To: | DZINESQUARE, INC. (jack@fritzlawfirm.net) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86237908 - HEAVY HITTERS - N/A |
Sent: | 1/26/2015 8:37:48 PM |
Sent As: | ECOM113@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86237908
MARK: HEAVY HITTERS
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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: DZINESQUARE, INC.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
ISSUE/MAILING DATE: 1/26/2015
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: Applicant filed a response on January 9, 2015 that appears to have been improperly signed by a different attorney from a different firm than the attorney(s) of record in this application. See 37 C.F.R. §2.18(a)(7). If applicant has retained a new attorney, the new attorney may not sign responses until applicant files a new power and/or revocation of attorney. See 37 C.F.R. §2.18(a)(7); TMEP §604.03. 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 9, 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.
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).
GUIDELINES FOR SIGNING RESPONSES
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. However, if applicant is initially represented by an attorney, and then later retains a different attorney from a different firm, the newly retained attorney may not sign responses until applicant files a new power and/or revocation of attorney. See 37 C.F.R. §2.18(a)(7); TMEP §604.03.
In addition, 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).
/kristindahling/
Kristin M. Dahling
Trademark Examining Attorney, LO113
kristin.dahling@uspto.gov
(571) 272-8277
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.
Please wait at least 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.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $50 per international class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone without incurring this additional fee.