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: 5/24/2016

 

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.

 

SUMMARY OF ISSUES:

 

·        SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

• ADVISORY:  PRIOR-FILED APPLICATION

 

 

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 4833962 and 4833960.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registrations.

 

Applicant’s mark is “LIME” in standard character form for “computer hardware and software for regulating, controlling, measuring, tracking and reducing energy use; security and fire alarms; smoke alarms; carbon monoxide alarms; computer hardware and software system and electronic devices for remotely monitoring environmental conditions and for controlling devices within a building, facility, grounds, or designated spatial area; environmental monitoring system comprising meters and sensors that measure environmental conditions and that activate alarm and reporting functions; climate control systems consisting of digital thermostats, air conditioning, heating, ventilation, humidity and drying control devices; thermostats; electric sensors; lighting control apparatus; electronic video surveillance products, namely, electronic components of security systems” in International Class 009. 

 

The cited registration (Reg. No. 4833960) is “LIME” in standard character form for “telecommunication services, namely, providing local and long-distance transmission of voice, data and graphics by means of telephone, telegraphic, cable, satellite and Internet transmissions, and providing fibre optic network services; Communication services, namely, transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks; telecommunication services, namely, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, the Internet, information services networks and data networks; Voice over Internet Protocol (VoIP) services; telecommunications network service, namely, providing telecommunications connections and access to a global computer network; providing telecommunication connections to a global computer network, to the Internet and to databases thereon; providing multiple user access to the Internet and to a global computer network; electronic transmission of information, computer programs, and data by computer terminals, telephone, and television and video broadcasting; providing telecommunication access services to a computer network or to the Internet; providing access to digital music websites on the Internet; transmission of digital music, images, voice and data by telecommunications, namely, telephone, telegraphic, cable, satellite and Internet transmission; electronic transmission of voice, data and information; VoIP, local, long distance, international and toll free telephone services; automated voice response services; call routing services; frame relay services; ATM (asynchronous transfer mode) services; ISDN (integrated services digital network) services; electronic messaging and mail services; leasing and rental services in connection with communications apparatus and equipment; electronic transmission of recorded sound and images; providing telephone conferencing, video conferencing, and web conferencing services; providing telecommunications access to electronic data, databases, bulletin boards and publications on remote computers or via computer networks. transmission of written and digital communication of mathematical and statistical data. providing on-line chat rooms for transmission of messages among computer users concerning topics of general interest; advisory, information, consultancy services relating to the aforementioned services; technical project studies, namely, consultation in the field of telecommunications” in International Class 038.

 

The cited registration (Reg. No. 4833962) is “LIME LANDLINE INTERNET MOBILE ENTERTAINMENT” in stylized text for “telecommunication services, namely, providing local and long-distance transmission of voice, data and graphics by means of telephone, telegraphic, cable, satellite and Internet transmissions, and providing fibre optic network services; Communication services, namely, transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks; telecommunication services, namely, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, the Internet, information services networks and data networks; Voice over Internet Protocol (VoIP) services; telecommunications network service, namely, providing telecommunications connections and access to a global computer network; providing telecommunication connections to a global computer network, to the Internet and to databases thereon; providing multiple user access to the Internet and to a global computer network; electronic transmission of information, computer programs, and data by computer terminals, telephone, and television and video broadcasting; providing telecommunication access services to a computer network or to the Internet; providing access to digital music websites on the Internet; transmission of digital music, images, voice and data by telecommunications, namely, telephone, telegraphic, cable, satellite and Internet transmission; electronic transmission of voice, data and information; VoIP, local, long distance, international and toll free telephone services; automated voice response services; call routing services; frame relay services; ATM (asynchronous transfer mode) services; ISDN (integrated services digital network) services; electronic messaging and mail services; leasing and rental services in connection with communications apparatus and equipment; electronic transmission of recorded sound and images; providing telephone conferencing, video conferencing, and web conferencing services; providing telecommunications access to electronic data, databases, bulletin boards and publications on remote computers or via computer networks, transmission of written and digital communication of mathematical and statistical data. providing on-line chat rooms for transmission of messages among computer users concerning topics of general interest; advisory, information, consultancy services relating to the aforementioned services; technical project studies, namely, consultation in the field of telecommunications” in International Class 038.

 

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 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 any likelihood of confusion determination, two key considerations are similarity of the marks and similarity or relatedness of the services.  In re Aquamar, Inc., 115 USPQ2d 1122, 1126 (TTAB 2015) (citing Federated Foods, Inc. v. Fort Howard Paper Co., 544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976)); In re Iolo Techs., LLC, 95 USPQ2d 1498, 1499 (TTAB 2010); see TMEP §1207.01.  That is, the marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.  In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting 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).  Additionally, the services are compared to determine whether they are similar or commercially related or travel in the same trade channels.  See Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369-71, 101 USPQ2d 1713, 1722-23 (Fed. Cir. 2012); Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1165, 64 USPQ2d 1375, 1381 (Fed. Cir. 2002); TMEP §1207.01, (a)(vi).

 

In this case, the following factors are the most relevant:  similarity of the marks, similarity and nature of the services, and similarity of the trade channels of the 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.

 

Comparison of the Marks

 

Turning to the first prong of the test, a comparison must be made between applicant’s applied-for mark “LIME” in standard character form, and Reg. No. 4833960 for the mark “LIME” in standard character form, and Reg. No. 4833962 for the mark “LIME LANDLINE INTERNET MOBILE ENTERTAINMENT” in stylized text.

 

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).

 

Turning first to Reg. No. 4833960, applicant’s mark is LIME and registrant’s mark is LIME.  These marks are identical in appearance, sound, and meaning, “and have the potential to be used . . . in exactly the same manner.”  In re i.am.symbolic, Llc, 116 USPQ2d 1406, 1411 (TTAB 2015).  Additionally, because they are identical, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrant’s respective services.  In re i.am.symbolic, Llc, 116 USPQ2d at 1411.

 

Therefore, the marks are confusingly similar. 

 

Turning next to Reg. No. 4833962, 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 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).

 

Registrant’s mark is composed of the word “LIME” in large font, with “LANDLINE INTERNET MOBILE ENTERTAINMENT” in small print at the bottom.  This bottom portion is disclaimed from registrant’s mark as descriptive.  Because “LIME” is the stronger word in the mark that is also displayed most prominently, “LIME” is the dominant portion of registrant’s mark.  Applicant’s mark and the dominant portion of registrant’s mark are identical, and therefore confusingly similar.

 

Accordingly, giving each feature of the marks appropriate weight, the marks when compared in their entireties are sufficiently similar to create consumer confusion or mistake as to the source of the services despite minor differences in the marks.

 

Comparison of the Services

 

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 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)); TMEP §1207.01(a)(i).

 

Applicant’s identified services are “computer hardware and software for regulating, controlling, measuring, tracking and reducing energy use; security and fire alarms; smoke alarms; carbon monoxide alarms; computer hardware and software system and electronic devices for remotely monitoring environmental conditions and for controlling devices within a building, facility, grounds, or designated spatial area; environmental monitoring system comprising meters and sensors that measure environmental conditions and that activate alarm and reporting functions; climate control systems consisting of digital thermostats, air conditioning, heating, ventilation, humidity and drying control devices; thermostats; electric sensors; lighting control apparatus; electronic video surveillance products, namely, electronic components of security systems” in International Class 009.

 

Reg. No. 4833960’s identified services are “telecommunication services, namely, providing local and long-distance transmission of voice, data and graphics by means of telephone, telegraphic, cable, satellite and Internet transmissions, and providing fibre optic network services; Communication services, namely, transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks; telecommunication services, namely, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, the Internet, information services networks and data networks; Voice over Internet Protocol (VoIP) services; telecommunications network service, namely, providing telecommunications connections and access to a global computer network; providing telecommunication connections to a global computer network, to the Internet and to databases thereon; providing multiple user access to the Internet and to a global computer network; electronic transmission of information, computer programs, and data by computer terminals, telephone, and television and video broadcasting; providing telecommunication access services to a computer network or to the Internet; providing access to digital music websites on the Internet; transmission of digital music, images, voice and data by telecommunications, namely, telephone, telegraphic, cable, satellite and Internet transmission; electronic transmission of voice, data and information; VoIP, local, long distance, international and toll free telephone services; automated voice response services; call routing services; frame relay services; ATM (asynchronous transfer mode) services; ISDN (integrated services digital network) services; electronic messaging and mail services; leasing and rental services in connection with communications apparatus and equipment; electronic transmission of recorded sound and images; providing telephone conferencing, video conferencing, and web conferencing services; providing telecommunications access to electronic data, databases, bulletin boards and publications on remote computers or via computer networks, transmission of written and digital communication of mathematical and statistical data. providing on-line chat rooms for transmission of messages among computer users concerning topics of general interest; advisory, information, consultancy services relating to the aforementioned services; technical project studies, namely, consultation in the field of telecommunications” in International Class 038.

 

Reg. No. 4833962’s identified services are “telecommunication services, namely, providing local and long-distance transmission of voice, data and graphics by means of telephone, telegraphic, cable, satellite and Internet transmissions, and providing fibre optic network services; Communication services, namely, transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks; telecommunication services, namely, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, the Internet, information services networks and data networks; Voice over Internet Protocol (VoIP) services; telecommunications network service, namely, providing telecommunications connections and access to a global computer network; providing telecommunication connections to a global computer network, to the Internet and to databases thereon; providing multiple user access to the Internet and to a global computer network; electronic transmission of information, computer programs, and data by computer terminals, telephone, and television and video broadcasting; providing telecommunication access services to a computer network or to the Internet; providing access to digital music websites on the Internet; transmission of digital music, images, voice and data by telecommunications, namely, telephone, telegraphic, cable, satellite and Internet transmission; electronic transmission of voice, data and information; VoIP, local, long distance, international and toll free telephone services; automated voice response services; call routing services; frame relay services; ATM (asynchronous transfer mode) services; ISDN (integrated services digital network) services; electronic messaging and mail services; leasing and rental services in connection with communications apparatus and equipment; electronic transmission of recorded sound and images; providing telephone conferencing, video conferencing, and web conferencing services; providing telecommunications access to electronic data, databases, bulletin boards and publications on remote computers or via computer networks, transmission of written and digital communication of mathematical and statistical data. providing on-line chat rooms for transmission of messages among computer users concerning topics of general interest; advisory, information, consultancy services relating to the aforementioned services; technical project studies, namely, consultation in the field of telecommunications” in International Class 038.

 

Telecommunications providers, like the registrant, commonly provide security alarm systems and digital thermostats or devices that remotely monitor and adjust environmental conditions.  The attached Internet evidence consists of websites from telecommunications providers that also provide security system services and environmental controls.  This evidence establishes that the same entity commonly provides the relevant services and markets them under the same mark.  Therefore, applicant’s and registrant’s services are considered related for likelihood of confusion purposes.  See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB 2009).

 

• AT&T
• • Security: http://my-digitallife.att.com/learn/home-security-and-automation
  • Telecom: http://www.att.com/gen/general?pid=18235#fbid=R3rKSV5GNrE
  • Thermostat: http://my-digitallife.att.com/support/home-automation-and-devices/thermostat.html
• XFINITY
• • Security: http://www.xfinity.com/home-security.html
  • Telecom: http://www.xfinity.com/Corporate/shop/productoverview.html
  • Thermostat: http://www.xfinity.com/home-security/devices/thermostats.html
• Time Warner
• • Security, Digital Thermostat & Temperature Controls: http://www.timewarnercable.com/en/intelligenthome/overview.html
  • Telecom: http://www.timewarnercable.com/en/plans-packages/internet/internet-service-plans.html
• Cox
• • Security: http://www.cox.com/residential/homelife.html
  • Telecom: http://www.cox.com/residential/home.html
  • Thermostat: http://www.cox.com/residential/support/home-security/article.cox?articleId=ce506660-f765-11e3-d49d-000000000000

 

Accordingly, with the contemporaneous use of sufficiently similar marks, consumers are likely to conclude that the services are related and originate from a single source. As such, registration must be refused under Trademark Act Section 2(d).

 

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

 

 

 

ADVISORY:  PRIOR-FILED APPLICATION

 

The filing date of pending U.S. Application Serial No. 86826158 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.

 

 

 

RESPONSE GUIDELINES

 

For this application to proceed further, applicant must explicitly address each refusal and/or requirement raised in this Office action.  If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register.  Applicant may also have other options for responding to a refusal and should consider such options carefully.  To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.  For more information and general tips on responding to USPTO Office actions, response options, and how to file a response online, see “Responding to Office Actions” on the USPTO’s website.

 

If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end and the trademark will fail to register.  See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a); TMEP §§718.01, 718.02.  Additionally, the USPTO will not refund the application filing fee, which is a required processing fee.  See 37 C.F.R. §§2.6(a)(1)(i)-(iv), 2.209(a); TMEP §405.04.

 

Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to active status.  See 37 C.F.R. §2.66; TMEP §1714.  There is a $100 fee for such petitions.  See 37 C.F.R. §§2.6, 2.66(b)(1).

 

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.

 

TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $50 per international class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone without incurring this additional fee. 

 

 

 

/Mildred Black/

Examining Attorney

Law Office 121

571.270.1217

mildred.black@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 5/24/2016 FOR U.S. APPLICATION SERIAL NO. 86895004

 

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 5/24/2016 (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.