Informal Application

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

NOTICE OF INCOMPLETE TRADEMARK APPLICATION

 

 

Serial Number  86/175995

 

The above-referenced trademark application is being returned to you because it does not meet the minimum requirements for receiving a filing date for the reason(s) stated below.

 

 

Under 37 C.F.R. §2.21(a), the USPTO will grant a filing date to an application under §1 or §44 of the Trademark Act that is in English and contains all of the following:

 

(1) the name of the applicant;

(2) a name and address for correspondence;

(3) a clear drawing of the mark;

(4) a listing of the goods or services; and

(5) the filing fee for at least one class of goods or services.

 

In this case, the application does not contain a listing of recognizable goods and/or services in connection with which the mark will be used.  Note also that the filing date will be denied if the identification of goods or services is blank or recites only the following:

 

(1) the mark itself;

(2) a class number;

(3) wording such as “company name,” “corporate name” or “company logo;”

(4) “Internet services” or “e-commerce services;”

(5) “business” or “business services;”

(6) “miscellaneous” or “miscellaneous services;” or

(7) “personal services.”

 

Please note that only goods and/or services listed in the proper field on a TEAS or TEAS Plus application will be considered for determining whether the application meets the requirements for receipt of a filing date.  Trademark Manual of Examining Procedure (TMEP) §§202.02 and 1402.02.

 

The USPTO maintains a listing of acceptable identifications of goods and services in the Acceptable Identification of Goods and Services Manual.  The Manual contains precise identifications that will be accepted and also indicates the kinds of identifications that will be acceptable for products and services not covered by the existing listings.  The Manual can be downloaded free of charge from the USPTO website at http://www.uspto.gov.

 

It is also noted that you applied for a certification mark.  “Certification marks” are:

 

• used by a person other than its owner, or
• which the owner has a bona fide intention to permit a person other than the owner to use in commerce and
• files an application to register on the principal register
• to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person’s goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.

 

In a certification mark application, the goods or services that are certified may be identified less specifically than in an application for a trademark or service mark.

Ordinarily it is only necessary to indicate general kinds of goods and services, such as food, agricultural commodities, electrical products, textile materials, printed material, or insurance agency services, machinery repair, restaurant services. However, if the certification program itself is limited to specific goods or services, for example, wine, wood doors, bakery machinery, the identification in the application should be more specific.  TMEP §1306.06(f). 

 

The serial number assigned to this application has been cancelled and the fee paid for the application will be refunded to you in due course.

 

You may file a new application containing the required element(s).  If you are not applying for a mark that will be used by others, you may file a new application for a trademark rather than a certification mark.  The United States Patent and Trademark Office recommends that new applications be filed using the Trademark Electronic Application System (TEAS), available over the Internet at http://www.uspto.gov.

 

 

 

 

                                                            Commissioner for Trademarks

                                                            P.O. Box 1451

                                                            Alexandria, VA 22313-1415

 

Instructions for applications returned in error:  If you believe this application was returned in error, you may file a request to restore the filing date.  First, you should re-file your application, including the required application filing fee.  The Office recommends using the Trademark Electronic Application System (TEAS) located at http://www.gov.uspto.report/teas/index.html.

 

After you re-file the application and receive a new serial number, fax your request to restore the original filing date to the Petitions Office at 571-273-8950.  This request should state the reasons why you believe the filing date was denied in error and must include (1) the new serial number and (2) a copy of this Notice of Incomplete Trademark Application.  Although applicants have two (2) months from the mailing date of this notice to file a request to restore the original filing date, the request should be filed immediately upon receipt of the new serial number to ensure that it will be processed in a timely manner.

If you have any questions, please call the Trademark Assistance Center (TAC) at 1-800-786-9199, or send an email to TrademarkAssistanceCenter@uspto.gov.  Please visit the USPTO website at http://www.uspto.gov for a list of trademark services available electronically.