Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT OWNER’S TRADEMARK REGISTRATION

CLICK ON THE LINK BELOW TO RESPOND TO THIS LETTER AND SELECT FORM NUMBER 11:

 http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp

POST REGISTRATION OFFICE ACTION

ISSUE/MAILING DATE: 12/5/2017

U.S. Registration Number 4760293

The Section 7(g) Request for Correction submitted on October 30, 2017 is being processed as a Section 7(h) Request for Correction because the request is based on a mistake that did not occur through the actions of the United States Patent and Trademark Office.  A fee is required in this case.

This Request for Correction will be processed when (1) the required filing fee is submitted, and (2) any deficiencies with the request are corrected.  37 C.F.R. §§2.6, 1609.10(b).  The fee for filing a Section 7(h) Request for Correction is $100 for filings submitted online using the Trademark Electronic Application System (“TEAS”) and $200 for filings submitted on paper.  37 C.F.R. §2.6.  See below for information regarding any deficiencies.

In order for a registration to have issued in a name other than the owner name of record in a pending application, the relevant party must have satisfied the following:  (1) submitted a written request prior to the date the application was approved for publication or registration, as appropriate; and (2) recorded the necessary ownership documents with the Assignment Services Division of the Office.  37 C.F.R. §3.85; TMEP §§502.02(a) and (b) and 502.03.

In the present case, no written request was received by the Office.  Therefore, the issuance of the registration certificate in the name of the owner of record of the pending application was not an Office error.

The owner has six months from the issuance date of this letter to respond to all the issues raised in this letter.  In order to expedite the processing of your Section 7 Request for Correction, the early submission of a response to this letter is encouraged.  If a complete response is not received in the Office within this time period, then the Section 7 Request for Correction will be considered abandoned.  37 C.F.R. §2.176. 

/Tamika Whitsey/

Trademark Specialist

Tamika.whitsey@uspto.gov

571-272-4321

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form number 11 at http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration.  For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned specialist.  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 registration will be placed in the official registration record.

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual owner or someone with legal authority to bind an owner (i.e., a corporate officer, a general partner, all joint owners). If an owner is represented by an attorney, the attorney must sign the response.

CHECK THE STATUS OF THE REGISTRATION:  To check the status of your registration at any time, visit the Office’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen.  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.