| To: | Amazon Technologies, Inc. (docket@amazon.com) |
| Subject: | U.S. TRADEMARK APPLICATION NO. 86425996 - AMAZON - TMKM4704 |
| Sent: | 2/4/2015 5:16:33 PM |
| Sent As: | ECOM105@USPTO.GOV |
| Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
|
U.S. APPLICATION SERIAL NO. 86425996
MARK: AMAZON
|
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
|
APPLICANT: Amazon Technologies, Inc.
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
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: 2/4/2015
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SUMMARY OF ISSUES that applicant must address:
PARTIAL REFUSAL: SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION WITH REGARD TO ADVERTISING, MARKETING, AND PROMOTION SERVICES
This partial refusal applies only to the services specified herein
Applicant has applied for the mark AMAZON in International Class 35 for a variety of services, including advertising, marketing, and promotion services. Please be aware that the stated refusal refers only to the following services and does not bar registration for any other services listed in the application:
Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 2264038. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the enclosed registration.
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.
The applicant has applied for the mark AMAZON. The cited mark is AMAZON ADVERTISING, owned by Amazon Advertising, LLC.
In a likelihood of confusion determination, the marks in their entireties are compared for similarities in appearance, sound, connotation, and commercial impression. In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973); TMEP §1207.01(b)-(b)(v).
In this case, the most significant element of the marks for likelihood of confusion purposes is the term "Amazon." Applicant's mark contains the phrase as well as a design element, while registrant's mark contains the term following by the disclaimed wording "Advertising."
Although marks are compared in their entireties, one feature of a mark may be more significant or dominant in creating a commercial impression. See In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); In re Nat’l Data Corp., 753 F.2d 1056, 1058, 224 USPQ 749, 751 (Fed. Cir. 1985); TMEP §1207.01(b)(viii), (c)(ii). Disclaimed matter that is descriptive of or generic for a party’s goods and/or services is typically less significant or less dominant when comparing marks. See In re Dixie Rests., Inc., 105 F.3d 1405, 1407, 41 USPQ2d 1531, 1533-34 (Fed. Cir. 1997); In re Nat’l Data Corp., 753 F.2d at 1060, 224 USPQ at 752; TMEP §1207.01(b)(viii), (c)(ii). Thus, the dominant element of the registered mark is the term "Amazon."
Applicant has omitted the generic wording "Advertising" from its mark. Please note, however, that the mere deletion of wording from a registered mark may not be sufficient to overcome a likelihood of confusion. See In re Mighty Leaf Tea, 601 F.3d 1342, 94 USPQ2d 1257 (Fed. Cir. 2010); In re Optica Int’l, 196 USPQ 775, 778 (TTAB 1977); TMEP §1207.01(b)(ii)-(iii). Applicant’s mark does not create a distinct commercial impression because it contains the same common wording as the registered mark, and there is no other wording to distinguish it from the registered mark.
Given the above, the marks at issue are substantially similar in terms of appearance and sound. In addition, the connotation and commercial impression of the marks do not differ when considered in connection with applicant’s and registrant’s respective goods and/or services. Therefore, the marks are confusingly similar.
Relatedness of the Services
The applicant's services at issue are advertising, marketing, and promotion services in Class 35. The registrant's services are "preparing advertisements for others," also in Class 35. The services provided by the parties are therefore closely related.
To establish relatedness, the services of the parties need not be identical or even competitive to find a likelihood of confusion. See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000) (“[E]ven if the goods in question are different from, and thus not related to, one another in kind, the same goods can be related in the mind of the consuming public as to the origin of the goods.”); TMEP §1207.01(a)(i). The respective goods and/or services need only be “related in some manner and/or if the circumstances surrounding their marketing [be] such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.” Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); Gen. Mills Inc. v. Fage Dairy Processing Indus. SA, 100 USPQ2d 1584, 1597 (TTAB 2011); TMEP §1207.01(a)(i).
In the present case, applicant and registrant have identical services regarding advertising. Additionally, all services at issue are related to promoting the goods and services of others, and are types of services often offered together by the same companies, and generally procured by the same class of consumer. It is likely that the consuming public would mistake the source of registrant's advertising services with the source of the applicant's advertising, marketing, and promotion services.
Absent restrictions in an application and/or registration, the identified goods and/or services are “presumed to travel in the same channels of trade to the same class of purchasers.” In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)). Additionally, unrestricted and broad identifications are presumed to encompass all goods and/or services of the type described. See In re Jump Designs, LLC, 80 USPQ2d 1370, 1374 (TTAB 2006) (citing In re Elbaum, 211 USPQ 639, 640 (TTAB 1981)); In re Linkvest S.A., 24 USPQ2d 1716, 1716 (TTAB 1992).
In this case, the identifications set forth in the application and registration(s) have no restrictions as to nature, type, channels of trade, or classes of purchasers. Therefore, it is presumed that these goods and/or services travel in all normal channels of trade, and are available to the same class of purchasers. Further, the application use(s) broad wording to describe the services and this wording is presumed to encompass all goods and/or services of the type described, including those in registrant(s)’s more narrow identification.
The applicant will note the attached copies of third-party web sites. These sites demonstrate that applicant’s and registrant's services are commonly found in the same channels of trade and frequently purchased by the same consumers. For example, the following advertising companies offer advertising, marketing, and promotion services:
The trademark examining attorney has also attached evidence from the USPTO’s X-Search database consisting of a representative sample of five (5) third-party marks registered for use in connection with the same or similar services as those of both applicant and registrant in this case. This evidence shows that the services listed therein, namely, advertising, marketing, and promotion, are all of a kind that may emanate from a single source under a single mark. See In re Anderson, 101 USPQ2d 1912, 1919 (TTAB 2012); In re Albert Trostel & Sons Co.,29 USPQ2d 1783, 1785-86 (TTAB 1993); In re Mucky Duck Mustard Co., 6 USPQ2d 1467, 1470 n.6 (TTAB 1988); TMEP §1207.01(d)(iii). See attached Reg. Nos. 4682156, 4682155, 4681940, 4681879, and 4681261.
The overriding concern is not only to prevent buyer confusion as to the source of the goods and/or services, but to protect the registrant from adverse commercial impact due to use of a similar mark by a newcomer. See In re Shell Oil Co., 992 F.2d 1204, 1208, 26 USPQ2d 1687, 1690 (Fed. Cir. 1993). Therefore, any doubt regarding a likelihood of confusion determination is resolved in favor of the registrant. TMEP §1207.01(d)(i); see Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1265, 62 USPQ2d 1001, 1003 (Fed. Cir. 2002); In re Hyper Shoppes (Ohio), Inc., 837 F.2d 463, 464-65, 6 USPQ2d 1025, 1026 (Fed. Cir. 1988).
Accordingly, the registrant's services and the applicant's services are highly related for purposes of determining the likelihood of confusion by consumers. Given the similarity of the marks and the relatedness of the goods and/or services, applicant's mark must be refused with regard to advertising, marketing, and promotion services.
ADVISORY: PARTIAL REFUSAL RESPONSE GUIDELINES
(1) Deleting the goods and/or services to which the refusal pertains;
(2) Filing a request to divide out the goods and/or services that have not been refused registration, so that the mark may proceed toward publication for opposition for those goods or services to which the refusal does not pertain. See 37 C.F.R. §2.87. See generally TMEP §§1110 et seq. (regarding the requirements for filing a request to divide). If applicant files a request to divide, then to avoid abandonment, applicant must also file a timely response to all outstanding issues in this Office action, including the refusal. 37 C.F.R. §2.87(e).; or
(3) Amending the basis for the goods and/or services identified in the refusal, if appropriate. TMEP §806.03(h). (The basis cannot be changed for applications filed under Trademark Act Section 66(a). TMEP §1904.01(a).)
ADVISORY: POTENTIAL SECTION 2(D) REFUSAL BASED UPON PRIOR-FILED APPLICATION(S)
In addition to the above-cited mark, marks in prior-filed pending application(s) may present a bar to registration of applicant’s mark.
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).
Applicant may elect whether to respond to this issue at this time. 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. Upon receipt of applicant’s response to this Office action, however, action on this application may be suspended pending final disposition of the earlier-filed referenced application(s). 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.
Applicant must also respond to the requirement(s) set forth below.
AMENDMENT OF CLASSIFICATION AND IDENTIFICATION OF SERVICES REQUIRED
Applicant's identification of services in Class 35 includes several entries that are classified incorrectly or may be classified in multiple classes. Applicant must amend the application to reclassify those misclassified services, indicated below, in Classes 36, 37, 41, 42, and 45, as accurate. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b), 1402.01, 1402.03. If applicant adds classes to the application, applicant must also meet the multiple-class application requirements, included below, for each class.
Therefore, to enable proper classification and examination of the application, applicant must specify the subject matter of the "consultancy" and “information services.”
Where the identification of services is indefinite and/or overly broad, as indicated below, applicant must clarify the language to ensure proper analysis. See TMEP §1402.01. For example, the word “sales” in the identification of services is indefinite and must be clarified. See TMEP §1402.01. To be a service, an activity must be primarily for the benefit of someone other than the applicant. See In re Reichhold Chems., Inc., 167 USPQ 376, 377 (TTAB 1970). “Sales” or “selling” is not a service rendered for the benefit of others. See TMEP §§1301.01(a)(ii), 1402.11. Therefore, applicant must delete “sale(s)” and indicate with greater specificity the nature of the service, e.g., “retail store services featuring {indicate field of goods}” “mail order services featuring {indicate field of goods}” or “on-line retail store services featuring {indicate field of goods}.”
Further, the identification of services includes a duplicate entry of the wording “Providing an on-line commercial information directory.” Applicant may either (1) modify one of these two identical descriptions of goods and/or services such that it will no longer be duplicative, or (2) delete one entry. See TMEP §707.02. However, if applicant modifies the goods and/or services, applicant may do so only to clarify or limit them; adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.
Applicant may substitute the following wording, if accurate:
Class 35: Advertising services, namely, dissemination of advertising for others via an on-line
electronic communications network; marketing services; retail store services featuring {indicate field of goods}; online retail store services featuring {indicate field of goods}; providing consumer product information via the Internet or other communications networks; computerized {specify "administrative" or "electronic"} processing of on-line purchase orders; compilation of business information
into searchable computer databases available via a global computer network; compilation of advertising information featuring the goods and services of
other on-line vendors, into an searchable on-line advertising guide; providing an on-line commercial information directory on the Internet; providing a searchable on-line advertising guide featuring the goods and services of others vendors via the Internet; on-line ordering services featuring {indicate field or type of goods}; administration of customer loyalty program services which provides {specify methods or incentives, e.g., prepaid stored value
cards, etc.}; customer loyalty program services featuring rewards in the form of discounted shipping services; administration of a discount program for
{specify program, e.g., enabling participants to obtain discounts on goods and services through use of a discount membership card}; retail services, namely, administration of a discount
program for enabling participants to obtain discounts on shipping services through use of a discount membership program and variable rate shipping program; Advertising; Business management; Business
administration; Providing office functions; Business intermediary services for the sale and purchase of goods and
services {reclassify as brokerage services in Class 36, if accurate}; Classified advertising services; Mail order sales services, namely, administrative processing of purchase orders within the framework of services provided by mail-order
companies; Retail store sale services provided by means of a global computer network featuring {indicate
specific field or type of goods}; Sales promotion for others; Business information services; Retail department stores; Retail on-line department stores; online retail store online services featuring
{indicate field or type of goods}; Retail convenience stores; Retail on-line convenience stores; Computerized on-line ordering featuring general {specify
type, e.g., "consumer"} merchandise, consumables and household goods, and general consumer goods; Providing an on-line commercial information
directory; {delete as duplicate entry} Providing a searchable database in the field of business information available via a global computer
network; Providing a searchable on-line advertising guide featuring the goods and services of other on-line vendors on the Internet; Database management
services; Computer services, namely, providing online directories for contact information for people, places, and organizations; Online searchable database services to enable others to conveniently view and {indicate specific service-related subject
matter or field, and reclassify if subject is outside the scope of Class 35} services from a website; Data storage and retrieval services for
transmitting, displaying and storing transaction, identification and financial information {reclassify in Class 42}; On-line retail and wholesale distributorship services featuring
general {specify type, e.g., "consumer"} merchandise, consumables and household goods, and general consumer goods; Automated and computerized online trading services in which seller posts products to be auctioned and bidding is done via
the Internet {if accurate, or if financial services reclassify in Class36}; On-line trading services in which seller posts products to be auctioned and
bidding is done via the Internet {if accurate, or if financial services reclassify in Class36}; Information services, namely, providing information about retail products to customers; Online
business and commercial information services; online business information services, namely analyzing an individual's preferences and providing product reviews and recommendations; Automated and
computerized trading of goods and services for others in which seller posts products to be auctioned and bidding is done via the Internet {if accurate, or if
financial services reclassify in Class36}, provided over a global communication information network; computer consultancy {reclassify in Class 42}; e-commerce services, namely, {specify Class 35 purposes, e.g., "providing information about products
via telecommunication networks for advertising and sales purposes," or reclassify in Class 36 or 45, as accurate}; website hosting {reclassify in Class 42}; Sales {specify type, e.g., "promotion"} and auction services relating to a wide range of
consumer goods; Product maintenance, namely, arranging for others the repair and replacement of consumer goods {if accurate, or reclassify as maintenance services
in Class 37}; and Extended guarantee services {reclassify in Class
36}; Subscriptions to books, reviews, or comic books; Advertising services, namely, promoting the goods and services of others; providing a searchable
on-line database featuring screenplays, music, movies, television shows, multimedia presentations, computer software, audio files, comic books, and publications {reclassify by subject in Classes
41 and 42, as accurate}; consultancy in the field of entertainment and the entertainment industry {reclassify in Class 41}; market research
and market research information services; compiling of information into computer databases; market research and business marketing information services,
namely, facilitating sharing of relevant information about entertainment and the entertainment industry; Retail store services featuring electronic games, computer games, video games, electronic game
software, computer game software, and video game software; Online retail store services featuring streamed and downloadable pre-recorded electronic games; Advertising services, namely, dissemination
of advertising for others via an on-line electronic communications network and providing an on-line commercial information directory on the Internet for
electronic game enthusiasts; Advertising and promotional services for others; managing and tracking credit card, debit card, gift card, pre-paid card, deferred
payment card, and other forms of payment transactions for business purposes {reclassify in Class 36}; issuing and providing receipts for electronic payments and payment transactions {reclassify in Class 36}; providing a web-based system and online portals in the field of
consumer-to-business commerce {specify function of system, e.g., "for consumers to enter, manage and modify their consumer preference information for use by
merchants to create and manage offers for delivery to consumers"}; business information management, namely, electronic reporting of business information regarding {specify type of information, e.g., statistics}; business data analytics services,
namely, information and analytics regarding the sale of products and services of others, and regarding the authenticating, processing and management of mobile payments; preparation of
business reports; preparing {specify "business" and/or "financial", as accurate} reports for others regarding the sale of
products and services of others; business information management, namely, electronic reporting of business analytics relating to payment processing, authentication and tracking; electronic processing
of orders for others
Class 36: Business brokerage intermediary {use common commercial name for services} services for the sale
and purchase of goods and services in the field of {indicate specific field, e.g. art, insurance, stocks, commodities} {if accurate}; Automated and computerized electronic financial trading services {if accurate};
On-line financial trading services {if accurate}; automated and computerized electronic financial trading of
goods and services for others provided over a global communication information network {if accurate}; e-commerce payment services, namely, {specify Class 36 purposes, e.g., "establishing funded accounts used to purchase goods and services on the Internet," if
accurate, or reclassify in Class 45, as accurate}; Extended warranty guarantee services, namely, {specify form,
e.g., service contracts}; Payment processing services, namely, managing and tracking credit card, debit card, gift card, pre-paid card, deferred
payment card, and other forms of payment transactions for business purposes; Payment processing services, namely, issuing and providing receipts for
electronic payments and payment transactions;
Class 37: Product maintenance of {indicate specific item, e.g. automobiles, furniture, watches}
Class 41: Providing a searchable on-line database
featuring screenplays, music, movies, television shows, multimedia presentations, computer software, audio files, comic books, and publications
{reclassify software and files in Class 42}; Consultancy in the field of entertainment and the entertainment industry
Class 42: Electronic data storage and retrieval services for transmitting, displaying and storing transaction, identification and financial information; Computer consultancy services; Online website hosting featuring {indicate subject matter or purpose}; Providing a searchable on-line database featuring computer software and audio files
Class 45: E-commerce services, namely, {specify Class 45 purposes, e.g., "providing user authentication services," if accurate, or reclassify as indicated above}
For assistance with identifying and classifying goods and 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.
NOTICE OF IMPLEMENTATION OF A NEW VERSION OF THE TENTH EDITION OF THE NICE AGREEMENT AND CORRESPONDING CHANGES TO CLASSIFICATION
Effective January 1, 2015, a new version of the Tenth Edition of the Nice Agreement changed the classification of certain goods and services. See Nice Classification, 10th ed., version 2015 (NCL 10-2015) at http://www.wipo.int/classifications/nice/en/; TMEP §1401.02(a). All applications filed on or after January 1, 2015 must comply with the Tenth Edition, version 2015. See 37 C.F.R. §2.85(e)(1); TMEP §1401.12. Applications filed prior to January 1, 2015 must comply with the edition of the Nice Agreement in effect as of the application filing date; however, an applicant may voluntarily choose to comply with the current Tenth Edition, version 2015 of the Nice Agreement. See 37 C.F.R. §2.85(e)(1)-(2); TMEP §1401.12. If applicant elects to comply with the current Tenth Edition, version 2015 of the Nice Agreement, the entire identification must comply with that version. See 37 C.F.R. §2.85(e)(2); TMEP §1401.12. The USPTO’s online U.S. Acceptable Identification of Goods and Services Manual, located at http://tess2.gov.uspto.report/netahtml/tidm.html, provides classification information for the Tenth Edition, version 2015 and also includes classification information for previous editions in notes to specific entries. See TMEP §1402.04.
ADVISORY: MULTIPLE – CLASS APPLICATION REQUIREMENTS
(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).
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class.
(4) Submit a specimen for each international class. The current specimen is acceptable for Class(es) 35; and applicant needs a specimen for Class(es) 36, 37, 41, 42, and 45.
Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and website printouts that show the mark used in the actual sale, rendering, or advertising of the services.
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.”
See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§ 2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(a) 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.
Applicant must also respond to the following additional requirement(s).
VERIFIED STATEMENT AND SIGNED DECLARATION REQUIRED
To respond to this requirement online using the Trademark Electronic Application System (TEAS) response form, answer “yes” to the TEAS response form wizard question relating to submitting a “signed declaration,” and follow the instructions within the form for signing.
To respond to this requirement on paper, via regular mail, applicant may provide the following statements and declaration at the end of the response, personally signed by a person authorized under 37 C.F.R. §2.193(e)(1) and dated, with the printed or typed name of the signatory appearing immediately below the signature. See 37 C.F.R. §§2.20, 2.33(a), (b)(2), (c), 2.193(a), (d); TMEP §§611.01(b), 804.01(b). The signatory’s particular title or position should also be specified. See TMEP §804.04.
STATEMENTS: The signatory believes that: the applicant is entitled to use the trademark and/or service mark in commerce; the applicant has a bona fide intention and has had a bona fide intention, as of the application filing date, to use the mark in commerce on or in connection with the goods and/or services in the application; and to the best of the signatory’s knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods and/or services of such other person, to cause confusion or mistake, or to deceive.
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or any registration resulting therefrom, declares that all statements made of his or her own knowledge are true and all statements made on information and belief are believed to be true.
_____________________________
(Signature)
_____________________________
(Print or Type Name and Position)
_____________________________
(Date)
/Megan R. Askew/
Examining Attorney
Law Office 105
571-272-5858
megan.askew@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.
