To: | xiao min (32939052@qq.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87126734 - ALPEK - N/A |
Sent: | 11/16/2016 4:37:41 PM |
Sent As: | ECOM121@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87126734
MARK: ALPEK
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: xiao min
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 11/16/2016
Search of the Trademark Office Database of Marks
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Summary of Issues to Which Applicant Must Respond:
· Clarification of Owner Address and Correspondent Address Required
Clarification of Owner Address and Correspondent Address Required
The applicant must clarify both the “owner” and “correspondent” mailing addresses because neither address appears properly formatted. Applications must include an applicant’s mailing address. 37 C.F.R. §2.32(a)(4); TMEP §803.05. Additionally, applications must also include a valid correspondence address for official communication concerning the application. See 37 C.F.R. §§2.17, 2.21(a)(2); TMEP §§609–609.04; 803.05.
Here, the space provided for the applicant’s street address reads “minzhibaishilongerqushanzhulou.” The space provided for the applicant’s city reads “guo dong shen zheng.” The entries do not have the structure of a properly formatted mailing address, and do not appear to specify a particular location such that mail sent to the address would reach the applicant. Ordinarily, a street address will include a building number, street name, and often an apartment or suite number. A city name will usually reference either a single city, or a district and/or area in addition to the city name.
The applicant must provide clarification regarding the nature of the addresses, as filed. Specifically, the applicant must explain whether the originally filed addresses are correct and identify a mailing address where paper correspondence would reach the applicant. See 37 C.F.R. §§2.17, 2.21(a)(2), 2.61(b); TMEP §§ 609–609.04, 803.05, 814.
Failure to comply with a request for information is grounds for refusing registration. In re AOP LLC, 107 USPQ2d 1644, 1651 (TTAB 2013) (citing In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008), In re DTI P’ship LLP, 67 USPQ2d 1699, 1701-02 (TTAB 2003), TMEP §814).
If the addresses are missing information, the applicant must provide alternative addresses where mail addressed to the applicant can be delivered. If the applicant is unsure how to translate a Chinese formatted address into an American equivalent, the applicant may respond by providing its usual and customary address in the Chinese format as an attachment and request that the USPTO reformat the address on behalf of the applicant.
Response Guidelines
For this application to proceed toward registration, the applicant must explicitly address each requirement raised in this Office action. To respond to requirements, the applicant should set forth in writing the required changes or statements. If the 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, the trademark will fail to register, and the application fee will not be refunded. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02.
Additional Online Assistance
The USPTO website provides information for those unfamiliar with the process of applying for federal trademark registration, such as an e-booklet about registering trademarks, FAQs, and more. Two tools on the USPTO’s website that are particularly helpful during the examination process are (1) informational videos and (2) application processing timelines. The videos provide information in a broadcast news format regarding a range of issues that arise during the examination of an application, including specimens and goods and services, and are located at http://www.gov.uspto.report/trademarks/process/TMIN.jsp. The application processing timelines provide information regarding the USPTO’s processing time for certain documents, as well as legal deadlines, and are located at http://www.gov.uspto.report/trademark/trademark-timelines/trademark-application-and-post-registration-process-timelines.
The USPTO website provides a “Basic Facts” booklet and video series that include basic information about registering a trademark, including how trademarks, patents, copyrights, domain names, and business name registrations all differ, and how to select the right mark – one that is both federally registrable and legally protectable. The “Basic Facts” booklet and video series also explain the benefits of federal registration and suggest resources to help an applicant with his or her application. The booklet is located at http://www.gov.uspto.report/sites/default/files/BasicFacts_0.pdf in pdf format, and the videos are located at http://www.gov.uspto.report/trademarks-getting-started/trademark-basics.
Hiring an Attorney
For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help, an attorney referral service of a state or local bar association, or a local telephone directory. The USPTO may not assist an applicant in the selection of a private attorney. 37 C.F.R. §2.11.
In addition, foreign attorneys, other than authorized Canadian attorneys, are not permitted to represent applicants before the USPTO (e.g., file written communications, authorize an amendment to an application, or submit legal arguments in response to a requirement or refusal). See 37 C.F.R. §§2.17(e), 11.14(c), (e); TMEP §602.03-.03(c).
The only attorneys who may practice before the USPTO in trademark matters are as follows:
(1) Attorneys in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other U.S. commonwealths or U.S. territories; and
(2) Canadian agents/attorneys who represent applicants located in Canada and (a) are registered with the USPTO and in good standing as patent agents or (b) have been granted reciprocal recognition by the USPTO.
See 37 C.F.R. §§2.17(a), (e), 11.1, 11.14(a), (c); TMEP §602.
Appointing a Domestic Representative
Applicant may file a designation of domestic representative form online using the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.
A designation of domestic representative must be personally signed or include an electronic signature personally entered by the individual applicant, someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner), or an authorized attorney. 37 C.F.R. §§2.24(a)(1)(ii), 2.193(a), (e)(8); TMEP §610. In the case of joint applicants, all must sign. 37 C.F.R. §2.193(e)(8); TMEP §610.
Additional Questions
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 or e-mail without incurring this additional fee.
/David C. Mayer/
Examining Attorney
Law Office 121
david.mayer@uspto.gov
(571) 270-3773
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.