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: 7/8/2013

 

 

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.

 

SECTION 2(D) REFUSAL – LIKELIHOOD OF CONFUSION – INTERNATIONAL CLASSES 9, 16 AND 41 – SPECIFIC GOODS AND SERVICES

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 3301956.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the enclosed registration.

 

Applicant applied to register the mark PULP FICTION for “downloadable electronic books, namely, fiction books (Novelizations), action and adventure books for young adults, digital trading cards, digital comic books and graphic novels” in class 9, “Book ends; calendars; bookmarks; posters; address books, notebooks; writing journals and tablets; greeting cards and note cards; books, namely, action/adventure books for children and young adults and fiction books, namely, novelizations; comic books and magazines; collectable trading cards; series of computer game hint books; life size paper or cardboard standees; limited edition and non-limited edition framed and unframed posters, paintings and Giclee prints” in class 16, and “Providing online non-downloadable comic books, graphic novels, books, fiction books (Novelizations), action and adventure books for young adults, digital trading cards” in class 41.

 

The registered mark is PULP FICTION for Paper, cardboard and goods made from these materials, not included in other classes, namely, writing paper, printing paper, copying paper, coated and uncoated paper, bond paper, recycled paper, cardboard and corrugated cardboard; paper and cardboard; printed matter, namely, business cards, greeting cards, correspondence cards, lottery tickets, posters, banderoles, registers, folders to menus, calendars, page protector sleeves and maps; bookbinding material, namely, bookbindings, cardboard book bindings, bookbinding board, cardboard backing for binding books and bookbinding paper; photographs; stationery; printed educational, instructional and teaching materials in the field of manufacture and/or development of paper, cardboard, wood and paper pulp, packaging solutions; paper materials, namely, wraps, films and bags for packaging; and laminated paper.

 

Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely that a potential consumer would be confused, mistaken, or deceived as to the source of the goods and/or services of the applicant and registrant.  See 15 U.S.C. §1052(d).  In the seminal decision In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973), the court listed the principal factors to be considered when determining whether there is a likelihood of confusion under Section 2(d).  See TMEP §1207.01.  However, not all the factors are necessarily relevant or of equal weight, and any one of the factors may control in a given case, depending upon the evidence of record.  Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d 1344, 1355, 98 USPQ2d 1253, 1260 (Fed. Cir. 2011); In re Majestic Distilling Co., 315 F.3d 1311, 1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont de Nemours & Co., 476 F.2d at 1361-62, 177 USPQ at 567.

 

In this case, the following factors are the most relevant:  similarity of the marks, similarity and nature of the goods and/or services, and similarity of the trade channels of the goods and/or services.  See In re Viterra Inc., 671 F.3d 1358, 1361-62, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); In re Dakin’s Miniatures Inc., 59 USPQ2d 1593, 1595-96 (TTAB 1999); TMEP §§1207.01 et seq.

 

COMPARISON OF THE MARKS

 

In a likelihood of confusion determination, the marks in their entireties are compared for similarities in appearance, sound, connotation, and commercial impression.  In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973); TMEP §1207.01(b)-(b)(v). 

 

In the present case, applicant’s mark is PULP FICTION and registrant’s mark is PULP FICTION.  Thus, the marks are identical in terms of appearance and sound.  In addition, the connotation and commercial impression of the marks do not differ when considered in connection with applicant’s and registrant’s respective goods and/or services.

 

Therefore, the marks are confusingly similar.

 

COMPARISON OF THE GOODS AND SERVICES

 

The goods and/or services of the parties need not be identical or directly competitive to find a likelihood of confusion.  See Safety-Kleen Corp. v. Dresser Indus., Inc., 518 F.2d 1399, 1404, 186 USPQ 476, 480 (C.C.P.A. 1975); TMEP §1207.01(a)(i).  Rather, it is sufficient to show that because of the conditions surrounding their marketing, or because they are otherwise related in some manner, the goods and/or services would be encountered by the same consumers under circumstances such that offering the goods and/or services under confusingly similar marks would lead to the mistaken belief that they come from, or are in some way associated with, the same source.  In re Iolo Techs., LLC, 95 USPQ2d 1498, 1499 (TTAB 2010); see In re Martin’s Famous Pastry Shoppe, Inc., 748 F.2d 1565, 1566-68, 223 USPQ 1289, 1290 (Fed. Cir. 1984); TMEP §1207.01(a)(i).

 

Moreover, where the marks of the respective parties are identical or virtually identical, the relationship between the relevant goods and/or services need not be as close to support a finding of likelihood of confusion.  See In re Shell Oil Co., 992 F.2d 1204, 1207, 26 USPQ2d 1687, 1689 (Fed. Cir. 1993); In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202 (TTAB 2009); In re Thor Tech, Inc., 90 USPQ2d 1634, 1636 (TTAB 2009); TMEP §1207.01(a).

 

Here, the goods identified in the registration are closely related to, if not encompassed by, the goods and services identified by the applicant.  For example, both Applicant and registrant identify calendars and greeting cards.  In addition, Applicant identifies publications available in hard copy and electronic formats.  Publications, both in electronic and hard copy formats, are frequently offered in commerce on a variety of subjects by the same entity such that the average consumer encountering Applicant’s and Registrant’s goods/services may be under the mistaken belief that Applicant and Registrant are somehow affiliated or connected.  See e.g. attached excerpted third party registrations showing both Applicant’s and Registrant’s goods/services offered by the same entity under the same mark.  These printouts have probative value to the extent that they serve to suggest that the goods and services listed therein are of a kind that may emanate from a single source.  In re Infinity Broad. Corp. of Dallas, 60 USPQ2d 1214, 1217-18 (TTAB 2001); In re Albert Trostel & Sons Co., 29 USPQ2d 1783, 1785-86 (TTAB 1993); In re Mucky Duck Mustard Co., 6 USPQ2d 1467, 1470 n.6 (TTAB 1988); TMEP §1207.01(d)(iii).  The average consumer may be under a false belief that Applicant’s goods and services are affiliated with or somehow sponsored by Registrant.  Therefore, consumers are likely to be confused as to the source or origin of Applicant’s goods. 

 

The examining attorney must resolve any doubt as to the issue of likelihood of confusion in favor of the registrant and against the applicant who has a legal duty to select a mark which is totally dissimilar to trademarks already being used.  TMEP §1207.01(d)(i); see Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1265, 62 USPQ2d 1001, 1003 (Fed. Cir. 2002); In re Hyper Shoppes (Ohio), Inc., 837 F.2d 463, 464-65, 6 USPQ2d 1025, 1025 (Fed. Cir. 1988); Burroughs Wellcome Co. v. Warner-Lambert Co., 203 USPQ 191 (TTAB 1979).

 

OTHER ISSUES

 

Although the examining attorney has refused registration, Applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.  If Applicant chooses to respond to the refusal to register, the applicant must also respond to the following issues.

 

 

IDENTIFICATION OF GOODS – INTERNATIONAL CLASSES 9, 14, 16, 18, 25, 28 AND 41

 

The identification of goods and services is unacceptable because it is indefinite.  See TMEP §1402.01.

 

In particular, for international class 9, Applicant must provide greater specificity with regard to “downloadable electronic books, namely, fiction books (Novelizations), action and adventure books for young adults”, “mobile device chargers for use in vehicles”, “MP3 and MP4 devices”, “USB devices”, and “mobile device cases.”  In addition, Applicant must avoid the use of brackets with indefinite wording therein because the brackets may be deleted during Office processing.  Here, “Novelizations” is indefinite.

 

For international class 14, Applicant must provide greater specificity with regard to “key chains of jewelry” and “ornamental clothing pins.”

 

For international class 16, Applicant must provide greater specificity with regard to “Writing journals”, “books, namely, action/adventure books for children and young adults and fiction books, namely, novelizations”, and “life size paper or cardboard standees.”

 

For international class 18, Applicant must provide greater specificity with regard to “Mobile tablet and other mobile device cases”, “Small leather goods, namely, belts”, and “Identification and business card holders and cases.”  Please note that more than international class 18 is implicated.  For example, non-metal key fobs belongs in international class 20 and cases specially design for carrying cell phones are classified in international class 9.

 

International class 21 is acceptable as written.

 

For international class 25, Applicant must provide greater specificity with regard to “fleece garments.”  In addition, Applicant must avoid the use of brackets with indefinite wording therein because the brackets may be deleted during Office processing.  Here, “cut and sewn fashion garments” is indefinite. Further, “Ornamental clothing patches made of rubber or metal patches” is misclassified.  The correct class is international class 26.

 

For international class 28, Applicant must provide greater specificity with regard to “cases of action figures”, “computer and video game joysticks”, “electronic games adapted for use with television receivers only”, “game controllers for computer and games”, “mats for use in connection with playing card games”, and “others vehicles” in the phase, “remote control toys, namely, cars, race cars, airplanes, helicopters, military and construction vehicles, boats, trucks, trains and other vehicles.”  In addition, Applicant must correct the punctuation in the phrase “chess. Pieces.”

 

For international class 41, Applicant must provide greater specificity with regard to “books”, “fiction books (Novelizations)”, “action books for young adults”, and “free to play non-wagering electronic games and games via the Internet.”

 

For Applicant’s convenience, all indefinite terms and phrases, including suggestions by the examining attorney, have been highlighted.

 

For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html.  See TMEP §1402.04.

 

Applicant may adopt seven (7) of the following identifications, if accurate:

 

International class 9 -

Radios incorporating clocks;

Magnets;

Downloadable electronic books, namely, a series of fiction books known as Novelizations, action and adventure books for young adults featuring [identify subject matter, e.g. science fiction], digital trading cards, digital comic books and graphic novels;

Computer and electronic game cartridges, cassettes and/or discs;

Computer and electronic game software;

Computer and electronic game software for gaming machines including slot machines or video lottery terminals;

Computer and electronic game software for personal computers and home video game consoles;

Computer and electronic game software downloadable from a global computer network;

Computer and electronic game software for use on mobile and cellular phones and wireless devices;

Downloadable computer and electronic game programs;

Interactive multimedia computer game programs;

Virtual reality game software;

Chargers for use in vehicles for mobile devices, namely, [specify, e.g. cell-phones, laptop computers and tablet computers];

Sun glasses and cases therefor;

Headphones, ear buds, MP3 and MP4 players, Blank USB flash drives, audio speakers, auxiliary power chargers and carrying cases for the aforementioned;

Cases for mobile device, namely, [specify, e.g. cell phones, tablet computers] and computer cases;

Cell phone cases (moved from class 18); and

Computer joysticks (moved from class 28)

Or

 

International class 14 –

Watches;

Watch cases;

Jewelry;

Jewelry boxes;

Jewelry, namely, dog tags for wear by humans for decorative purposes;

Clocks;

Key chains as jewelry and key chains of precious metal; and

Ornamental pins for clothing.

 

Or

 

International class 16 –

Book ends;

Calendars;

Stickers;

Temporary tattoos;

Bookmarks;

Posters;

Address books, notebooks;

Blank writing journals and writing tablets;

Writing instruments;

Greeting cards and note cards;

Paper weights;

books, namely, action/adventure books for children, action/adventure books for young adults about [identify subject matter; NOTE: only books for children do not require the subject matter identified], and a series of fiction books known as novelizations;

Comic books and magazines;

Collectable trading cards;

Series of computer game hint books;

Vehicle window clings and decals;

Life size paper or cardboard displays featuring animated characters and landscape scenes;

Limited edition and non-limited edition framed and unframed posters, paintings and Giclee prints; and

Desktop business card holders (moved and clarified from class 18).

 

Or

 

International class 18 –

Backpacks;

Gym bags, barrel bags, handbags, purses, luggage bags, and tote bags;

Small leather goods, namely, shoulder belts, leather key chains, change purses, and billfolds;

Wallets; and

Identification and business card cases and holders in the nature of [specify, e.g., wallets, card cases, etc.; specified goods must be Class 18 to keep the ID in Class 18].

 

Or

 

International class 20 –

Small leather key fobs (moved from class 18).

 

Or

 

International class 25 –

T-shirts;

Sweatshirts;

Hoodies;

Constructed Apparel and fashion garments, namely, knit and woven tops, blouses, pants, shorts, skirts, jeans, and jackets;

Caps;

Beanies;

Hats;

Bandanas;

Boxers;

Underwear;

Sleepwear and pajamas;

Loungewear;

Outerwear, namely, jackets, fleece jackets and raincoats;

Gloves, scarves and mittens;

Socks and hosiery;

Ties;

Wrist bands;

Halloween and masquerade costumes;

Costumes for use in children's dress up play;

Footwear, shoes and athletic footwear; and  

Small leather belts (moved from class 18).

 

Or

 

International class 26 –

Ornamental clothing patches made of rubber or metal patches (moved from class 25).

 

Or

 

International class 28 –

Action figures and accessories therefor;

Action figure toys; amusement game machines;

Amusement machines, namely, hand-held electronic game units adapted for use with an external display screen or monitor;

Amusement park rides;

Arcade games;

Arcade-type electronic video games;

Articles of clothing for toys;

Audio and visual headsets for use in playing video games;

Battery-powered computer game with LCD screen;

Bendable toys;

Billiard balls;

Billiard game playing equipment;

Board games;

Bobble head dolls;

Card games;

Action figures sold in bulk, cases especially adapted for holding action figure;

Chess games;

Chess pieces;

Chess sets;

Chessboards;

Chips for gambling;

Christmas tree ornaments;

Collectable toy figures;

Computer and video game consoles for use with an external display screen or monitor;

Computer game and video game joysticks;

Computerized video table games for gaming purposes; construction toys;

Costume masks;

Darts;

Dart boards;

Dart flights;

Dog toys;

Doll accessories;

Doll clothing;

Dolls and accessories therefor;

Electronic action toys;

Hand held electronic games adapted for use with television receivers only;

Electronic gaming machines, namely, devices which accept a wager;

Electronic interactive board games for use with external monitor;

Electronic toy vehicles;

Fantasy character toys;

Fitted plastic films known as skins for covering and protecting electronic gaming apparatus, namely, video game consoles, hand-held game units;

Gambling machines;

Game cards;

Game controllers for computer games;

Gaming chips;

Gaming devices, namely, gaming machines, slot machines, bingo machines, with or without video output;

Gaming machines including slot machines or video lottery terminals;

Game and gaming tables. Hand-held units for playing electronic games other than those adapted for use with an external display screen or monitor;

Hand-held electronic games adapted for use with television receivers only;

Home video game machines;

Jigsaw puzzles, puzzles and puzzle games;

LCD game machines;

Lottery cards;

Lottery tickets;

Martial arts training equipment;

Mechanical action toys;

Mechanical toys;

Memory games;

Model toy vehicles;

Modeled plastic toy figurines;

Molded toy figures;

Musical toys;

Pachinkos;

Paddle surfboards;

Pet toys;

Pinball games;

Pinball machines;

Plastic character toys;

Playing cards, playing card games and playing card cases;

Playing card game accessories, namely, playing card holders, mats for poker tables, playing card shuffling devices and dice;

Plush dolls;

Plush toys;

Poker chips;

Porcelain dolls;

Positionable toy figures;

Protective carrying cases special adapted for hand-held video games;

Protective padding for snowboarding and skateboarding;

Puzzles;

PVC toy figures;

Remote control toys, namely, cars, race cars, airplanes, helicopters, military and construction vehicles, boats, trucks, and trains;

Rubber character toys;

Scale model toy kits;

Scratch cards for playing lottery games;

Skateboard decks;

Skateboards;

Skis;

Slot machines;

Snowboards;

Snow globes;

Sports equipment for boxing and martial arts, namely, boxing gloves, boxing bags, punching mitts, belly protectors, groin protectors and shin guards;

Squeeze toys;

Stand alone video game machines;

Stuffed and plush toys;

Surf boards;

Toy action figures and accessories therefor;

Toy clocks;

Toy banks;

Toy figures;

Toy figures in the form of a potato;

Toy film cartridges and viewers;

Toy motion picture prop replicas.

Toy snow globes;

Toy swords;

Toy weapons;

Trading card games;

Trivia game played with cards and game components;

Video game interactive remote control units;

Video game interactive hand-held remote controls for playing electronic games;

Video game machines for use with external display screen or monitor;

Video output game machines for use with televisions;

Vinyl dolls;

Virtual reality headsets and helmets adapted for use in playing video games;

Wakeboards;

Water globes;

Water skis; and

Metal or plastic 3D dioramas depicting film scenes or characters

 

International class 41 –

Providing online non-downloadable comic books, graphic novels, books in the field of [identify subject matter], a series of fiction books  known as Novelizations, action and adventure books for young adults about [provide greater specificity], and digital trading cards;

Entertainment services, namely, providing online non-downloadable free to play non-wagering electronic games;

Entertainment services, namely, providing online computer games, providing online electronic and video games, providing temporary use of non-downloadable electronic games, providing games of chance via the Internet, and conducting live poker games; and

Entertainment services, namely, providing a website featuring games and puzzles, online board games and online card games.

 

NOTE:  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.

 

MULTIPLE CLASS APPLICATION

 

Applicant may choose to adopt more than seven identifications listed above and proceed as an extended multiple-class application.

 

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).

 

FEE INFORMATION

 

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).

 

INCOMING COMMUNICATION OF MARCH 27, 2013 - ACCEPTED

 

Applicant’s incoming communication correcting the international class has been accepted.

 

RESPONSE GUIDELINES

 

For this application to proceed toward registration, applicant must explicitly address each refusal and/or requirement raised in this Office action.  If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register.  Applicant may also have other options for responding to a refusal and should consider such options carefully.  To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements. 

 

If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end, the trademark will fail to register, and the application fee will not be refunded.  See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02.  Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to live status.  See 37 C.F.R. §2.66; TMEP §1714.  There is a $100 fee for such petitions.  See 37 C.F.R. §§2.6, 2.66(b)(1).

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

 

 

/VJ/

Gene V.J. Maciol, II

Attorney-advisor

Law Office 103

gene.maciol@uspto.gov

571-273-9280 fx

571-272-9280 ph

 

 

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 7/8/2013 FOR U.S. APPLICATION SERIAL NO. 85883773

 

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 7/8/2013 (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.