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: 4/13/2016

 

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.

 

• Section 2(d) Refusal: Likelihood of Confusion with U.S. Reg. Nos. 4868832 and 4595110

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 4868832 and 4595110.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the enclosed registrations.

 

The applicant’s mark is I AM EMOJI in standard characters for “Art prints; Art pictures on canvas; Prints; Framed art prints; Graphic art prints; Lithographic works of art; Photographic prints; Pictorial prints; Notebook covers; Notebooks; Notepads; Seals; Stamp pads; Blank journals; Note paper; Writing paper; Folders; Envelopes, Envelopes for Stationery Use; Gift boxes; Gift-wrapping paper; Gift bags; Paper gift wrapping ribbons; Paper gift tags; Paper party decorations; Greeting cards and postcards; Holiday cards; Occasion cards; Musical greeting cards; Invitation cards; Note cards; Blank note cards; Social note cards; Photographs; Posters; Calendars; Stickers and Decalcomanias; Decals; Decals and stickers for use as home decor; Printed letters and blocks, namely, art printed on blocks; Children's wall stickers and murals; Stencils; Stationery; Impression stamps.” 

 

The registrant’s marks are:

 

EMOJI in standard characters for “Printed matter, namely, greeting cards, collectable trading cards, correspondence cards, postcards, paper signs; comic books; children's books; bookbinding material; photographs; stationery; adhesives for stationery or household purposes;printed instructional and teaching material for primary and secondary schools in the fields of orthography, language, mathematics and art; plastic materials for packaging, namely, plastic film for use as wrapping and packaging material for general use, plastic bags for packaging; paper, cardboard and goods made from these materials, not included in other classes, namely, advertising signs of cardboard, boxes of cardboard or paper, storage containers and packaging containers made of paper or cardboard, gift boxes made of cardboard” (U.S. Reg. No. 4595110)

 

EMOJI in standard characters for “Folders for papers; document files; photo, sticker, coin albums; stickers; paper mats for beer glasses; erasing products, namely, blackboard erasers, erasers, rubber erasers; postage stamps; writing paper; sealing stamps; inking pads; marker pens; note books; stencils; office requisites, namely, card, document, letter files; towels of paper; stationery, namely, legal, memo, writing pads; greetings cards; postcards; handkerchiefs of paper; toilet paper; table covers of paper; conical paper bags; pen cases; stationery document portfolios; bags, envelopes and pouches of paper or plastics, for packaging; passport covers; bookbinding material; books in the field of coloring books, activity books, learning books; bookbindings; rubber erasers; drafting instruments, namely, erasing shields; newspapers; graphic prints; drawing pads; wrapping paper; table napkins of paper; stationery, namely, paper, plastic transparencies; packaging material of cardboard, namely, cardboard boxes, cardboard containers, cardboard mailing tubes; self-adhesive tapes for stationery or household purposes; writing implements; writing and drawing books, namely, blank writing journals, writing pads, drawing pads; writing cases, namely, stationery cases; writing materials, namely, writing implements, writing paper, writing instruments; signboards of paper or cardboard; shields, namely, paper seals; musical greetings cards; luminous paper; bibs of paper; calendars; stationery envelopes; blank handbooks for use as journals; elastic bands for offices; gummed tape for stationery use; graphic representations; graphic art reproductions; office requisites, namely, correcting fluids for type; plastic film for wrapping; forms, printed; prints, namely, photographs; pictures, namely, paintings, framed or unframed; figurines, namely, statuettes of papier mâché; bottle wrappers of cardboard or paper; filter paper; chromolithographs, namely, chromos. flags of paper; stationery, namely, book, document covers; printed matter, namely, printed awards, printed art reproductions, printed charts; comics; office requisites, namely, cabinets for stationery in the nature of desktop stationery cabinets, desk mounted stationery cabinets; banknote clips, namely, money clips; address stamps; tracing paper; drawer liners of paper, perfumed or not; stationery stickers; writing tablets; notepads; stationery school supplies, namely, paper, construction paper, notebooks; printed tickets; cardboard; colourboard, namely, coloured paperboard” (U.S. Reg. No. 4868832)

 

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, 1361, 177 USPQ 563, 567 (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.

 

Similarity of the Marks

 

Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.  Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F. 3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v).  “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.”  In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014) (citing In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581, 1586 (TTAB 2007)); In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988)); TMEP §1207.01(b).

 

In the present case, applicant’s mark I AM EMOJI in standard characters is similar to the registered mark EMOJI in standard characters in sound, appearance, and connotation.  Both marks include the identical wording EMOJI.  Although the applied-for mark includes the additional wording, I AM, incorporating the entirety of one mark within another does not obviate the similarity between the compared marks, as in the present case, nor does it overcome a likelihood of confusion under Section 2(d).  See Wella Corp. v. Cal. Concept Corp., 558 F.2d 1019, 1022, 194 USPQ 419, 422 (C.C.P.A. 1977) (finding CALIFORNIA CONCEPT and surfer design and CONCEPT confusingly similar); Coca-Cola Bottling Co. v. Jos. E. Seagram & Sons, Inc., 526 F.2d 556, 557, 188 USPQ 105, 106 (C.C.P.A. 1975) (finding BENGAL and BENGAL LANCER and design confusingly similar); Hunter Indus., Inc. v. Toro Co., 110 USPQ2D 1651, 1660-61 (TTAB 2014) (finding PRECISION and PRECISION DISTRIBUTION CONTROL confusingly similar); TMEP §1207.01(b)(iii).  In the present case, the marks are identical in part.

 

Overall, the marks have the same commercial impression.

 

Relatedness of the Goods

 

The goods and/or 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 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)); TMEP §1207.01(a)(i).

 

The applicant’s goods are related to the registrant’s goods because the goods of both parties include printed matter and paper materials, including greetings cards, printed art, notebooks, envelopes, notepads, stamps, seals, blank journals, paper, gift boxes, photographs, calendars, stickers, stencils and stationary.

 

The applicant’s and registrant’s goods are related because the goods often originate from a single source.  The trademark examining attorney has attached evidence from the USPTO’s X-Search database consisting of a number of third-party marks registered for use in connection with the same or similar goods as those of both applicant and registrant in this case.  This evidence shows that the goods listed therein are of a kind that may emanate from a single source under a single mark.  See In re Aquamar, Inc., 115 USPQ2d 1122, 1126 n.5 (TTAB 2015) (citing In re Mucky Duck Mustard Co., 6 USPQ2d 1467, 1470 n.6 (TTAB 1988)); In re Albert Trostel & Sons Co.,29 USPQ2d 1783, 1785-86 (TTAB 1993); TMEP §1207.01(d)(iii).

 

See U.S. Registration Nos. 4926062, 4923525, 4909216, 4836229, 4825227, 4767535, 4752814, 4729062, and 4640353.

  

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

 

• Prior Pending Applications

 

The filing dates of pending U.S. Application Serial Nos. 86713160, 86713261 and 86911984 precede applicant’s filing date.  See attached referenced applications.  If one or more of the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s).  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 applications.

 

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 marks in the referenced applications.  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.

 

• Specimen Refusal: Web Page Advertising for Goods

 

Registration is refused because the specimen is not acceptable as a display associated with the goods and appears to be mere advertising material; thus, the specimen fails to show the applied-for mark in use in commerce for each international class.  Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).  Specifically, the specimen consists of a web page that does not include the mark appearing in association with the goods or the means for ordering the goods.  See In re Sones, 590 F.3d 1282, 1286-89, 93 USPQ2d 1118, 1122-24 (Fed. Cir. 2009); In re Azteca Sys., Inc., 102 USPQ2d 1955, 1957 (TTAB 2012); TMEP §§904.03(i) et seq.  Without these features, the specimen is mere advertising material, which is not acceptable as a specimen to show use in commerce for goods.  See In re Genitope Corp., 78 USPQ2d 1819, 1822 (TTAB 2006); In re MediaShare Corp., 43 USPQ2d 1304, 1307 (TTAB 1997); TMEP §904.04(b), (c). 

 

The examining attorney notes that the applied-for mark, as it appears in the computer browser area would not be perceived as a trademark being used in association with the goods.  Specifically, “[w]hen a mark appears in the computer browser area as part of the URL, Internet address, or domain name of the website that houses the web page, consumers generally do not recognize this as trademark use. Instead, this use merely identifies the Internet location of the website where business is conducted and goods or services are offered.” See, e.g., In re Roberts, 87 USPQ2d 1474, 1479-80 (TTAB 2008) (concluding that the mark IRESTMYCASE, which appeared as part of a website address, www.irestmycase.com, on applicant’s specimens, merely served as a contact address to reach the applicant and failed to function as a service mark for applicant’s services); TMEP §904.03(i)(B)(2).

 

Furthermore, with respect to the trademark as it appears on the bottom of the page next to the © symbol,  the trademark is used only as a trade name to identify applicant’s business; it does not function as a trademark to indicate the source of applicant’s goods and to identify and distinguish them from others.  Trademark Act Sections 1, 2, and 45, 15 U.S.C. §§1051-1052, 1127; see In re Walker Process Equip. Inc., 233 F.2d 329, 332, 110 USPQ 41, 43-44 (C.C.P.A. 1956); TMEP §§904.07(b), 1202.01.  Although a designation may function as both a trade name and a trademark, the Trademark Act does not provide for registration of matter that functions solely as a trade name.  In re Supply Guys, Inc., 86 USPQ2d 1488, 1491 (TTAB 2008); In re Diamond Hill Farms, 32 USPQ2d 1383, 1384 (TTAB 1994); TMEP §1202.01.

 

An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each international class of goods identified in the application or amendment to allege use.  15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a). 

 

Examples of specimens for goods include tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, and displays associated with the actual goods at their point of sale.  See TMEP §§904.03 et seq.  As stated above, webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods.  See In re Sones, 590 F.3d at 1286-89, 93 USPQ2d at 1122-24; In re Azteca Sys., Inc., 102 USPQ2d at 1957; TMEP §§904.03(i) et seq.

 

Applicant may respond to this refusal by satisfying one of the following for each applicable international class:

 

(1)  Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for the goods identified in the application or amendment to allege use.

 

(2)  Amend the filing basis to intent to use under Section 1(b), for which no specimen is required.  This option will later necessitate additional fee(s) and filing requirements such as providing a specimen.

 

For an overview of both response options referenced above and instructions on how to satisfy either option online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/specimen.jsp.

 

• Identification of Goods

 

The wording “Printed letters and blocks, namely, art printed on blocks” in the identification of goods must be clarified because it is too broad and could include goods in other international classes.  See TMEP §§1402.01, 1402.03.

 

The following is an amended version of applicant’s identification of goods that complies with the above-mentioned clarification requirements, with additions and alterations in bold type.

 

Applicant may adopt the following identification of goods, if accurate:

 

CLASS 16: Art prints; Art pictures on canvas; Prints; Framed art prints; Graphic art prints; Lithographic works of art; Photographic prints; Pictorial prints; Notebook covers; Notebooks; Notepads; Seals; Stamp pads; Blank journals; Note paper; Writing paper; Folders; Envelopes, Envelopes for Stationery Use; Gift boxes; Gift-wrapping paper; Gift bags; Paper gift wrapping ribbons; Paper gift tags; Paper party decorations; Greeting cards and postcards; Holiday cards; Occasion cards; Musical greeting cards; Invitation cards; Note cards; Blank note cards; Social note cards; Photographs; Posters; Calendars; Stickers and Decalcomanias; Decals; Decals and stickers for use as home decor; graphic prints in the form of letters and blocks, namely, art prints on blocks; Children's wall stickers and murals; Stencils; Stationery; Impression stamps

 

CLASS 20: Screen printed plastic letters [additional class]

 

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

 

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.

 

ADVISORY: MULTIPLE-CLASS APPLICATION

 

The application identifies goods in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on use in commerce under Section 1(a):

 

(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 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class.  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.

 

(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 not acceptable for any international class. 

 

            Examples of specimens for goods include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale.  Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods. 

 

 (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.

 

• Disclaimer Required

 

Applicant must disclaim the descriptive wording “EMOJI” apart from the mark as shown because it merely describes a feature of applicant’s goods.  See 15 U.S.C. §§1052(e)(1), 1056(a); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., ___ F.3d ___, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012) (quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005); TMEP §§1213, 1213.03(a). 

 

The word “EMOJI” is defined as “A small digital image or icon used to express an idea, emotion, etc., in electronic communication.”  Please see the attached definition from http://www.oxforddictionaries.com/us/definition/american_english/emoji.  Please also see the attached internet evidence demonstrating use of the term EMOJI to describe small digital images or icons.

 

As demonstrated by applicant’s specimen of record, applicant’s goods feature emoji as primary design component, thus, it is clear that EMOJI in the mark describes a key feature of the applicant’s goods.

 

Applicant may submit the following standardized format for a disclaimer:

                       

No claim is made to the exclusive right to use “EMOJI” apart from the mark as shown.

 

TMEP §1213.08(a)(i); see In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).

 

CONTACT INFORMATION

 

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.

 

 

 

/Christine Martin/

Examining Attorney

Law Office 104

(571) 272-1630

christine.martin@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 4/13/2016 FOR U.S. APPLICATION SERIAL NO. 86856050

 

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 4/13/2016 (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.