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:  December 26, 2019

The Sections 8 & 15 Combined Affidavit submitted on 11/12/2019, cannot be accepted or acknowledged for the reasons set forth below.

Attorney bar information required. 

The owner’s/holder’s primary attorney of record must provide the following bar information:  (1) his or her bar membership number, if the bar provides one; (2) the name of the U.S. state, commonwealth, or territory of his or her bar membership; and (3) the year of his or her admission to the bar.  37 C.F.R. §2.17(b)(3).  This information is required for all U.S.-licensed attorneys who are the primary attorney of record for trademark owners/holders at the USPTO.  Id.  If the attorney’s bar does not issue bar membership numbers, the owner/holder must state this for the record.  See id.

To provide bar information.  The owner’s/holder’s primary attorney of record should provide his or her bar information by using the Revocation of Attorney and/or Appointment of Attorney/Domestic Representative form.  The newly appointed attorney must submit a TEAS Response to Office Action for Post-Registration Matters form indicating that the attorney appointment form has been submitted and address all other refusals or requirements in this action, if any.  Bar information provided in any other area of the form will be viewable by the public in USPTO records.

Attorney statement required.  The owner’s/holder’s primary attorney of record must provide the following statement:  “I am an attorney who is an active member in good standing of the bar of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).”  See 37 C.F.R. §2.17(b)(3).  This is required for all U.S.-licensed attorneys who are the primary attorney of record for trademark owners/holders at the USPTO.  Id. 

RESPONSE TIME DEADLINE:  A complete response must be received within 6 months from the issuance date of this Office action or prior to expiration of the 6^th year anniversary date on 10/07/2020, whichever is later.  The owner must respond to all inquiries set forth in this Office action to avoid cancellation of the registration.  If a response is not received, and there is no time remaining in the grace period to file a new affidavit, the registration will be cancelled in its entirety.  37 C.F.R. §2.163(b)-(c); TMEP §1604.16.

ADVISORY:  If a response to this Office action is not filed within the response deadline above, and time remains in the grace period, the owner may avoid cancellation of its registration by filing a new affidavit of use within the grace period.  37 C.F.R. §2.163(c).  Additional fees are required to file a new affidavit during the grace period.  37 C.F.R. §2.161(d)(1)-(2).  For more information about this, please contact the undersigned.

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.

/Joyce Conley/

Joyce Conley

Trademark Specialist

Post Registration

571-272-9520 Office

571-273-9520 Fax

Joyce.conley@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.