Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Owner’s Trademark Registration

OFFICE ACTION

The USPTO must receive the owner’s response to this letter within the time period specified below.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears below.

Issue date:  November 24, 2021

WARNING: Failure to timely respond to this Office action will result in the cancellation of the entire registration. 37 C.F.R. §§2.163(c), 7.39(b).

The response to the outstanding Office action regarding the Sections 8 & 15 Combined Affidavit or Declaration was timely received on November 18, 2021.  After consideration of the response, the refusal to accept the affidavit or declaration is maintained because although the response was otherwise acceptable, the deficiency fee was not submitted.

Deficiency Surcharge Due

The owner/holder filed the Sections 8 & 15 Combined Affidavit or Declaration during 6^th year after the date of registration.  However, the owner/holder corrected a deficiency in the affidavit or declaration after the statutory filing period of the original affidavit or declaration.  Deficiencies corrected after the statutory time period must be accompanied by a deficiency surcharge.  15 U.S.C. §§1058(c), 1141k(c); 37 C.F.R. §§2.6, 2.164, 7.6, 7.39(c).  Accordingly, because the owner/holder did not correct the deficiency in the affidavit or declaration during the 6^th year after the date of registration, the owner/holder must submit the $100 deficiency surcharge.  37 C.F.R. §§2.6, 2.164, 7.6, 7.39(c); TMEP §§1604.17(a), 1613.17(a).

If the owner/holder disagrees with the requirement for fees, the owner/holder may submit a Petition to the Director. Otherwise, the owner/holder must submit the required fees or the registration will be cancelled in full.

Detailed information regarding the audit program is provided on the Post Registration Audit Program webpage.

RESPONSE TIME DEADLINE:  A complete response must be received within 6 months from the issuance date of this Office action.  The owner must respond to all inquiries set forth in this Office action to avoid cancellation of the registration.  If a response is not received, the registration will be cancelled in its entirety.  37 C.F.R. §2.163(b)-(c); TMEP §1604.16.

DEFICIENCY SURCHARGE REQUIRED:  The owner must submit a $100 deficiency surcharge with its response to this Office action.  37 C.F.R. §§2.6, 2.164(a)(1); TMEP §1604.17(a).

How to respond.  Click to file a Response to Post-Registration Office action. 

Direct questions about this Office action to the Post Registration staff member below.

Phillip D. White 

/Phillip D. White/

Post Registration Audit Program 

571-272-9665

phillip.white@uspto.gov (inquiries only

RESPONSE GUIDANCE

• Response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS maintenance or unforeseen circumstances could affect an owner’s ability to timely respond.  

• Responses signed by an unauthorized party are not accepted or processed.  If the owner does not have an attorney, the response must be signed by the individual owner, all joint owners, or someone with legal authority to bind a juristic owner.  If the owner has an attorney, the response must be signed by the attorney.

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.