Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

NOTICE OF INCOMPLETE STATEMENT OF USE

STRICT DEADLINE TO RESPOND TO THIS LETTER 

TO AVOID THE DENIAL OF YOUR STATEMENT OF USE, WE MUST RECEIVE A PROPER RESPONSE TO THIS NOTICE WITHIN THIRTY (30) DAYS OF THE ISSUE/MAILING DATE.

ISSUE/MAILING DATE: 12/4/2017

U.S. Serial Number   86918373

The document filed on September 27, 2017, does not meet the minimum filing requirements for a statement of use and, therefore, cannot be accepted.  37 C.F.R. §2.88(e); TMEP §1109.01.  Since the time period for filing a statement of use expired on September 28. 2017, the above-identified APPLICATION IS ABANDONED.  15 U.S.C. §1051(d); 37 C.F.R. §§2.88-2.89; TMEP §1109.04.

DOCUMENT FILED IS DEFICIENT AS STATEMENT OF USE AS FOLLOWS:

Verified Statements Required

Due to a technical problem at the time of filing, certain statutorily-required statements were inadvertently omitted from the declaration submitted when using the handwritten signature option.  The technical problem has now been fixed.  The USPTO apologizes for any inconvenience.

The declaration statement in the statement of use is not acceptable because it is incomplete as it omits some of the assurances in the required verified statement under 37 C.F.R. §2.88(b)(1).  See TMEP §1109.11(b).  Specifically, the first bullet in the declaration below was omitted.  Applicant must therefore submit a substitute statement containing all of the required assurances, properly verified in an affidavit or signed declaration under 37 C.F.R. §2.20.  See 37 C.F.R. §§2.88(b)(1),(c)(3), 2.193(e)(1); TMEP §1109.11(b). 

To respond to this requirement online:

1. Copy and paste the declaration below into a new document.
2. Sign and date the declaration. 
3. Save the signed declaration on your computer as a JPEG or PDF.
4. Upload the saved, signed declaration in the “File Upload” section of form #3, “Response to Intent-to-Use (ITU)/Divisional Unit Office action” form, on the Intent to Use Forms page.

Please note that the form signature page will require two additional signatures, a declaration signature and submission signature, in order to submit the form.  For more information about required verified statements, please review the Verified Statement page on our website at: http://www.gov.uspto.report/trademark/laws-regulations/verified-statement. 

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

Declaration Signature

Read the following statements before signing.  Acknowledge the statements by signing below.

·       The signatory believes that the applicant is the owner of the mark sought to be registered.

For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified.

For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified.

For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

·       The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.

·       To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have 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/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

·       To the best of the signatory’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.

·       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 submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature Section:

Signature:________________________________________________
Signatory's Name:__________________________________________
Signatory's Position:_________________________________________

Date Signed:_________________________
Signatory's Phone:_________________________________________

MINIMUM FILING REQUIREMENTS FOR STATEMENTS OF USE:  In addition to timely filing the statement of use within six months of the issue date of the notice of allowance or within a previously granted extension of time, the minimum filing requirements for a statement of use are as follows:  (1) the prescribed fee for at least one class; (2) one specimen showing the mark used in commerce; and (3) a statement that “the mark is in use in commerce,” verified in an affidavit or declaration under 37 C.F.R. §2.20 and signed by applicant or a person authorized by applicant.  15 U.S.C. §1051(d); 37 C.F.R. §2.88; TMEP §§1109, 1109.01, 1109.04; see 37 C.F.R. §2.193(e)(1).  In the present case, the document filed is deficient because it does not satisfy the requirement of a signed declaration.

APPLICANT’S OPTIONS:  Applicant has the option to (1) file a petition to revive this application under 37 C.F.R. §2.66 before expiration of the two month period after the issuance date of the notice of abandonment (the notice of abandonment will issue shortly after this Office action) or (2) file a new application.  Please view the online information sheet at http://www.gov.uspto.report/teas/petinfo.htm for information about petitions to revive.  Applicant is encouraged to file a petition to revive online using the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html. 

/Douglas, Sly/

Paralegal Spec

ITU Div Unit

Ph 571-272-9497

Fax 571-273-9497

Sly.douglas@uspto.gov

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) Response to Intent-to-Use (ITU)/Divisional Unit Office action form number 8 at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov. 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 (1) an individual applicant; (2) someone with legal authority to bind applicant (i.e., a corporate officer, a general partner, all joint applicants); or (3) an authorized attorney, if one is appointed to represent applicant.  If an applicant is represented by an attorney, the attorney must sign the response. 

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 $125 per 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 or e-mail without incurring this additional fee.  

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 Trademark Status and Document Retrieval (TSDR) at http://tsdr.gov.uspto.report/.  Please keep a copy of the complete status screen.  If TSDR shows no change for more than six months, 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.

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED ITU STAFF MEMBER IDENTIFIED ABOVE.