Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

NOTICE OF INCOMPLETE DIVISIONAL REQUEST

STRICT DEADLINE TO RESPOND TO THIS LETTER

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

ISSUE/MAILING DATE: 4/5/2018

U.S. Serial Number  87156574

DIVISIONAL REQUEST NOT ACCEPTED

The request to divide the above-identified application filed on March 28, 2018, appears to have been improperly signed by a person with no legal authority to bind or represent applicant and cannot be processed.  All requests to divide must be properly signed before they can be processed.  37 C.F.R. §§2.87(f), 2.193(e)(2); TMEP §§611.03(b), 1110.06.  Therefore, applicant has thirty (30) days from the date of this Office action to submit a properly signed request to divide, otherwise, the request will not be processed. 

A request to divide an application must be submitted in a document separate from any other document, be identified as a “request to divide the application,” and be properly signed.  37 C.F.R. §2.87(d), (f); TMEP §1110.04.

GUIDELINES FOR SIGNING REQUEST TO DIVIDE:  Where an applicant is not represented by an attorney, the request to divide must be signed by the individual applicant or someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner).  In the case of joint applicants, all must sign.  37 C.F.R. §2.193(e)(2)(ii); TMEP §§611.03(b), 611.06 et seq.  Where an applicant is represented by an attorney, the attorney must sign the request to divide.  37 C.F.R. §2.193(e)(2)(i); TMEP §611.03(b).  The proper signatory must personally sign or personally enter his/her electronic signature.  See 37 C.F.R. §2.193(a), (e)(2); TMEP §§611.01(b), 611.02.

Please call the undersigned with any questions.

/Lynette Patterson/

Paralegal Specialist

Office of Trademark Services

ITU/Divisional Unit

Phone - (571) 272-9507

lynette.patterson@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.