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: 8/3/2016

 

 

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. 

 

 

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.

 

SUMMARY OF ISSUES:

 

• Likelihood of confusion refusal
• Identification and classification of goods and services not acceptable as is

 

Section 2(d) Likelihood of Confusion Refusal

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 3690974.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registration.

 

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.

 

The applicant applied for the proposed mark NOBLE for:

 

       Class 9: Computer software and hardware for use in providing financial, banking and advisory services in connection with the exchanging, trading, updating, clearing, settlement, custody, investment and processing of securities, derivatives, digital currencies, government-issued U.S. and foreign currencies, commodities, cryptocurrencies, bitcoins, energy credits, carbon credits, pollution credits, advertising credits, and other financial and real estate assets and other real assets, including assets whose ownership interests are represented and exchanged using blockchain technology; computer software and hardware for use in providing banking services; computer software and hardware for use in providing financial services; computer software and hardware for use in providing investment consulting and analysis; computer software for financial institutions, namely, an electronic clearing and settlement network using blockchain technology for the purposes of accelerating post-trade processes and for settlement, clearing, allocation, compliance, and recordation of financial trading and financial investments for the purposes of facilitating financial trading

        Class 35: Calculation, recordation, compilation and systematization of statistics, prices, rates, indexes and other data concerning securities trading, derivatives trading, digital currencies trading, trading of government-issued U.S. and foreign currencies, commodities trading, cryptocurrencies trading, bitcoin trading, energy credits trading, carbon credits trading, pollution credits trading, advertising credits trading, and the trading of other financial and real estate assets and other real assets, including assets whose ownership interests are represented and exchanged using blockchain technology; compiling information for business purposes related to securities trading, derivatives trading, digital currencies trading, trading of government-issued U.S. and foreign currencies, commodities trading, cryptocurrencies trading, bitcoin trading, energy credits trading, carbon credits trading, pollution credits trading, advertising credits trading, and the trading of other financial and real estate assets and other real assets, including assets whose ownership interests are represented and exchanged using blockchain technology

        Class 36: Banking services; electronic banking via global computer network; online banking services; mobile phone banking services; bill payment services; payment processing services; currency exchange services; financial, banking and advisory services in connection with the exchanging, trading, updating, clearing, settlement, custody, investment and processing of securities, derivatives, digital currencies, government-issued U.S. and foreign currencies, commodities, cryptocurrencies, bitcoins, energy credits, carbon credits, pollution credits, advertising credits, and other financial and real estate assets and other real assets, including assets whose ownership interests are represented and exchanged using blockchain technology

        Class 37: Providing access to an online databases featuring real-time investment information; electronic transmission of financial instruments, market information, quotations and orders; financial information transmission via electronic communication networks; providing access to communications networks for collection, processing, distribution and transmission of financial instruments and market information

        Class 38: Transmission of financial information by electronic communications networks; peer-to-peer network computer services, namely, electronic transmission of financial data via computer terminals and electronic devices; electronic transmission of payment data for others; capture and matching of trade related data and trade tickets, transaction settlement services, netting and trade allocation services, trade and account reconciliation services, trade confirmation services, messaging services relating to post-trade activities, credit services and calculation and monitoring of credit limits and credit utilization

        Class 42: Software as a service (SaaS) services for financial, banking and advisory services in connection with the exchanging, trading, updating, clearing, settlement, custody, investment and processing of securities, derivatives, digital currencies, government-issued U.S. and foreign currencies, commodities, cryptocurrencies, bitcoins, energy credits, carbon credits, pollution credits, advertising credits, and other financial and real estate assets and other real assets, including assets whose ownership interests are represented and exchanged using blockchain technology; software as a service (SaaS) services for banking services; software as a service (SaaS) services for financial and investment services; software as a service (SaaS) services for use by financial institutions, namely, an electronic clearing and settlement network using blockchain technology for the purposes of accelerating post-trade processes and for settlement, clearing, allocation, compliance, and recordation of financial trading and financial investments for the purposes of facilitating financial trading.

 

The registrant owns the mark NOBLE for:

 

Class 35:  market research and analysis; business management; providing business marketing information; retail store services, wholesale distributorship services, advertising and marketing and exporting services, all in relation to chemicals, fuels, petrochemicals, clean fuels, metals, minerals, ores, aluminum, alumina, agricultural, horticultural and forestry products, grains, cocoa and coffee

 

Class 36:  Commodity trading for others.

 

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).

 

When comparing marks, the test is not whether the marks can be distinguished in a side-by-side comparison, but rather whether the marks are sufficiently similar in terms of their overall commercial impression that confusion as to the source of the goods and/or services offered under the respective marks is likely to result.  Midwestern Pet Foods, Inc. v. Societe des Produits Nestle S.A., 685 F.3d 1046, 1053, 103 USPQ2d 1435, 1440 (Fed. Cir. 2012); In re Bay State Brewing Co., 117 USPQ2d 1958, 1960 (TTAB 2016) (quoting Coach Servs., Inc. v. Truimph Learning LLC, 668 F.3d 1356, 1368, 101 USPQ2d 1713, 1721 (Fed. Cir. 2012)); TMEP §1207.01(b).  The proper focus is on the recollection of the average purchaser, who retains a general rather than specific impression of trademarks.  In re Bay State Brewing Co., 117 USPQ2d at 1960 ( (citing Spoons Rests., Inc., v. Morrison, Inc., 23 USPQ2d 1735, 1741 (TTAB 1991), aff’d per curiam, 972 F.2d 1353 (Fed. Cir. 1992)); In re C.H. Hanson Co., 116 USPQ2d 1351, 1353 (TTAB 2015) (citing Joel Gott Wines LLC v. Rehoboth Von Gott Inc., 107 USPQ2d 1424, 1430 (TTAB 2013));TMEP §1207.01(b).

 

Comparison of the Marks

 

Here, the marks are identical. 

 

Where the marks of the respective parties are identical or virtually identical, as in this case, the degree of similarity or relatedness between the goods and/or services needed to support a finding of likelihood of confusion declines.  See In re i.am.symbolic, Llc, 116 USPQ2d 1406, 1411 (TTAB 2015) (citing In re Shell Oil Co., 992 F.2d 1204, 1207, 26 USPQ2d 1687, 1689 (Fed. Cir. 1993)); TMEP §1207.01(a).

 

Related Goods/Services

 

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 and/or 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).

 

In this case, the applicant’s goods and services are highly related to the registrant’s services.  Both parties provide commodity trading services for others.  It is noted that the applicant’s other goods and services including software and other financial related services are highly related to the registrant’s services.

 

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 and/or services as those of both applicant and registrant in this case.  This evidence shows that the goods and/or services listed above 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).

 

Conclusion

 

Because the marks are so similar and the goods/services are, at the least, highly related, there is a likelihood of confusion.

 

The stated refusal refers to the following goods and/or services and does not bar registration for the other goods and/or services: 

 

       Class 9: Computer software and hardware for use in providing financial, banking and advisory services in connection with the exchanging, trading, updating, clearing, settlement, custody, investment and processing of bitcoins, energy credits, carbon credits, pollution credits, advertising credits whose ownership interests are represented and exchanged using blockchain technology; computer software for financial institutions, namely, an electronic clearing and settlement network using blockchain technology for the purposes of accelerating post-trade processes and for settlement, clearing, allocation, compliance, and recordation of financial trading and financial investments for the purposes of facilitating financial trading.

 

        Class 35: Calculation, recordation, compilation and systematization of statistics, prices, rates, indexes and other data concerning bitcoin trading, energy credits trading, carbon credits trading, pollution credits trading, advertising credits trading, whose ownership interests are represented and exchanged using blockchain technology; compiling information for business purposes related to bitcoin trading, energy credits trading, carbon credits trading, pollution credits trading, advertising credits trading, whose ownership interests are represented and exchanged using blockchain technology.

 

        Class 36: bill payment services; payment processing services; currency exchange services.

 

        Class 37: Electronic transmission of financial instruments, market information, quotations and orders; financial information transmission via electronic communication networks; providing access to communications networks for collection, processing, distribution and transmission of financial instruments and market information

 

        Class 38: Transmission of financial information by electronic communications networks; peer-to-peer network computer services, namely, electronic transmission of financial data via computer terminals and electronic devices; electronic transmission of payment data for others; capture and matching of trade related data and trade tickets, transaction settlement services, netting and trade allocation services, trade and account reconciliation services, trade confirmation services, messaging services relating to post-trade activities, credit services and calculation and monitoring of credit limits and credit utilization

 

        Class 42: Software as a service (SaaS) services for use in providing financial, banking and advisory services in connection with the exchanging, trading, updating, clearing, settlement, custody, investment and processing of bitcoins, energy credits, carbon credits, pollution credits, advertising credits whose ownership interests are represented and exchanged using blockchain technology; software as a service (SaaS) services for use by financial institutions, namely, an electronic clearing and settlement network using blockchain technology for the purposes of accelerating post-trade processes and for settlement, clearing, allocation, compliance, and recordation of financial trading and financial investments for the purposes of facilitating financial trading.

 

Applicant may respond to the stated refusal by submitting evidence and arguments against the refusal.  In addition, applicant may respond by doing one of the following:

 

(1)       Deleting the goods and/or services to which the refusal pertains;

 

(2)       Filing a request to divide out the goods and/or services that have not been refused registration, so that the mark may proceed toward publication for opposition for those goods or services to which the refusal does not pertain.  See 37 C.F.R. §2.87.  See generally TMEP §§1110 et seq. (regarding the requirements for filing a request to divide).  If applicant files a request to divide, then to avoid abandonment, applicant must also file a timely response to all outstanding issues in this Office action, including the refusal.  37 C.F.R. §2.87(e).; or

 

(3)       Amending the basis for the goods and/or services identified in the refusal, if appropriate.  TMEP §806.03(h).  (The basis cannot be changed for applications filed under Trademark Act Section 66(a).  TMEP §1904.01(a).)

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.  However, if applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.

 

Identification of Goods and Services

 

The identification of services in Class 35 is acceptable as is.  The identification of services in Class 37 is not classified correctly.  Electronic transmission/telecommunications services are in Class 38.  Class 37 comprises services related to “building construction; repair; installation services.”  Some of the identifications of goods and services in Classes 9, 36, 38 and 42 are indefinite and must be clarified because the goods and/or services are not identified specifically enough.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may adopt the following identifications and classifications, if accurate:

 

Class 9:  Computer software and hardware for use in providing financial, banking and advisory services in connection with the exchanging, trading, updating, clearing, settlement, custody, investment and processing of securities, derivatives, digital currencies, government-issued U.S. and foreign currencies, commodities, cryptocurrencies, bitcoins, energy credits, carbon credits, pollution credits, advertising credits, and other financial and real estate assets and other real assets, including assets whose ownership interests are represented and exchanged using blockchain technology; computer software and hardware for use in providing banking services, namely, {specify function of software more specifically, e.g. to allow customers to access account information and transact bank business}; computer software and hardware for use in providing financial services, namely, {specify function of software more specifically, e.g. to accommodate multiple types of payment and debt transactions}; computer software and hardware for use in providing investment consulting and analysis; computer software for financial institutions, namely, an electronic clearing and settlement network using blockchain technology for the purposes of accelerating post-trade processes and for settlement, clearing, allocation, compliance, and recordation of financial trading and financial investments for the purposes of facilitating financial trading.

 

Class 36:  Banking services; electronic banking via global computer network; online banking services; mobile phone banking services; bill payment services; payment processing services in the field of {specify field, e.g. credit card, tax payments, insurance payments}; currency exchange services; financial, banking and advisory services in connection with the exchanging, trading, updating, clearing, settlement, custody, investment and processing of securities, derivatives, digital currencies, government-issued U.S. and foreign currencies, commodities, cryptocurrencies, bitcoins, energy credits, carbon credits, pollution credits, advertising credits, and other financial and real estate assets and other real assets, including assets whose ownership interests are represented and exchanged using blockchain technology.

 

Class 37:  abandon in its entirety.

 

Class 38:  Transmission of financial information by electronic communications networks; peer-to-peer network computer services, namely, electronic transmission of financial data via computer terminals and electronic devices; electronic transmission of payment data for others; electronic data transmission services in the fields of capture and matching of trade related data and trade tickets, transaction settlement services, netting and trade allocation services, trade and account reconciliation services, trade confirmation services, messaging services relating to post-trade activities, credit services and calculation and monitoring of credit limits and credit utilization; providing access to an online databases featuring real-time investment information; electronic transmission of financial instruments, market information, quotations and orders; financial information transmission via electronic communication networks; providing access to communications networks for collection, processing, distribution and transmission of financial instruments and market information.

 

Class 42:  Software as a service (SaaS) services for financial, banking and advisory services in connection with the exchanging, trading, updating, clearing, settlement, custody, investment and processing of securities, derivatives, digital currencies, government-issued U.S. and foreign currencies, commodities, cryptocurrencies, bitcoins, energy credits, carbon credits, pollution credits, advertising credits, and other financial and real estate assets and other real assets, including assets whose ownership interests are represented and exchanged using blockchain technology; software as a service (SaaS) services for banking services, namely, {specify function of software more specifically, e.g. to allow customers to access account information and transact bank business}; software as a service (SaaS) services for financial and investment services, namely, {specify function of software more specifically, e.g. to accommodate multiple types of payment and debt transactions}; software as a service (SaaS) services for use by financial institutions, namely, an electronic clearing and settlement network using blockchain technology for the purposes of accelerating post-trade processes and for settlement, clearing, allocation, compliance, and recordation of financial trading and financial investments for the purposes of facilitating financial trading.

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

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.  See TMEP §1402.04.

 

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.

 

 

 

 

 

/Amy E. Thomas/

Law Office 110

U.S. Patent & Trademark Office

571-272-9171

amy.thomas@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 8/3/2016 FOR U.S. APPLICATION SERIAL NO. 87001468

 

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 8/3/2016 (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.