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: 12/13/2016

 

Because of the legal technicalities and strict deadlines involved in the USPTO application process, applicant may wish to hire a private attorney specializing in trademark matters to represent applicant in this process and provide legal advice.  Although the undersigned trademark examining attorney is permitted to help an applicant understand the contents of an Office action as well as the application process in general, no USPTO attorney or staff is permitted to give an applicant legal advice or statements about an applicant’s legal rights.  TMEP §§705.02, 709.06. 

 

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.

 

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.

 

1. Section 2(d) Refusal

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 5020031.  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 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 similarity of the trade channels of the goods.  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.

 

Here, applicant is applying to register the mark MIMOSA for use in association with “A-shirts; Knit bottoms; Knit dresses; Knit face masks; Knit jackets; Knit shirts; Knit skirts; Knit tops; Knitted caps; Knitted gloves; Knitted underwear; Pajama bottoms; Pajamas; Pajamas treated with fire and heat retardants; Pants; Pants for ALL; Pyjamas; Pyjamas; Shirt inserts, namely, dickies; Socks; Sweaters; Sweaters for MEN, WOMEN, CHILDREN, BABIES, TODDLER, INFANTS, ADULTS; Sweaters made in whole or in substantial part of COTTON, WOOL, POLYESTER, CASHMERE; T-shirts; T-shirts for ALL; Tank-tops; Tank tops; Thermal socks; Thermal underwear; Under garments; Woven bottoms; Woven dresses; Woven or knitted underwear; Woven shirts; Woven skirts; Woven tops; Yoga pants; Yoga shirts; Abayas; Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic pants; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic tops and bottoms for ALL; Babies' pants; Baby doll pyjamas; Balloon pants; Biketards; Body linen; Button-front aloha shirts; Caftans; Camouflage pants; Capri pants; Cargo pants; Chemisettes; Children's and infant's apparel, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's and infant's apparel, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's and infants' apparel treated with fire and heat retardants, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's and infants' apparel treated with fire and heat retardants, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Clothing shields, namely, pads applied to the underarms of shirts, blouses and sweaters; Crop pants; Dance pants; Denims; Dress pants; Finished textile linings for garments; Flood pants; Foundation garments; Foundation garments worn around the midsection or thighs to keep the stomach in and create a slimming effect; Frocks; Girdles; Golf pants, shirts and skirts; Graphic T-shirts; Gym pants; Horse-riding pants; Hunting pants; Jeggings, namely, pants that are partially jeans and partially leggings; Jogging pants; Kaftans; Korean outer jackets worn over basic garment; Leather pants; Leg shielding device, attachable to and detachable from a person's pants, comprised of padding to shield the legs from flying debris when mowing with a string trimmer; Lounge pants; Maternity clothing, namely, SHIRTS, PANTS, SHORTS, GOWN, TOPS, BOTTOMS, INNERWEAR, OUTER WEAR; Moisture-wicking sports pants; Non-disposable cloth training pants; Nurse pants; One piece garment for infants and toddlers; One-piece garments for children; Petti-pants; Pinafores; Pique shirts; Polo knit tops; Pram suits; Sarees; Saris; Shapewear; Shapewear, namely, SHAPEWEAR; Short-sleeved or long-sleeved t-shirts; Ski pants; Sleep pants; Sleeping garments; Snow pants; Snowboard pants; Sports pants; Stretch pants; Sun protective clothing, namely, SHIRTS, PANTS, SHORTS, GOWN, TOPS, BOTTOMS, INNERWEAR, OUTER WEAR; Sweat pants; Sweatshirts for ALL; Tankinis; Tap pants; Toboggan hats, pants and caps; Track pants; Travel clothing contained in a package comprising reversible jackets, pants, skirts, tops and a belt or scarf; Tuques; Under garments; Waistband extender consisting of a button and button hole mounted on a strip of fabric that is inserted into the existing waistband of a garment; Waterproof jackets and pants; Wearable garments and clothing, namely, shirts; Wind pants; Windcheaters; Woven or knitted underwear; Yoga pants.”

 

MIMOZZAS is registered for use in association “Bottoms; Footwear; Gloves; Hats; Jackets; Swimwear; Tops; Undergarments; Women's clothing, namely, shirts, dresses, skirts, blouses.”

 

Comparison 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).

 

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. Triumph 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).

 

In this case, the registered mark is similar in sound to the plural of the applicant’s mark.  Slight differences in the sound of similar marks will not avoid a likelihood of confusion.  In re Energy Telecomm. & Elec. Ass’n, 222 USPQ 350, 351 (TTAB 1983); see In re Viterra Inc., 671 F.3d 1358, 1367, 101 USPQ2d 1905, 1912 (Fed. Cir. 2012).

 

Thus, the marks are similar, as both marks sound like MIMOSA[S].

 

Comparison of the Goods

 

With respect to applicant’s and registrant’s goods, the question of likelihood of confusion is determined based on the description of the goods stated in the application and registration at issue, not on extrinsic evidence of actual use.  See Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1323, 110 USPQ2d 1157, 1162 (Fed. Cir. 2014) (quoting Octocom Sys. Inc. v. Hous. Computers Servs. Inc., 918 F.2d 937, 942, 16 USPQ2d 1783, 1787 (Fed. Cir. 1990)). 

 

Absent restrictions in an application and/or registration, the identified goods are “presumed to travel in the same channels of trade to the same class of purchasers.”  In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)).  Additionally, unrestricted and broad identifications are presumed to encompass all goods of the type described.  See In re Jump Designs, LLC, 80 USPQ2d 1370, 1374 (TTAB 2006) (citing In re Elbaum, 211 USPQ 639, 640 (TTAB 1981)); In re Linkvest S.A., 24 USPQ2d 1716, 1716 (TTAB 1992). 

 

In this case, the identification set forth in the application and registration has no restrictions as to nature, type, channels of trade, or classes of purchasers.  Therefore, it is presumed that these goods travel in all normal channels of trade, and are available to the same class of purchasers. 

 

Here, both marks are for use with a wide variety of clothing.  Moreover, the registrant’s identification of goods is very broad, and encompasses all of the applicant’s goods, i.e., “tops, bottoms, footwear, gloves, hats, jackets, swimwear, and undergarments” encompass pretty much every type of clothing.  Neither the application nor the registration(s) contains any limitations regarding trade channels for the goods and therefore it is assumed that registrant’s and applicant’s goods are sold everywhere that is normal for such items, i.e., clothing and department stores.  Thus, it can also be assumed that the same classes of purchasers shop for these items and that consumers are accustomed to seeing them sold under the same or similar marks.  See Kangol Ltd. v. KangaROOS U.S.A., Inc., 974 F.2d 161, 23 USPQ2d 1945 (Fed. Cir. 1992); In re Smith & Mehaffey, 31 USPQ2d 1531 (TTAB 1994); TMEP §1207.01(a)(iii).

 

Decisions regarding likelihood of confusion in the clothing field have found many different types of apparel to be related goods.  Cambridge Rubber Co. v. Cluett, Peabody & Co., 286 F.2d 623, 624, 128 USPQ 549, 550 (C.C.P.A. 1961) (women’s boots related to men’s and boys’ underwear); Jockey Int’l, Inc. v. Mallory & Church Corp., 25 USPQ2d 1233, 1236 (TTAB 1992) (underwear related to neckties); In re Melville Corp., 18 USPQ2d 1386, 1388 (TTAB 1991) (women’s pants, blouses, shorts and jackets related to women’s shoes); In re Pix of Am., Inc., 225 USPQ 691, 691-92 (TTAB 1985) (women’s shoes related to outer shirts); In re Mercedes Slacks, Ltd., 213 USPQ 397, 398-99 (TTAB 1982) (hosiery related to trousers); In re Cook United, Inc., 185 USPQ 444, 445 (TTAB 1975) (men’s suits, coats, and trousers related to ladies’ pantyhose and hosiery); Esquire Sportswear Mfg. Co. v. Genesco Inc., 141 USPQ 400, 404 (TTAB 1964) (brassieres and girdles related to slacks for men and young men).

 

Consumers are likely to be confused as to the source of the goods because the marks are similar in sound, and the registrant’s goods encompass those of the applicant.  Accordingly, registration is refused because consumers are going to be confused as to the source of the goods.  Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.

 

If applicant responds to the refusal, applicant must also respond to the requirement set forth below.

 

2. Filing Basis Omitted

 

Applicant has not specified a filing basis in the application.  An application must specify and meet the requirements of at least one filing basis.  37 C.F.R. §§2.32(a)(5), 2.34(a); TMEP §806.  Accordingly, applicant must (1) amend the application to specify clearly at least one filing basis, and (2) satisfy all the requirements for the basis or bases asserted. 

 

An applicant may add one or more of the following four bases to an application after filing:

 

(1)            Use of the mark in commerce under Trademark Act Section 1(a);

 

(2)            A bona fide intention to use the mark in commerce under Section 1(b);

 

(3)            A foreign registration of the same mark for the same goods and/or services in an applicant’s country of origin, under Section 44(e); and/or

 

(4)            An earlier-filed foreign application of the same mark for the same goods and/or services, which was filed within six months of the filing date of the U.S. application, under Section 44(d).

 

Although an applicant may assert more than one basis, an applicant may not assert both Section 1(a) for use and Section 1(b) for intent to use for identical goods.  37 C.F.R. §2.34(b); TMEP §806.02(b).

 

For more information about the different legal requirements for each basis, for submitting more than one basis, and for instructions on how to satisfy these requirements online using the Trademark Electronic Application System (TEAS) form, please go to the Basis webpage.

 

Use Basis Requirements

 

To amend an application to one based on use of the mark in commerce under Trademark Act Section 1(a), an applicant must provide the following:  (1) a statement that “the mark is in use in commerce and was in use in commerce as of the application filing date;” (2) dates of first use of the mark; (3) a specimen for each class and a statement that “the specimen(s) was in use in commerce at least as early as the application filing date;” and (4) verification, in an affidavit or signed declaration under 37 C.F.R. §2.20, of these two statements and the dates of first use.  See 37 C.F.R. §2.34(a)(1); TMEP §§903, 904.

 

For more information about Section 1(a) basis requirements, and instructions on how to satisfy them online using the Trademark Electronic Application System (TEAS) form, please go to the Basis webpage.

 

Intent to Use Requirements

 

To amend an application to one based on a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), an applicant must provide the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20:  “Applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date.”  See 37 C.F.R. §2.34(a)(2).

 

For more information about Section 1(b) basis requirements, and instructions on how to satisfy them online using the Trademark Electronic Application System (TEAS) form, please go to the Basis webpage.

 

3. Name and Citizenship of Sole Proprietor Omitted

 

Applicant is identified in the application as a sole proprietorship named “Ershadhul Chowdhury”, organized in California.  In addition to the applicant name and U.S. state or country of organization provided, however, applicant must also specify the name and national citizenship of the individual person who is the sole proprietor.  TMEP §803.03(a).

 

The following format for identifying a sole proprietorship should be used:  “Young Again, a California sole proprietorship, composed of Ershadhul Chowdhury, a citizen of the United States.”  TMEP §803.03(a).  The name of the sole proprietorship and the name of the individual can be the same. 

 

If, rather than a sole proprietorship, applicant is instead an individual person doing business under an assumed business name, then the following format should be used:  “Ershadhul Chowdhury, a citizen of the United States, doing business as Young Again.”  TMEP §§803.02(a), 803.04.

 

4. Clarification of the Identification of Goods

 

The wording “all; innerwear; outerwear” in the identification of goods is indefinite and must be clarified because it is overly broad.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend the identification to specify the intended user and the particular articles of clothing.  If there is no common commercial name, applicant must describe the product and its intended uses. 

 

Applicant may substitute the following wording, if accurate:

 

International Class 025:       A-shirts; Knit bottoms; Knit dresses; Knit face masks; Knit jackets; Knit shirts; Knit skirts; Knit tops; Knitted caps; Knitted gloves; Knitted underwear; Pajama bottoms; Pajamas; Pajamas treated with fire and heat retardants; Pants; Pants for for men, women, children, babies, toddler, infants, and adults; Pyjamas; Pyjamas; Shirt inserts, namely, dickies; Socks; Sweaters; Sweaters for men, women, children, babies, toddler, infants, and adults; Sweaters made in whole or in substantial part of cotton, wool, polyester, and cashmere; T-shirts; T-shirts for men, women, children, babies, toddler, infants, and adults; Tank-tops; Tank tops; Thermal socks; Thermal underwear; Under garments; Woven bottoms; Woven dresses; Woven or knitted underwear; Woven shirts; Woven skirts; Woven tops; Yoga pants; Yoga shirts; Abayas; Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic pants; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic tops and bottoms for men, women, children, babies, toddler, infants, and adults; Babies' pants; Baby doll pyjamas; Balloon pants; Biketards; Body linen; Button-front aloha shirts; Caftans; Camouflage pants; Capri pants; Cargo pants; Chemisettes; Children's and infant's apparel, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's and infant's apparel, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's and infants' apparel treated with fire and heat retardants, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's and infants' apparel treated with fire and heat retardants, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Clothing shields, namely, pads applied to the underarms of shirts, blouses and sweaters; Crop pants; Dance pants; Denims; Dress pants; Finished textile linings for garments; Flood pants; Foundation garments; Foundation garments worn around the midsection or thighs to keep the stomach in and create a slimming effect; Frocks; Girdles; Golf pants, shirts and skirts; Graphic T-shirts; Gym pants; Horse-riding pants; Hunting pants; Jeggings, namely, pants that are partially jeans and partially leggings; Jogging pants; Kaftans; Korean outer jackets worn over basic garment; Leather pants; Leg shielding device, attachable to and detachable from a person's pants, comprised of padding to shield the legs from flying debris when mowing with a string trimmer; Lounge pants; Maternity clothing, namely, shirts, pants, shorts, gown, tops, and bottoms; Maternity innerwear and outerwear, namely, {indicate the particular articles of clothing, e.g., jackets, robes}; Moisture-wicking sports pants; Non-disposable cloth training pants; Nurse pants; One piece garment for infants and toddlers; One-piece garments for children; Petti-pants; Pinafores; Pique shirts; Polo knit tops; Pram suits; Sarees; Saris; Shapewear; Shapewear, namely, girdles and bras; Short-sleeved or long-sleeved t-shirts; Ski pants; Sleep pants; Sleeping garments; Snow pants; Snowboard pants; Sports pants; Stretch pants; Sun protective clothing, namely, shirts, pants, shorts, gowns, tops, and bottoms; Sun protective innerwear and outerwear, namely, {indicate the common commercial name for the goods, e.g., jackets}; Sweat pants; Sweatshirts for men, women, children, babies, toddler, infants, and adults; Tankinis; Tap pants; Toboggan hats, pants and caps; Track pants; Travel clothing contained in a package comprising reversible jackets, pants, skirts, tops and a belt or scarf; Tuques; Under garments; Waistband extender consisting of a button and button hole mounted on a strip of fabric that is inserted into the existing waistband of a garment; Waterproof jackets and pants; Wearable garments and clothing, namely, shirts; Wind pants; Windcheaters; Woven or knitted underwear; Yoga pants

 

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. 

 

RESPONDING TO THIS OFFICE ACTION

 

To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp.  If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/trademarks/teas/e_filing_tips.jsp and e-mail technical questions to TEAS@uspto.gov.

 

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.

 

 

/Eli J. Hellman/

Trademark Examining Attorney

United States Patent & Trademark Office

Law Office 112

(571) 272-8276

eli.hellman@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 12/13/2016 FOR U.S. APPLICATION SERIAL NO. 87154771

 

Your trademark application has been reviewed.  The trademark examining attorney assigned by the USPTO to your application has written an official letter to which you must respond.  Please follow these steps:

 

(1)  Read the LETTER by clicking on this link or going to http://tsdr.gov.uspto.report/, entering your U.S. application serial number, and clicking 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)  Respond within 6 months (or sooner if specified in the Office action), calculated from 12/13/2016, using the Trademark Electronic Application System (TEAS) response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.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. 

 

(3)  Questions about the contents of the Office action itself should be directed to the trademark examining attorney who reviewed your application, identified below. 

 

/Eli J. Hellman/

Trademark Examining Attorney

United States Patent & Trademark Office

Law Office 112

(571) 272-8276

eli.hellman@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.