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:  January 9, 2020

The Section 7(h) Request for Correction submitted on December 13, 2019 is not accepted for the reasons set forth below.

Office records continue to show MobileSleepDoc, LLC as the owner of the registration and the corrected registration will issue in that name unless a change in ownership is recorded with the Assignment Division of the Office.  37 C.F.R. §3.85; TMEP §§502.03 and 1609.10 et seq.  Although the party who filed the Section 7(h) Request for Correction has submitted sufficient evidence to show its ownership of the subject registration, this ownership information does not appear to have been recorded with the Assignment Division. 

The party who filed the Section 7(h) Request for Correction has six months from the issuance date of this Office action to record the assignment with the Assignment Division of the Office, and to notify the undersigned paralegal of this action.  If this party does not intend to record the change, then this party must so notify the undersigned paralegal via telephone to ensure the prompt issuance of the corrected registration in the name of the owner of record.

Also, the owner must submit the filing fee for the submitted Section 7(h) Request for Correction.  15 U.S.C. §1057(h); 37 C.F.R. §§2.6, 2.175(a); TMEP §1609.10(b).  The fee for filing a Section 7(h) Request for Correction is $100 for filings submitted online using the Trademark Electronic Application System (“TEAS”) and $200 for filings submitted on paper.  37 C.F.R. §2.6.  The required fee was not submitted.

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 Request for Correction, 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 Request for Correction will be considered abandoned.  37 C.F.R. §2.176. 

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.

/Burnie Gillis/

Burnie Gillis

Trademark Specialist

Post Registration

Tel #571-272-9526

Burnie.Gillis@USPTO.GOV

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.