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: 10/18/2013

 

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, 2.65(a); TMEP §§711, 718.03.

 

The applicant must address the following issues:

• Section 2(d) refusal
• Identification of goods and/or services requirement
• Claim of ownership requirement
• Foreign registration certificate requirement
• Applicant is also provided with information regarding a potential Section 2(d) refusal

 

 

POTENTIAL SUBSTANTIVE REFUSAL

 

Potential Section 2(d) Refusal – Likelihood of Confusion

 

The filing dates of pending U.S. Application Serial Nos. 85628357, 85607081, and 86008406 precede applicant’s filing date.  See attached referenced applications.  If one or more of the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s).  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced applications.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

 

SUBSTANTIVE REFUSAL

Section 2(d) Refusal – Likelihood of Confusion

THIS PARTIAL REFUSAL APPLIES ONLY TO THE GOODS SPECIFIED THEREIN

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 4409042 with respect to “scooters.”  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the enclosed registration.

 

The applicant has applied to register GRIT for:

• Class 024: “(1) athletic clothing, casual clothing, children's clothing, outdoor winter clothing, sports clothing, sports uniforms, ski clothing and dress clothing, hats, caps, shirts, t-shirts, pants, belts, jackets, jeans, socks, shoes, boots, swim suits, sweat jackets, sweat tops and sweat pants, (2) scooters, (3) hockey equipment and accessories, namely, bags, balls, gloves, helmets, jerseys, nets, pads, pants, pucks, skates, sticks, sweaters and uniforms, (4) Sports accessories, namely, soccer balls, referee's whistles, referee's case sets, card sets, lineman's flags, lineman's flag bags, lanyards, wrist ties, coaches' clipboards, corner flags, field markers and field marker stands, air pumps, inflating needles, goal nets, and water bottles, (5) footwear, namely, athletic, beach, casual, children's, exercise, golf, infant, outdoor winter, rain, ski and sports; footwear cushioning; soles for footwear, (6) ski equipment and accessories, namely, bibs, bindings, boot bags, boots, clothing, footwear, gloves, goggles, helmets, poles, racks, slacks, suits and vests, (7) water skiing equipment and accessories, namely, bindings, gloves, rope handles, ropes, safety vests and tow-bars, (8) baseball equipment and accessories, namely, bats, caps, catchers' masks, cleats, gloves, jerseys, pitching screens, shirts, shoes, uniforms, and bases for baseball.”

 

The registered mark is GRIT with stylization for:

• Class 012:  Scooters, namely, pedal scooters; scooters being vehicles; vehicle wheels in the nature of casters; rolling wheels for vehicles; spoke wheels for vehicles; vehicle wheels; wheels being parts of bicycles; vehicle wheels for bicycles and cycles; wheels for vehicles; wheel bearings for land vehicles; grips for handlebars of bicycles and tricycles; handlebars; handlebars for bicycles and cycles; bicycles; pedal bicycles; pumps for bicycles, tricycles and motorcycles; pumps for inflating bicycle tyres; racing bicycles; splash guards, namely, mudguards for bicycles; wheel stabilisers for use on bicycles; stabilizers in the nature of bicycle training wheels; tires for bicycles and cycles; water bottle cages for bicycles sold together as a kit with empty water bottles; water bottle cages for bicycles; non-motorised tricycles; tricycles
• Class 028:  Children's toy scooters; toy scooters; wheels for toy vehicles; children's toy bicycles other than for transport; sports articles in the nature of protectors for elbows for use when riding bicycles; sports articles in the nature of protectors for the knees for use when riding bicycles; elbow guards for use in skateboarding; sports articles in the nature of protectors for elbows for use when skateboarding; sports articles in the nature of protectors for the knees for use when skateboarding; skateboards; toy tricycles being playthings

 

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.

 

Taking into account the relevant du Pont factors, a likelihood of confusion determination in this case involves a two-part analysis.  See In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361-62, 177 USPQ 563, 567 (C.C.P.A. 1973); In re 1st USA Realty Prof’ls Inc., 84 USPQ2d 1581, 1584 (TTAB 2007); see also In re Dixie Rests. Inc., 105 F.3d 1405, 1406-07, 41 USPQ2d 1531, 1533 (Fed. Cir. 1997).  The marks are compared for similarities in their appearance, sound, connotation and commercial impression.  TMEP §§1207.01, 1207.01(b).  The goods and/or services are compared to determine whether they are similar or commercially related or travel in the same trade channels.  See Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002); Han Beauty, Inc. v. Alberto-Culver Co., 236 F.3d 1333, 1336, 57 USPQ2d 1557, 1559 (Fed. Cir. 2001); TMEP §§1207.01, 1207.01(a)(vi).

 

Comparison of the Marks

 

Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.  In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting 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).  Similarity in any one of these elements may be sufficient to find the marks confusingly similar.  In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988); see In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581, 1586 (TTAB 2007); TMEP §1207.01(b).

 

In the present case, applicant’s mark GRIT is similar to the registered mark GRIT with stylization in sound, appearance, and connotation.  Both marks have the same literal element – the word GRIT.  Although the registrant’s mark contains stylization, a mark in typed or standard characters may be displayed in any lettering style; the rights reside in the wording or other literal element and not in any particular display or rendition.  See In re Viterra Inc., 671 F.3d 1358, 1363, 101 USPQ2d 1905, 1909 (Fed. Cir. 2012); In re Mighty Leaf Tea, 601 F.3d 1342, 1348, 94 USPQ2d 1257, 1260 (Fed. Cir. 2010); 37 C.F.R. §2.52(a); TMEP §1207.01(c)(iii).  Thus, a mark presented in stylized characters and/or with a design element generally will not avoid likelihood of confusion with a mark in typed or standard characters because the marks could be presented in the same manner of display.  See, e.g., In re Viterra Inc., 671 F.3d at 1363, 101 USPQ2d at 1909; Squirtco v. Tomy Corp., 697 F.2d 1038, 1041, 216 USPQ 937, 939 (Fed. Cir. 1983) (stating that “the argument concerning a difference in type style is not viable where one party asserts rights in no particular display”).

 

Overall, the marks have the same commercial impression.  

 

Generally, the greater degree of similarity between the applied-for mark and the registered mark, the lesser the degree of similarity between the goods and/or services of the respective parties that is required to support a finding of likelihood of confusion.  In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202 (TTAB 2009); In re Thor Tech, Inc., 90 USPQ2d 1634, 1636 (TTAB 2009).

 

Comparison of Goods

 

The goods and/or services of the parties need not be identical or even competitive to find a likelihood of confusion.  See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000) (“[E]ven if the goods in question are different from, and thus not related to, one another in kind, the same goods can be related in the mind of the consuming public as to the origin of the goods.”); TMEP §1207.01(a)(i). 

 

The respective goods and/or services need only be “related in some manner and/or if the circumstances surrounding their marketing [be] such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); Gen. Mills Inc. v. Fage Dairy Processing Indus. SA, 100 USPQ2d 1584, 1597 (TTAB 2011); TMEP §1207.01(a)(i).

 

In the present case, applicant’s “scooters” are related to registrant’s “Scooters, namely, pedal scooters; scooters being vehicles” and “Children's toy scooters; toy scooters” because the goods are the type sold to consumers seeking scooters.  Specifically, the applicant’s “scooters” is broad enough to include the registrant’s various types of scooters.

 

Accordingly, the goods would be sold to the same class of purchasers and encountered under circumstances leading one to mistakenly believe the goods originate from the same source. 

 

Since the marks are similar and the goods are related, there is a likelihood of confusion as to the source of the applicant’s goods.  Therefore, applicant’s mark is not entitled to registration.

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

 

Applicant must respond to the requirement(s) set forth below.

 

PROCEDURAL ISSUES

 

Identification of Goods and/or Services Requirement

 

International Class 024: Applicant has identified the goods and/or services as “(1) athletic clothing, casual clothing, children's clothing, outdoor winter clothing, sports clothing, sports uniforms, ski clothing and dress clothing, hats, caps, shirts, t-shirts, pants, belts, jackets, jeans, socks, shoes, boots, swim suits, sweat jackets, sweat tops and sweat pants, (2) scooters, (3) hockey equipment and accessories, namely, bags, balls, gloves, helmets, jerseys, nets, pads, pants, pucks, skates, sticks, sweaters and uniforms, (4) Sports accessories, namely, soccer balls, referee's whistles, referee's case sets, card sets, lineman's flags, lineman's flag bags, lanyards, wrist ties, coaches' clipboards, corner flags, field markers and field marker stands, air pumps, inflating needles, goal nets, and water bottles, (5) footwear, namely, athletic, beach, casual, children's, exercise, golf, infant, outdoor winter, rain, ski and sports; footwear cushioning; soles for footwear, (6) ski equipment and accessories, namely, bibs, bindings, boot bags, boots, clothing, footwear, gloves, goggles, helmets, poles, racks, slacks, suits and vests, (7) water skiing equipment and accessories, namely, bindings, gloves, rope handles, ropes, safety vests and tow-bars, (8) baseball equipment and accessories, namely, bats, caps, catchers' masks, cleats, gloves, jerseys, pitching screens, shirts, shoes, uniforms, and bases for baseball.”

 

First, the wording “athletic clothing, casual clothing, children's clothing, outdoor winter clothing, sports clothing,” and “ski clothing and dress clothing” is indefinite and must be clarified because the specific clothing articles must be provided by common commercial name.  See TMEP §1402.01. 

 

Second, Applicant has classified “scooters” in International Class 024; however, the proper classification is International Class 012.  Therefore, applicant must either (1) add International Class 012 to the application and reclassify these goods and/or services in the proper international class, or (2) delete the wording from the application.  See 37 C.F.R. §§2.86, 6.1; TMEP §§1403 et seq.  If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in this Office action.

 

Third, the wording “hockey equipment and accessories, namely, bags, balls, gloves, helmets, jerseys, nets, pads, pants, pucks, skates, sticks, sweaters and uniforms, (4) Sports accessories, namely, soccer balls, referee's whistles, referee's case sets, card sets, lineman's flags, lineman's flag bags, lanyards, wrist ties, coaches' clipboards, corner flags, field markers and field marker stands, air pumps, inflating needles, goal nets, and water bottles” and “ski equipment and accessories, namely, bibs, bindings, boot bags, boots, clothing, footwear, gloves, goggles, helmets, poles, racks, slacks, suits and vests, (7) water skiing equipment and accessories, namely, bindings, gloves, rope handles, ropes, safety vests and tow-bars, (8) baseball equipment and accessories, namely, bats, caps, catchers' masks, cleats, gloves, jerseys, pitching screens, shirts, shoes, uniforms, and bases for baseball” in the identification of goods must be clarified because it is too broad and could include goods in other international classes.  See TMEP §§1402.01, 1402.03. 

 

Fourth, the wording “footwear, namely, athletic, beach, casual, children's, exercise, golf, infant, outdoor winter, rain, ski and sports” is indefinite and must be clarified to indicate the nature of the goods by common commercial name.  See TMEP §1402.01. 

 

Applicant may adopt the following identification, if accurate. 

 

• Class 007:  Compressed air pumps

 

• Class 009:  Hockey helmets; Sports accessories, namely, referee’s sports whistles; Lineman’s warning flags; Fall protection equipment for fall restraint and fall arrest, namely, lanyards; Ski goggles; Ski helmets; Ski safety vests; Water skiing safety vests;

 

• Class 012:  Scooters; Inflation needles for tire pumps; Ski racks for vehicles;

 

• Class 016:  Sports accessories, namely, referee’s note card case and note cards; coaches' clip boards

 

• Class 017:  Photoluminescent tapes, markers and strips for use in sports fields

 

• Class 018:  Hockey sports bags;

 

• Class 021:  Water bottles sold empty

 

• Class 022:  Lanyards for holding {indicate use, e.g., eyeglasses, badges, keys}

 

• Class 025:  Athletic clothing, namely, {specify type, e.g., shirts, pants, shorts, etc.}, casual clothing, namely, {specify type, e.g., shirts, pants, shorts, etc.}, children's clothing, namely, {specify type, e.g., shirts, pants, shorts, etc.}, outdoor winter clothing, namely, {specify type, e.g., shirts, pants, jackets, etc.}, sports clothing, namely, {specify type, e.g., shirts, pants, shorts, etc.}, sports uniforms, ski clothing, namely, {specify type, e.g., shirts, pants, shorts, etc.} and dress clothing, namely, {specify type, e.g., shirts, pants, shorts, etc.}, hats, caps, shirts, t-shirts, pants, belts, jackets, jeans, socks, shoes, boots, swim suits, sweat jackets, sweat tops and sweat pants; Hockey jerseys; hockey pants;  hockey sweaters and uniforms; Footwear, namely, athletic, beach, casual, children's, exercise, golf, infant, outdoor winter, rain, ski and sports footwear; ski equipment and accessories, namely, bibs; Ski equipment and accessories, namely, ski boot bags, ski boots, ski clothing in the nature of {specify type, e.g., ski jackets, ski pants, etc.}, ski footwear, ski gloves, ski slacks, ski suits, ski vests for non-safety purposes; Water skiing equipment and accessories, namely, water skiing gloves; Baseball equipment and accessories, namely, caps, cleats, jerseys, shirts, shoes, uniforms

 

• Class 028:  Hockey equipment and accessories, namely, hockey stick bags; hockey balls, hockey gloves, hockey goal nets; ice hockey goalie pads; hockey pucks; hockey skates; hockey sticks; Sports accessories, namely, soccer balls and referee’s playing cards; Sports field equipment, namely, lineman’s corner flags and bags specially adapted for sports field corner flags; Air pumps especially adapted for use with balls for games; Needles for pumps for inflating sports equipment; ski equipment and accessories, namely, ski bindings, ski poles, storage racks for ski equipment, Water skiing equipment and accessories, namely, water ski bindings, water ski rope handles; water ski ropes, water ski rope bridges; baseball equipment and accessories, namely, baseball bats, baseball catchers' masks, baseball gloves, baseball pitching screens, and bases for baseball

 

• Class 032:  Bottled drinking water

 

For assistance with identifying and classifying goods and 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. 

 

Although identifications of goods and/or services may be amended 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.

 

If applicant adopts the suggested amendment of the identification of goods and/or services, then applicant must amend the classification to International Class 007, 009, 012, 016, 017, 018, 021, 022, 025, 028, and 032.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401.

 

Multiple Class Application Requirements

 

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).

 

Claim of Ownership Requirement

 

A prior registration is under the applicant’s name.  If applicant is the owner of U.S. Registration No. 3712102, then applicant must submit a claim of ownership.  37 C.F.R. §2.36; TMEP §812.  The following standard format is suggested:

 

Applicant is the owner of U.S. Registration No. 3712102.

 

Foreign Registration Certificate Requirement

 

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). 

 

RESPONSE GUIDELINES

 

Applicant should include the following information on all correspondence with the Office:  (1) the name and law office number of the trademark examining attorney, (2) the serial number and filing date of the application, (3) the date of issuance 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).

 

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.

 

 

/mvaghani/

Mayur Vaghani

Examining Attorney

Law Office 102

Phone: (571) 272-1615

Fax: (571) 273-9102

mayur.vaghani@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 10/18/2013 FOR U.S. APPLICATION SERIAL NO. 86040035

 

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 10/18/2013 (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.