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:  February 11, 2021

Your response to the outstanding Office action regarding the Sections 8 & 15 Combined Affidavit was timely received on May 11, 2020.  After consideration of the response and the facts of record, the refusal to accept the Section 8 Affidavit is maintained for the reason set forth below.  The registration will be cancelled in its entirety in due course.

The Section 8 Affidavit cannot be accepted because the owner failed to submit acceptable specimens showing trademark usage.

If you disagree with this refusal to accept the Section 8 Affidavit, you may file a petition to the Director to review this decision.  37 C.F.R. §§2.146(a)(2), 2.165; TMEP §§1604.18 et seq.  The petition must be filed within six months from the issue date of this letter and be accompanied by a fee of $250.  37 C.F.R. §§2.6, 2.146(c), 2.165(b).  Any facts to be proven on petition must be in the form of an affidavit or declaration under 37 C.F.R. §2.20; and signed by someone with firsthand knowledge of the facts to be proved.  37 C.F.R. §2.146(c).

If you do not file a petition to the Director within six months from the issue date of this letter, the registration will be cancelled in due course.  37 C.F.R. §2.165(b).  Because a petition is required for further review, a response to this letter will not be considered.  However, if time remains in the statutory period for filing an affidavit, including the grace period, you may file a complete new affidavit, with a new fee.  See 37 C.F.R. §2.163(c). 

To file a petition to the Director, please use the “Petition to the Director” form located at - http://teas.gov.uspto.report/gf/spring/nonteas?type=preSelected&id=PSC0PGP. 

Direct questions about this Office action to the Post Registration staff member below.

/Dana L. Newton/

Trademark Specialist

Post Registration Division

571-272-9544

Dana.Newton@uspto.gov

USPTO

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.