Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

 

ISSUE/MAILING DATE: 1/20/2015

 

STRICT DEADLINE TO RESPOND TO THIS LETTER:  To avoid abandonment of applicant’s trademark application, the USPTO must receive a properly signed response within (1) thirty (30) days of the date of issuance of this letter, or (2) the time remaining in the six-month period for responding to the previous Office action, whichever is longer.

 

NOTICE OF INCOMPLETE RESPONSE

 

The problem with applicant’s response:  On January 13, 2015, the applicant instituted an appeal and filed a response requesting reconsideration.  However, the filings appear to have been improperly signed by a different attorney from a different firm than the attorney of record in this application.  See 37 C.F.R. §2.18(a)(7).

 

On the same date, the attorney Matthew Swyers signed filings revoking the power of the attorney originally listed in the record for the application.  This is not permissible, as a new attorney cannot sign the revocation of the previous attorney of record.  TMEP §606.

 

If applicant has retained a new attorney, the new attorney may not sign responses until applicant files a new, properly-signed power and/or revocation of attorney.  See 37 C.F.R. §2.18(a)(7); TMEP §§604.03.

 

For these reasons, the revocations and filings made on January 13, 2015, are not valid.  The USPTO cannot accept an improperly signed response; therefore, the contents will not be reviewed.  See 37 C.F.R. §§2.62(b), 2.193(e)(2); TMEP §§712.03, 718.03. 

 

What applicant must do to fix the problem:  Applicant must satisfy one of the following: 

 

(1)  Submit a response properly signed by applicant’s current attorney of record.

 

(2)  File a revocation of attorney signed by applicant and then resubmit a response properly signed by the new attorney.

 

(3)  File a power of attorney signed by applicant and then resubmit a response properly signed by the new attorney.

 

See 37 C.F.R. §§2.17(b)(1)(i), (c), 2.19(a)(2), 2.62(b), 2.193(e)(2)(i). 

 

The resubmitted response must explicitly address and respond to all the issues raised in the outstanding Office action dated July 16, 2014.  See 37 C.F.R. §2.65(a); TMEP §718.03.  The USPTO must receive a properly signed response per the above within (1) thirty (30) days of the date of issuance of this letter, or (2) the time remaining in the six-month period for responding to the previous Office action, whichever is longer.  See 37 C.F.R. §§2.62(a), 2.65(a)(2); TMEP §§712.03, 718.03(b). 

 

Applicant is encouraged to respond online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/trademarks/teas/index.jsp.  To respond via TEAS, applicant must complete the entire response form again, responding to all issues raised in the outstanding Office action.  Revocations and powers of attorney forms can also be filed online at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

If the outstanding Office action was a final Office action, please note that the granting of additional time to perfect a response does not extend the time for filing an appeal to the Trademark Trial and Appeal Board under 37 C.F.R. §§2.141, 2.142 or a petition to the Director under 37 C.F.R. §2.146.  37 C.F.R. §2.63(b)(3); TMEP §718.03(b).  An applicant must file a notice of appeal or petition within six months of the issuance date of a final action.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.63(b)(2), 2.142(a), 2.146(d).

 

What happens if the USPTO does not receive a properly signed response within the specified time period:  If applicant does not properly respond within the specified time period, this application will be abandoned because applicant filed an incomplete response.  37 C.F.R. §2.65(a); TMEP §§715.03(a)(ii)(E), 718.03.  In such case, applicant may file a petition to the Director to request a reversal of the decision to abandon the application.  TMEP §§718.03(b), 1713.01-.02; see 37 C.F.R. §2.146(a)(3).  The petition must be filed within two months of the date of issuance of the notice of abandonment and may be filed online at http://www.gov.uspto.report/trademarks/teas/petition_forms.jsp.  See 37 C.F.R. §§2.66(a)(1), 2.146(d); TMEP §§1705.04, 1714.01(a), (d).  A $100 fee for such a petition is required.  See 37 C.F.R. §2.6(a)(15).

 

RESPONDING TO THE OFFICE ACTION

 

The proper signatory must personally sign or personally enter his or her electronic signature.  See 37 C.F.R. §2.193(a), (e)(2); TMEP §§611.01(b), 611.02.  The name of the signatory must also be printed or typed immediately below or adjacent to the signature, or identified elsewhere in the filing.  37 C.F.R. §2.193(d); TMEP §611.01(b).

 

Where an applicant is represented by an attorney who may practice before the USPTO, the attorney must sign the response.  37 C.F.R. §2.193(e)(2)(i); TMEP §§611.03(b), 712.01.  The only attorneys who may sign responses and otherwise practice before the USPTO in trademark matters are (1) attorneys in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other federal territories and possessions of the United States; and (2) Canadian agents/attorneys who represent applicants located in Canada and (a) are registered with the USPTO and in good standing as patent agents or (b) have been granted reciprocal recognition by the USPTO.  See 37 C.F.R. §§2.17(e), 2.62(b), 11.1, 11.5(b)(2), 11.14(a), (c); TMEP §§602, 712.01.  Foreign attorneys, other than authorized Canadian attorneys, do not have authority to sign responses or otherwise represent applicants before the USPTO.  See 37 C.F.R. §§2.17(e), 11.5(b)(2), 11.14(c), (e); TMEP §§602.03(b)-(c), 712.03.

 

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. §§2.62(c), 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.

 

 

/Cory Boone/

Cory Boone

Trademark Examining Attorney

Law Office 104

Phone: (571) 270-1510

Fax: (571) 270-2510

cory.boone@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 1/20/2015 FOR U.S. APPLICATION SERIAL NO. 86077468

 

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 1/20/2015 (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.