commercial or generic name for the goods.  If there is no common commercial or generic name, applicant must describe the product and intended consumer as well as its main purpose and intended uses. 

 

The identification of goods and/or services contains parentheses.  Generally, parentheses and brackets should not be used in identifications.  Parenthetical information is permitted in identifications only if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity of the identification, e.g., “obi (Japanese sash).”  TMEP §1402.12. 

 

Therefore, applicant must remove the parentheses from the identification of goods and/or services and incorporate the parenthetical information into the description. 

 

 

The identification is indefinite and must be clarified because it includes the open-ended wording “including.”  See TMEP §§1402.01, 1402.03(a).  The identification must be specific and all-inclusive.  Therefore, this wording should be deleted and replaced with “namely.” 

 

Applicant may amend the identification to list only those services that are within the scope of the services set forth in the application or a previously accepted amendment to the identification.  See 37 C.F.R. §2.71(a); TMEP §§1402.06 et seq., 1402.07.  

 

Applicant may adopt the following identification, if accurate:

 

IC 002: ARTISTS' MATERIALS, NAMELY, PAINT FOR ARTIST;

 

IC 009: Automated banking machines NAMELY AUTOMATED TELLER MACHINES; automated cash machines, NAMELY, CASH DISPENSERS; cash dispensing machines, NAMELY CASH DISPENSERS; cash registers; calculating machines; apparatus for processing card transactions and data relating thereto and for payment processing NAMELY, ELECTRONIC MACHINES FOR READING CREDIT CARDS AND RECORDING FINANCIAL OPERATIONS; data encryption and security apparatus, NAMELY ELECTRONIC ENCRYPTION UNITS; CARD READERS FOR MAGNETICALLY ENCODED CARDS, NAMELY, apparatus for verifying data on magnetically encoded cards; apparatus for data storage, NAMELY, COMPUTER HARDWARE FOR DATA STORAGE; computer data storage apparatus NAMELY, COMPUTER HARDWARE FOR DATA STORAGE; data store instruments, NAMELY, [MORE SPECIFICALLY DESCRIBE GOODS]; DATA STORE machines, NAMELY, COMPUTER HARDWARE FOR STORAGE OF DATA; and DATA STORE media, NAMELY, [LIST SPECIFIC GOODS, E.G., BLANK TAPES FOR STORAGE OF COMPUTER DATA]; electronic scanning apparatus for documents, NAMELY SCANNERS; magnetic cards, NAMELY, [INDICATE SPECIFIC TYPE, E.G. MAGNETICALLY CODED STORED VALUE CARDS FOR MAKING PURCHASES AT RETAIL STORES]; magnetically encoded and smart programmable cards, NAMELY, [INDICATE SPECIFIC TYPE, IDENTIFYING CARDS, CREDIT CARDS, DEBIT CARDS]; computer hardware; COMPUTER software FOR [INDICATE FUNCTION OF SOFTWARE, E.G., WORD PROCESSING, DATABASE MANAGEMENT]; security devices for computer software, NAMELY, [MORE SPECIFICALLY DESCRIBE GOODS, E.G., USB COMPUTER SECURITY KEYS AND DONGLES, NAMELY, HARDWARE THAT PLUGS INTO AN ELECTRICAL CONNECTOR ON A COMPUTER AND SERVES AS AN ELECTRONIC KEY FOR A PIECE OF SOFTWARE, WHICH ALLOW SECURE ACCESS]; computer software for authorizing access to data bases and stored information; mobile telephone software FOR [INDICATE FUNCTION, E.G., COMPUTER SOFTWARE TO ENABLE THE TRANSMISSION OF PHOTOGRAPHS TO MOBILE TELEPHONES]; computer software for the synchronization of data between a remote station or device and a fixed or remote station or device; ELECTRONIC data receivers for the secure registration, transfer, processing and reproduction of sounds, images or data; apparatus for guarding data communication systems against unauthorized access; parts and fittings for the aforesaid goods, NAMELY, [LIST SPECIFIC PARTS OR FITTINGS OR SPECIFY COMPONENT PARTS];

 

IC 016: Paper, cardboard and goods made from these materials, not included in other classes, NAMELY, [LIST SPECIFIC GOODS IN CLASS 16, E.G., PAPER BAGS]; printed matter, NAMELY, [LIST SPECIFIC GOODS, E.G.; CALENDARS]; books, NAMELY, [INDICATE TYPE OR SUBJECT MATTER, E.G., BOOKS IN THE FIELD OF …]; booklets IN THE FIELD OF [INDICATE SUBJECT MATTER], catalogues IN THE FIELD OF [INDICATE FIELD OF USE], magazines IN THE FIELD OF [INDICATE SUBJECT MATTER]; PRINTED periodicalS publications IN THE FIELD OF [INDICATE SUBJECT MATTER]; manuals IN THE FIELD OF [INDICATE SPECIFIC AREA OF USE, E.G., INSTRUCTIONAL MATH]; travellers' cheques, money orders, money drafts; [DELETE, TRAVELLERS CHEQUES, MONEY ORDERS MONEY DRAFTS ARE NOT GOODS BUT ISSUED AS PART OF A SERVICE]; BLANK cheques; cardboard and plastic cards WITHOUT MAGNETIC CODING USED FOR [INDICATE FUNCTION]; book binding materials; photographs; stationery; writing instruments; files, NAMELY, [INDICATE TYPE, E.G., LETTER FILES] and folders, NAMELY, [INDICATE TYPE, E.G., FILE FOLDERS]; document wallets, NAMELY, DOCUMENT FOLDERS IN THE FORM OF WALLETS; adhesives for stationery or household purposes; artists' materials, NAMELY, [LIST SPECIFIC GOODS, E.G., ARTISTS’ BRUSHES; NOTE THAT PAINT FOR ARTIST SPECIFIES GOODS IN CLASS 2]; paint brushes; typewriters and office requisites, NAMELY, [LIST SPECIFIC GOODS] AND EXCLUDING  furniture; PRINTED instructional and teaching material (except apparatus) IN THE FIELD OF [SPECIFY AREA OF USE]; plastic materials for packaging (not included in other classes), NAMELY, [LIST SPECIFIC GOODS IN CLASS 16, E.G., RIGID PLASTIC TRAYS]; printers' type; printing blocks;

 

IC 035: Advertising and promotional services; marketing SERVICES; display services for merchandising, BUSINESS MERCHANDISING DISPLAY SERVICES; compilation, production and dissemination of advertising matter; business planning; assistance WITH BUSINESS MANAGEMENT AND PLANNING and BUSINESS management services; business administration services; business networking services; PROVIDING office functions; management assistance services; business investigations and CONDUCTING BUSINESS surveys; business relocation services; bookkeeping and accounting services; tax assessment preparation; preparation and completion of income tax returns; provision of information relating to tax; tax consultancy and planning services; business consultancy and advisory services; provision of BUSINESS information relating to accounts; provision of statements of account, NAMELY, PREPARATION OF FINANCIAL STATEMENTS; registration SERVICES FOR COMPANIES, NAMELY, [MORE SPECIFICALLY DESCRIBE NATURE REGISTRATION SERVICES; NOTE THAT DOMAIN NAME REGISTRATION SERVICES ARE CLASSIFIED IN CLASS 45], BUSINESS administration and secretarial services for companies; document reproduction services; data processing services; computerized data storage services; computerized data storage and retrieval; computerized database and file management; data processing services; computerized data storage and retrieval services; computerized data storage and retrieval services for text, data, image, audio, video, and multimedia content[DELETE, DATA STORAGE SERVICES ARE PROPERLY CLASSIFIED IN CLASS 39]; computerized record keeping, accounting and database management services; compilation of data relating to goods for purchase; services relating to the making and compilation of surveys and indexes of consumer confidence and activity levels over the Internet; rental of advertising space; arranging and administration of exhibitions FOR COMMERCIAL OR ADVERTISING PURPOSES; organizing of draws [DELETE OR INCLUDE EXPLANATION OF “DRAWS”] and BUSINESS competitions for promotional and advertising purposes [ORGANIZING SPORTS COMPETITIONS SPECIFIES CLASS 41 SERVICES]; user incentive schemes, BEING INCENTIVE AWARD PROGRAMS TO PROMOTE THE SALE OF PRODUCTS AND SERVICES OF OTHERS, NAMELY, relating to the use of credit cards, store cards, charge cards, cash cards, debit cards, payment cards, financial cards and purchase cards; consultancy, information and advisory services relating to all of the aforesaid services;

 

IC 036: Insurance services, NAMELY, [LIST SPECIFIC INSURANCE SERVICES, E.G., INSURANCE AGENCY AND BROKERAGE, INSURANCE SUBROGATION; financial services, NAMELY, [LIST SPECIFIC SERVICES, E.G., FINANCIAL CONSULTING, FINANCIAL ANALYSIS]; private banking services; monetary affairs, NAMELY, FINANCIAL INFORMATION, MANAGEMENT AND ANALYSIS SERVICES; financial management, FINACIAL administration OF [SPECIFY SUBJECT MATTER, E.G., EMPLOYEE PENSION PLAN, FINANCIAL ADMINSTRATION OF RETIREMENT PLANS]; and FINANCIAL valuation services; financing and procurement of financing FOR OTHERS; financial loan advisory services; loan procurement services FOR OTHERS; mortgage banking, investment management, trustee and financial advisory services; BANKING SERVICES, NAMELY, deposit taking, savings ACCOUNT SERVICES, investment BANKING SERVICES, mortgage and real estate agency services; financial administration services, NAMELY, [INDICATE SUBJECT MATTER ADMINISTERED]; financing services for securing of funds; pension fund administration; financing services for the securing of funds for others and for the financing and arranging of loans; services for the financing of home loans; valuation of chattels; nominee services, NAMELY, ASSISTING OTHERS WITH THE COMPLETION OF FINANCIAL TRANSACTIONS FOR STOCKS, BONDS, SECURITIES AND EQUITIES; stock broking services; tax services, NAMELY, [DESCRIBE SPECIFIC SERVICES, E.G., TAX CONSULTATION, TAX FILING SERVICES; pension fund services, NAMELY, FINANCIAL MANAGEMENT OF EMPLOYEE PENSION PLANS; public and private equity financing; ELECTRONIC funds transfer services; brokerage agencies for insurance and credit; FINANCIAL management of wealth; issuing of traveller cheques; credit card, charge card, cash card, cheque guarantee card, purchase, payment and debit card services; financial planning and investment advisory services; provision of finance, NAMELY, BUSINESS FINANCE PROCUREMENT SERVICES; PROVIDING money exchange SERVICES; and money transmission services, NAMELY MONEY TRANSFER SERVICES; real estate appraisals, brokerage, leasing, management and valuations; real estate selection and acquisition; rent collection; renting and leasing of premises, BEING BUILDINGS; credit card services; credit CARD SERVICES; discount CARD SERVICES, NAMELY, PROVIDING CASH AND OTHER REBATES FOR CREDIT CARD USE AS PART OF A CUSTOMER LOYALTY PROGRAM; loyalty card services, NAMELY, [MORE SPECIFICALLY DESCRIBE SERVICES, E.G., PROVIDING CASH AND OTHER REBATES FOR CREDIT CARD USE AS PART OF A CUSTOMER LOYALTY PROGRAM]; issuance of tokens of value for use in loyalty schemes; information, advisory and consultancy services relating to the aforementioned services;

 

IC 038: Telecommunication services, NAMELY, [LIST SPECIFIC TELECOMMUNICATION SERVICES, E.G., TELECOMMUNICATION ACCESS SERVICES]; telecommunications services relating to electronic commerce, NAMELY, [LIST SPECIFIC TELECOMMUNICATION SERVICES, E.G., TELECOMMUNICATION ACCESS SERVICES]; telecommunications services relating to security, including NAMELY, providing secure connections and access to computers and databases, NAMELY, PROVIDING, PRIVATE AND SECURE ELECTRONIC COMMUNICATIONS OVER A PRIVATE OR PUBLIC COMPUTER NETWORK; Internet communication services, NAMELY, TRANSMISSION OF VOICE, DATA, GRAPHICS, IMAGES, AUDIO AND VIDEO BY MEANS OF THE INTERNET; electronic mail services; receipt and/or delivery of messages, documents and other data by electronic transmission; secure data, sound and image transmission services; receipt and/or delivery of messages, documents and other data via the Internet; provision of electronic communication links, NAMELY, PROVIDING ON-LINE COMMUNICATIONS LINKS WHICH TRANSFER THE WEB SITE USER TO OTHER LOCAL AND GLOBAL WEB PAGES; providing TELECOMMUNICATION access to computer servers, databases and networks; providing access to the Internet; provision of telecommunications connections and access to the Internet; telecommunication portal services, NAMELY, MORE SPECIFICALLY DESCRIBE SERVICES; leasing of access time to databases [OFFICE FORBADES THE USE THIS LANGUAGE]; consultancy, information and advisory services relating to all the foregoing;

 

IC 039: Physical storage of electronically stored data, text, images, audio and video; physical storage services for archiving electronic data; ELECTRONIC DATA STORAGE AND RETRIEVAL SERVICES; ELECTRONIC DATA STORAGE AND RETRIEVAL SERVICES FOR TEXT, DATA, IMAGE, AUDIO, VIDEO, AND MULTIMEDIA CONTENT;

 

IC 042: Scientific and technological services, NAMELY, SCIENTIFIC research and design IN THE FIELD OF [INDICATE SUBJECT MATTER]; industrial SCIENTIFIC analysis and SCIENTIFIC research services; design and development of secure computer hardware, software and systems; computer software and programming services; computer services, NAMELY, [LIST SPECIFIC SERVICES]; lease, hire and rental of computer equipment, hardware, software and programs; design of web sites FOR OTHERS; data encryption services; electronic signature verification and authorization services; digital signature verification and authorization services [VERIFICATION SERVICES IN CONNECTION WITH BANKING AND FINANCIAL SERVICES CLASSIFIED IN CLASS 35] creating and maintaining websites FOR OTHERS; hosting the websites of others; data security services, NAMELY, DESIGN AND DEVELOPMENT OF ELECTRONIC DATA SECURITY SYSTEMS; computerized and electronic data storage services [STORAGE SERVICES ARE CLASSSIFIED IN CLASS 39]  ; digitization (scanning) of documents; consultancy, information and advisory services relating to all the foregoing;

 

Identifications of goods and/or services can be amended only to clarify or limit the goods and/or 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.  Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.

 

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.

 

 

Multi-Class Application – Intent to Use

 

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based /an intent to use the mark under Trademark Act Section 1(b) and/or a foreign registration under Section 44(e):

 

(1)        Applicant must list the goods and/or services by international class; and

 

(2)        Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov).

 

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).

 

Paper and Teas Fees

 

The filing fee for adding classes to an application is as follows:

 

         (1)     $325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; or

 

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

 

37 C.F.R. §2.6(a)(1)(i)-(a)(1)(ii); TMEP §810.

 

 

Basis Options

 

The application specifies both an intent to use basis under Trademark Act Section 1(b) and a claim of priority under Section 44(d) based on a foreign application.  See 15 U.S.C. §§1051(b), 1126(d); 37 C.F.R. §2.34(a)(2), (a)(4).  However, no copy of a foreign registration has been provided even though the application indicates applicant’s intent to rely on Section 44(e) as an additional basis for registration.  See 15 U.S.C. §1126(e).

 

An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an applicant’s country of origin.  15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004, 1004.01, 1016.  In addition, an applicant’s country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law.  15 U.S.C. §1126(b); TMEP §§1002.01, 1004.

 

Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available.  TMEP §1003.04(a).  A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in applicant’s country of origin.  TMEP §1004.01.  If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to applicant’s country of origin.  TMEP §1016.  In addition, applicant must also provide an English translation if the foreign registration is not written in English.  37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b).  The translation should be signed by the translator.  TMEP §1004.01(b).

 

If the foreign registration has not yet issued, or applicant requires additional time to procure a copy of the foreign registration (and English translation, as appropriate), applicant should so inform the trademark examining attorney and request that the U.S. application be suspended until a copy of the foreign registration is available.  TMEP §§716.02(b), 1003.04(b).

 

If applicant cannot satisfy the requirements of a Section 44(e) basis, applicant may request that the mark be approved for publication based solely on the Section 1(b) basis.  See 15 U.S.C. §§1051(b), 1126(e); 37 C.F.R. §2.35(b)(1); TMEP §§806.02(f), 806.04(b), 1003.04(b).  Although the mark may be approved for publication on the Section 1(b) basis, it will not register until an acceptable allegation of use has been filed.  See 15 U.S.C. §1051(c)-(d); 37 C.F.R. §§2.76, 2.88; TMEP §1103.  Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration.  See 37 C.F.R. §2.35(b)(1), (4); TMEP §§806.02(f), 806.04(b). 

 

 

Prior Registration

 

If applicant owns U.S. Registration Nos. 3049848, 3767589 and 3195676, then applicant must submit for the application record a claim of ownership of these registrations.  See 37 C.F.R. §2.36; TMEP §812.  See the attached copies of the registrations.  See TMEP §812. 

 

Applicant may use the following format to claim ownership of these registrations:

 

Applicant is the owner of U.S. Registration Nos. 3049848, 3767589 and 3195676.

 

 

Response to Office Action

 

There is no required format or form for responding to an Office action.  The Office recommends applicants use the Trademark Electronic Application System (TEAS) to respond to Office actions online at http://www.gov.uspto.report/teas/index.html.  However, if applicant responds on paper via regular mail, the response should include the title “Response to Office Action” and the following information:  (1) the name and law office number of the examining attorney, (2) the serial number and filing date of the application, (3) the mailing date 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).

 

The response should address each refusal and/or requirement raised in the Office action.  If a refusal has issued, applicant can argue against the refusal; i.e., applicant can submit arguments and evidence as to why the refusal should be withdrawn and the mark should register.  To respond to requirements, applicant should set forth in writing the required changes or statements and request that the Office enter them into the application record. 

 

 

/Rudy R. Singleton/

Examining Attorney

Law Office 102

(571) 272-9262

RUDY.SINGLETON@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 the Trademark Electronic Application System (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 the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or 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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 2/21/2013 FOR U.S. APPLICATION SERIAL NO. 85796128

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please 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 2/21/2013 (or sooner if specified in the Office action).  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System (TEAS) response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.