UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

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: 10/31/2014

 

 

 

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issues below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

LIKELIHOOD OF CONFUSION – PARTIAL REFUSALS:

 

THE REFUSAL BASED ON U.S. REGISTRATION NO. 3150314 IS LIMITED TO –

 

• Class 35:  Advertising; Business management; Business administration; Office administration services; Marketing research and studies; Online advertising services for others; Direct mail advertising services; Dissemination of advertising matter; Marketing and promotion services; Accounting services; Business advice and information; Business consulting

 

IF THE APPLICANT DELETES THESE SERVICES, THEN THE REFUSAL WILL BE WITHDRAWN.

 

 

 

THE REFUSAL BASED ON U.S. REGISTRATION NOS. 3207563 & 4576613 IS LIMITED TO - 

 

• Class 35: Advertising; Business management; Business administration; Office administration services; Marketing research and studies; Online advertising services for others; Direct mail advertising services; Dissemination of advertising matter; Marketing and promotion services; Accounting services; Promotion of venues, musical performers, sporting events, musical concerts and entertainment events of others; Business advice and information; Business consulting.

 

IF THE APPLICANT DELETES THESE SERVICES, THEN THE REFUSAL WILL BE WITHDRAWN.

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 3150314, 3207563, & 4576613.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the enclosed registrations.

 

Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely a potential consumer would be confused, mistaken, or deceived as to the source of the goods and/or services of the applicant and registrant.  See 15 U.S.C. §1052(d).  A determination of likelihood of confusion under Section 2(d) is made on a case-by case basis and the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973) aid in this determination.  Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d 1344, 1349, 98 USPQ2d 1253, 1256 (Fed. Cir. 2011) (citing On-Line Careline, Inc. v. Am. Online, Inc., 229 F.3d 1080, 1085, 56 USPQ2d 1471, 1474 (Fed. Cir. 2000)).  Not all the du Pont factors, however, are necessarily relevant or of equal weight, and any one of the factors may control in a given case, depending upon the evidence of record.  Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d at 1355, 98 USPQ2d at 1260; In re Majestic Distilling Co., 315 F.3d 1311, 1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont de Nemours & Co., 476 F.2d at 1361-62, 177 USPQ at 567.

 

In this case, the following factors are the most relevant:  similarity of the marks, similarity and nature of the goods and/or services, and similarity of the trade channels of the goods and/or services.  See In re Viterra Inc., 671 F.3d 1358, 1361-62, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); In re Dakin’s Miniatures Inc., 59 USPQ2d 1593, 1595-96 (TTAB 1999); TMEP §§1207.01 et seq.

 

Applicant’ mark consists of the stylized word “DICE” in a diamond border.  With regard to the services subject to this refusal, please see above bold heading. 

 

The cited marks are:

 

DICE for “providing business project management consulting services, namely predicting project outcomes and modifying project implementation to increase likelihood of success in business transformation projects.”  (Reg. No. 3150314).  The registrant is The Boston Consulting Group, Inc.  

 

D.I.C.E. for “Arranging and conducting business conferences; organizing exhibitions in the field of interactive entertainment and video and computer games for business and commercial purposes; organizing exhibitions for commercial or advertising purposes; advertising, marketing, and promoting the goods and services of others.” (Reg. No. 4576613).

 

D.I.C.E. SUMMIT for “Arranging and conducting trade shows in the field of computer games and video games design, development, technology, programming, graphics, animation, audio, theory, marketing, and sales.”  (Reg. No. 3207563).

 

Reg. Nos. 3207563 & 4576613 are all owned by Academy of Interactive Arts and Sciences.

 

The respective marks are highly similar.  With regard to Reg. No. 3150314, both marks feature the identical literal element DICE.  As for Reg. Nos. 3207563 & 4576613, applicant’s DICE is highly similar to registrant’s D.I.C.E.  The marks are both pronounced as “dice”.  All the marks conjure up the imagery of a small cube that has one to six dots on each side. 

 

For a composite mark containing both words and a design, the word portion may be more likely to be impressed upon a purchaser’s memory and to be used when requesting the goods and/or services.  Joel Gott Wines, LLC v. Rehoboth Von Gott, Inc., 107 USPQ2d 1424, 1431 (TTAB 2013) (citing In re Dakin’s Miniatures, Inc., 59 USPQ2d 1593, 1596 (TTAB 1999)); TMEP §1207.01(c)(ii); see In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908, 1911 (Fed. Cir. 2012) (citing CBS Inc. v. Morrow, 708 F. 2d 1579, 1581-82, 218 USPQ 198, 200 (Fed. Cir 1983)).  Thus, although such marks must be compared in their entireties, the word portion is often considered the dominant feature and is accorded greater weight in determining whether marks are confusingly similar, even where the word portion has been disclaimed.  In re Viterra Inc., 671 F.3d at 1366, 101 USPQ2d at 1911 (Fed. Cir. 2012) (citing Giant Food, Inc. v. Nation’s Foodservice, Inc., 710 F.2d 1565, 1570-71, 218 USPQ2d 390, 395 (Fed. Cir. 1983)).  As such, the presence of the diamond border in applicant’s mark does not diminish the overall similarities of the marks at issue. 

 

The services of the respective parties are closely related. 

 

With regard to Reg. Nos. 3207563 & 4576613, both parties provide advertising, marketing and promotional related services.  Indeed, registrant’s ID includes the broad wording “advertising, marketing, and promoting the goods and services of others”.  Applicant’s ID also includes the phrases “advertising”, “marketing”, and “promotion” services. 

 

With regard to Reg. No. 3150314, registrant’s ID is for “business project management consulting” related services.  “Project management” means “The body of knowledge concerned with principles, techniques, and tools used in planning, control, monitoring, and review of projects.”  See attachments from <http://www.businessdictionary.com/definition/project-management.html>.  Here, registrant’s services focuses on planning, controlling, monitoring, and reviewing business projects.  Noteworthy is the fact that registrant offers “marketing & sales” consulting services and “management” services. See attachments from <http://www.bcg.com/expertise_impact/capabilities/Marketing_Sales/default.aspx>.  Applicant’s ID is for marketing and management related services. 

 

For the reasons discussed above, registration is refused pursuant to Section 2(d) of the Trademark Act.

 

RESPONSE:

 

Although the trademark examining attorney has refused registration, applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.

 

POTENTIAL 2(d) REFUSAL:

 

The filing date of pending U.S. Application Serial No. 85774914 precedes applicant’s filing date.  See attached referenced application.  If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks.  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced application.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

 

SIGNIFICANCE INQUIRY:

 

Applicant must specify whether the wording “DICE” has any significance as applied to the goods and services described in the application, or if such wording is a “term of art” within applicant’s industry.  See 37 C.F.R. §2.61(b); TMEP §814.

 

Failure to respond to a request for information is an additional ground for refusing registration.  See In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship LLP, 67 USPQ2d 1699, 1701 (TTAB 2003); TMEP §814.

 

REQUEST FOR MORE INFORMATION:

 

To permit proper examination of the application, applicant must submit additional information about the goods and services.  See 37 C.F.R. §2.61(b); In re AOP LLC, 107 USPQ2d 1644, 1650-51 (TTAB 2013); In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004); TMEP §814.  The requested information should include fact sheets, instruction manuals, brochures, and/or advertisements.  If these materials are unavailable, applicant should submit similar documentation for goods and services of the same type, explaining how its own product or services will differ.  If the goods and services feature new technology and no information regarding competing goods and services is available, applicant must provide a detailed factual description of the goods and services.

 

Factual information about the goods must make clear how they operate, salient features, and prospective customers and channels of trade.  For the services, the factual information must make clear what the services are and how they are rendered, salient features, and prospective customers and channels of trade.  Conclusory statements will not satisfy this requirement for information.

 

Failure to comply with a request for information can be grounds for refusing registration.  In re AOP LLC, 107 USPQ2d at 1651; In re DTI P’ship LLP, 67 USPQ2d at 1701-02; TMEP §814.  Merely stating that information about the goods and services is available on applicant’s website is an inappropriate response to a request for additional information and is insufficient to make the relevant information of record.  See In re Planalytics, Inc., 70 USPQ2d at 1457-58.

 

Applicant must answer the following questions:

 

1. Do applicant’s goods and services feature a dice?  Please explain.

 

2. Do applicant’s goods and services feature a small cube that has one to six dots on each side?  Please explain. 

 

COMPLETE MARK DESCRIPTION REQUIRED:

 

The description of the mark is accurate but incomplete because it does not describe all the significant aspects of the applied-for mark.  Applications for marks not in standard characters must include an accurate and concise description of the entire mark that identifies literal elements as well as any design elements.  See 37 C.F.R. §2.37; TMEP §§808 et seq. 

 

Therefore, applicant must provide a more complete description of the applied-for mark.  The following is suggested:

 

The mark consists of the stylized word “DICE” in a diamond border.

 

DUAL FILING BASIS:

 

The application specifies both an intent to use basis under Trademark Act Section 1(b) and a claim of priority under Section 44(d) based on a foreign application.  See 15 U.S.C. §§1051(b), 1126(d); 37 C.F.R. §2.34(a)(2), (a)(4).  However, no copy of a foreign registration has been provided even though the application indicates applicant’s intent to rely on Section 44(e) as an additional basis for registration.  See 15 U.S.C. §1126(e).

 

An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an applicant’s country of origin.  15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004, 1004.01, 1016.  In addition, an applicant’s country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law.  15 U.S.C. §1126(b); TMEP §§1002.01, 1004.

 

Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available.  TMEP §1003.04(a).  A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in applicant’s country of origin.  TMEP §1004.01.  If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to applicant’s country of origin.  TMEP §1016.  In addition, applicant must also provide an English translation if the foreign registration is not written in English.  37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b).  The translation should be signed by the translator.  TMEP §1004.01(b).

 

If the foreign registration has not yet issued, or applicant requires additional time to procure a copy of the foreign registration (and English translation, as appropriate), applicant should so inform the trademark examining attorney and request that the U.S. application be suspended until a copy of the foreign registration is available.  TMEP §§716.02(b), 1003.04(b).

 

If applicant cannot satisfy the requirements of a Section 44(e) basis, applicant may request that the mark be approved for publication based solely on the Section 1(b) basis.  See 15 U.S.C. §§1051(b), 1126(e); 37 C.F.R. §2.35(b)(1); TMEP §§806.02(f), 806.04(b), 1003.04(b).  Although the mark may be approved for publication on the Section 1(b) basis, it will not register until an acceptable allegation of use has been filed.  See 15 U.S.C. §1051(c)-(d); 37 C.F.R. §§2.76, 2.88; TMEP §1103.  Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration.  See 37 C.F.R. §2.35(b)(1), (4); TMEP §§806.02(f), 806.04(b). 

 

IDENTIFICATION OF GOODS & SERVICES – CLASSES 9 & 41 ONLY:

 

Class 9 -

 

In Class 9, applicant’s identification is: “Computers; Electronic databases in the field of the sale and exchange of tickets; Computer servers; Computer screen saver software; Digital media, namely downloadable audio and video recordings in the field of the sale and exchange of tickets; Electronic publications, namely, books, magazines, and newsletters in the field of entertainment, sports, music, theatre, art events, television shows, motion pictures, art exhibitions, public shows, lectures and other entertainment, cultural and educational events; Downloadable musical sound recordings; Downloadable images in the field of entertainment, sports, music, theatre, art events, television shows, motion pictures, art exhibitions, public shows, lectures and other entertainment, cultural and educational events; Downloadable MP3 files and MP3 recordings in the field of entertainment, sports, music, theatre, art events, television shows, motion pictures, art exhibitions, public shows, lectures and other entertainment, cultural and educational events; Downloadable podcasts in the field of entertainment, sports, music, theatre, art events, television shows, motion pictures, art exhibitions, public shows, lectures and other entertainment, cultural and educational events; audio books in the field of the sale and exchange of tickets; Carrying cases, covers and sleeves for laptops and tablet computers, electronic books, CD and DVD players and MP3 players; Printers; Electronic and electrical apparatus, namely, ticket issuing, reading and recording machines; Vending machines.” 

 

The following wording is unacceptable:

 

“Electronic databases in the field of the sale and exchange of tickets” is indefinite.  Applicant must specify whether the databases are downloadable or recorded on computer media or an online searchable database. See below for suggestion. 

 

“Electronic publications, namely, books, magazines, and newsletters in the field of entertainment, sports, music, theatre, art events, television shows, motion pictures, art exhibitions, public shows, lectures and other entertainment, cultural and educational events” is indefinite and falls in multiple classes.  Applicant must state whether the publications are downloadable (Cl. 9) or non-downloadable (Cl. 41).  Further, the fields of theatre, entertainment, public shows, lectures and other entertainment, cultural and educational events are indefinite.  More specificity is required.  See below for suggestions. 

 

The fields of theatre, entertainment, public shows, lectures and other entertainment, cultural and educational events are indefinite.  More specificity is required.  See below for suggestions. 

 

“Vending machines” belongs in Class 7.  Proper classification of goods and services is a purely administrative matter within the sole discretion of the United States Patent and Trademark Office.  In re Tee-Pak, Inc., 164 USPQ 88, 89 (TTAB 1969).

 

Taking the above together, applicant may adopt the following:

 

Class 7:  Vending machines

 

Class 9: Computers; Electronic databases in the field of the sale and exchange of tickets recorded on computer media; Computer servers; Computer screen saver software; Digital media, namely, downloadable audio and video recordings in the field of the sale and exchange of tickets; downloadable electronic publications, namely, books, magazines, and newsletters in the field of entertainment music performances, sports, music, theatre shows, art events, television shows, motion pictures, art exhibitions, public music concert shows, popular culture lectures,  and entertainment, cultural and educational events in the nature of music and film festivals; Downloadable musical sound recordings; Downloadable images in the field of entertainment music performances, sports, music, theatre shows, art events, television shows, motion pictures, art exhibitions, public music concert shows, popular culture lectures,  and entertainment, cultural and educational events in the nature of music and film festivals; Downloadable MP3 files and MP3 recordings in the field of entertainment music performances, sports, music, theatre shows, art events, television shows, motion pictures, art exhibitions, public music concert shows, popular culture lectures,  and entertainment, cultural and educational events in the nature of music and film festivals; Downloadable podcasts in the field of entertainment music performances, sports, music, theatre shows, art events, television shows, motion pictures, art exhibitions, public music concert shows, popular culture lectures,  and entertainment, cultural and educational events in the nature of music and film festivals; audio books in the field of the sale and exchange of tickets; Carrying cases, covers and sleeves for laptops and tablet computers, electronic books, CD and DVD players and MP3 players; Printers; Electronic and electrical apparatus, namely, ticket issuing, reading and recording machines

 

Class 35: Providing an on-line searchable database in the field of purchasing tickets to entertainment events for others

 

Class 41:  Non-downloadable electronic publications, namely, books, magazines, and newsletters in the field of entertainment music performances, sports, music, theatre shows, art events, television shows, motion pictures, art exhibitions, public music concert shows, popular culture lectures,  and entertainment, cultural and educational events in the nature of music and film festivals

 

TMEP §1402.01.

 

Class 41 -

 

In Class 41, applicant’s identification is: “Musical and event booking agency services; Ticket agency services for entertainment events; Booking of seats for shows and sports events; Ticket reservation and booking services for entertainment, sporting and cultural events; On-line admission ticket agency services for entertainment, educational, sporting and cultural events; Providing an Internet website portal featuring links to musical artist websites and music performance ticket information; Providing on-line publications in the nature of magazines, books and newsletters in the field of entertainment, sports, music, theatre, art events, television shows, motion pictures, art exhibitions, public shows, lectures and other entertainment, cultural and educational events; Publishing of electronic publications.” 

 

The following wording is unacceptable:

 

“. . . event booking agency services” is indefinite.  The type of event must be further described.   Applicant may adopt the following identification of services, if accurate:  “musical event and entertainment event booking agencies” in Class 41.  See TMEP §1402.01.

 

The fields of theatre, entertainment, public shows, lectures and other entertainment, cultural and educational events are indefinite.  More specificity is required.  See below for suggestions.

 

Taking the above together, applicant may adopt the following:

 

Class 41: Musical event and entertainment event booking agencies; Ticket agency services for entertainment events; Booking of seats for shows and sports events; Ticket reservation and booking services for entertainment, sporting and cultural events; On-line admission ticket agency services for entertainment, educational, sporting and cultural events; Providing an Internet website portal featuring links to musical artist websites and music performance ticket information; Providing on-line publications in the nature of magazines, books and newsletters in the field of entertainment music performances, sports, music, theatre shows, art events, television shows, motion pictures, art exhibitions, public music concert shows, popular culture lectures,  and entertainment, cultural and educational events in the nature of music and film festivals; Publishing of electronic publications

 

TMEP §1402.01.

 

For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html.  See TMEP §1402.04.

 

An applicant may only amend an identification to clarify or limit the goods and/or services, but not to add to or broaden the scope of the goods and/or services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.

 

MULTI-CLASS REQUIREMENTS:

 

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Sections 1(b) and 44:

 

(1)       List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)       Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule at http://www.gov.uspto.report/trademarks/tm_fee_info.jsp).  The application identifies goods and/or services that are classified in at least 4 classes; however, applicant submitted a fees sufficient for only 3 classes.  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

For an overview of the requirements for a Sections 1(b) and 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/multiclass.jsp.

 

FEES FOR ADDITIONAL CLASSES:

 

The filing fees for adding classes to an application are as follows:

 

(1)  A $325 fee per class, when the fees are submitted with an electronic response filed online at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp, via the Trademark Electronic Application System (TEAS).

 

(2)  A $375 fee per class, when the fees are submitted with a paper response.

 

37 C.F.R. §2.6(a)(1)(i)-(ii); TMEP §§810, 1403.02(c).

 

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

 

/Simon Teng/

Simon Teng

Trademark Examining Attorney

Law Office 105

(571) 272-4930

simon.teng@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 10/31/2014 FOR U.S. APPLICATION SERIAL NO. 86338355

 

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 10/31/2014 (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.