To: | Trendway Corporation (ackertt@millerjohnson.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86233823 - QUELLO - 27946-1 |
Sent: | 1/20/2015 7:34:55 PM |
Sent As: | ECOM117@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86233823
MARK: QUELLO
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Trendway Corporation
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 1/20/2015
In the Office action of June 29, 2014, the following issues were raised: 1) refusal to register under Section 2(e) (4) of The Trademark Act on the grounds that applicant’s mark is primarily merely a surname; 2) requirement for applicant to state applicant’s state of incorporation.
In its response of December 23, 2014, applicant has sought to overcome the surname refusal by amending the application to the Supplemental Register. However, the amendment to the Supplemental Register is not accepted because a requirement of amending an application to The Supplemental Register is the requirement to file an Amendment Alleging Use which applicant has not filed.
In addition, applicant has not addressed the requirement that applicant’s state of incorporation be stated.
Therefore, the refusal to register under Section 2(e) (4) of the Trademark Act is continued pending the filing of an acceptable Amendment Alleging Use. The requirement for applicant to state its state of incorporation is also continued.
/Lucy Arant/
Trademark Examining Attorney
LO117
571-272-3542
lucy.arant@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.