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.  A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.

 

 

ISSUE/MAILING DATE: 1/13/2017

 

Introduction

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issues below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

Summary of Issues Applicant Must Address:

 

• Section 2(d) Refusal – Likelihood of Confusion
• Prior-Filed Pending Applications

 

Section 2(d) Refusal – Likelihood of Confusion

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 4964522 (REBEL DEB), 4978925 (REBL HQ), 4984343 (REBL HQ), 4984344 (REBL HQ), 4755076 (REBEL WITHOUT A KITCHEN), 4003143 (AMERICAN REBEL) and 3651987 (REBEL ASYLUM).  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registrations.

 

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.

 

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).

 

Marks may be confusingly similar in appearance where similar terms or phrases or similar parts of terms or phrases appear in the compared marks and create a similar overall commercial impression.  See Crocker Nat’l Bank v. Canadian Imperial Bank of Commerce, 228 USPQ 689, 690-91 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n, 811 F.2d 1490, 1495, 1 USPQ2d 1813, 1817 (Fed. Cir. 1987) (finding COMMCASH and COMMUNICASH confusingly similar); In re Corning Glass Works, 229 USPQ 65, 66 (TTAB 1985) (finding CONFIRM and CONFIRMCELLS confusingly similar); In re Pellerin Milnor Corp., 221 USPQ 558, 560 (TTAB 1983) (finding MILTRON and MILLTRONICS confusingly similar); TMEP §1207.01(b)(ii)-(iii).

 

In this case, the applied-for mark is REBEL in standard characters. Five of the registrations are REBEL DEB, REBL HQ, REBEL WITHOUT A KITCHEN, AMERICAN REBEL and REBEL ASYLUM, all in standard characters. Two of the registered marks feature the stylzed wording “REBL HQ”.  All of the marks share the wording “REBEL”/ “REBL”.

 

 

Though applicant’s mark REBEL does not feature the additional wording in the registrations, the mere deletion of wording from a registered mark is not sufficient to overcome a likelihood of confusion in this case.  See In re Mighty Leaf Tea, 601 F.3d 1342, 94 USPQ2d 1257 (Fed. Cir. 2010); In re Optica Int’l, 196 USPQ 775, 778 (TTAB 1977); TMEP §1207.01(b)(ii)-(iii).  Applicant’s mark does not create a distinct commercial impression because it contains the same common wording as the registered marks, and there is no other wording in the applied-for mark to distinguish it from the registered marks.

 

In other words, all of the registrations have additional wording to distinguish among themselves  while applicant’s mark does not.

 

Though two of the registrations feature design elements, it is the wording that is dominant and therefore more likely to cause confusion since consumers are more likely to refer to marks by wording rather than by design elements. For a composite mark containing both words and a design, the word portion may be more likely to be impressed upon a purchaser’s memory and to be used when requesting the goods and/or services.  Joel Gott Wines, LLC v. Rehoboth Von Gott, Inc., 107 USPQ2d 1424, 1431 (TTAB 2013) (citing In re Dakin’s Miniatures, Inc., 59 USPQ2d 1593, 1596 (TTAB 1999)); TMEP §1207.01(c)(ii); see In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908, 1911 (Fed. Cir. 2012) (citing CBS Inc. v. Morrow, 708 F.2d 1579, 1581-82, 218 USPQ 198, 200 (Fed. Cir 1983)).  Thus, although such marks must be compared in their entireties, the word portion is often considered the dominant feature and is accorded greater weight in determining whether marks are confusingly similar, even where the word portion has been disclaimed.  In re Viterra Inc., 671 F.3d at 1366, 101 USPQ2d at 1911 (Fed. Cir. 2012) (citing Giant Food, Inc. v. Nation’s Foodservice, Inc., 710 F.2d 1565, 1570-71, 218 USPQ2d 390, 395 (Fed. Cir. 1983)). 

 

Though three of the registered marks (all using the wording “REBL HQ”) spells the shared wording as “REBL” rather than applicant’s spelling, the words “REBL” and “REBEL” are phonetic equivalents. The marks are essentially phonetic equivalents and thus sound similar.  Similarity in sound alone may be sufficient to support a finding that the marks are confusingly similar.  In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988); see In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581, 1586 (TTAB 2007); TMEP §1207.01(b)(iv).

 

For these reasons, the marks are confusingly similar.

 

Comparison of the Services

 

Applicant’s services are identified as:

 

Class 41: Entertainment services in the nature of continuing program series, featuring live action, comedy and drama provided through cable television, broadcast television, internet, video-on-demand, and through other forms of transmission media; providing online information in the field of entertainment concerning television programs

 

Registrant’s services are identified in Reg. Nos. 4978925 (REBL HQ), 4984344 (REBL HQ), and 4984343 (REBL HQ) as:

 

Class 41: Entertainment Services, Namely, Production and Distribution of Fiction and Non-fiction Motion Pictures for Theatrical Release and for Distribution via Television, Cable Television, the Internet and Digital Media; Production of audio and video recordings, Computer Game software, Computer Software and Non-downloadable Prerecorded Videos Featuring Music, Fiction, Non-fiction and Live Performances via Television, Cable Television, the Internet and Digital Media; Production of Television Programs Featuring Music, Fiction, Non-fiction and Live Performances for Distribution via Television, Cable Television, the Internet and Digital Media; Creating and Developing Concepts for Television Programs; Television, Video and Movie Filming Services; Entertainment Services, Namely, the Creation and Production of television Shows Featuring Live and Pre-recorded Music Concerts, Theatrical Performances, Dance Performances, Comedy Shows, Fictional and Non-fictional Stories and Performances by Amateur and Professional Entertainers Distributed by the Internet, Television, Radio, Digital Media and as Theatrical Motion Pictures; Entertainment in the nature of Television News Shows Distributed by the Internet, Television and Digital Media; Entertainment, Namely, Continuing Music, Comedy, and Variety Shows Broadcast over Television, Radio, Digital Media and the Internet; Multimedia Entertainment Services in the Nature of Script and Music Development, Recording studio services, Production and Post-production Services in the Fields of Movies, Music, Video, Radio, Television, Multimedia Entertainment Software and Films; Education and Entertainment Services, Namely, Production of Ongoing Television Programs and providing a website featuring non-downloadable video programs, all in the Fields of Art, Music Production, Video Production, Audio Production, Computer Design, Television Production, Film Computer Animation, Video and Computer Game Design, Web Design, Teacher and Instructor Credentialing, Graphic Design, Internet Marketing, Media Design, Creative Writing, Journalism, Live Event Production, Entertainment Marketing, Promotion, Fund-raising, Accounting and Advertising, for Independent Artists, Film Makers and Recording Artists

 

Registrant’s services are identified in Reg. No. 4964522 (REBEL DEB) as:

 

Class 41: Entertainment services in the nature of development, creation, production, distribution, and post-production of motion pictures, documentaries, short films, television shows, multimedia entertainment content

 

Registrant’s services are identified in Reg. No. 4755076 (REBEL WITHOUT A KITCHEN) as:

 

Class 41: Creating and developing concepts for television programs; Direction of making radio or television programs; Distribution of television programming to cable television systems; Distribution of television programs featuring cooking, chefs, restaurants, kitchens, food trucks, travel for others to cable television systems; Distribution of television programs for others; Editing of radio and television programmes; Education and entertainment services, namely, ongoing television public service announcements and ongoing television programs in the field of cooking, chefs, restaurants, kitchens, food trucks, travel; Educational and entertainment services, namely, a continuing program about cooking, chefs, restaurants, kitchens, food trucks, travel accessible by means of radio, television, satellite, audio, video, satellite, audio and video media, and computer networks; Educational and entertainment services, namely, a continuing program about cooking, chefs, restaurants, kitchens, food trucks, travel accessible by radio, television, satellite, audio, video and computer networks; Entertainment and educational services, namely, the presentation of seminars, lectures, workshops and panel discussions, and ongoing television and radio talk shows all in the field of public interest concerning cooking, chefs, restaurants, kitchens, food trucks, travel; Entertainment and educational services, namely, the presentation of seminars, workshops and panel discussions, and ongoing television and radio shows all in the field of cooking, chefs, restaurants, kitchens, food trucks, travel; Entertainment in the nature of an ongoing special variety, news, music or comedy show featuring cooking, chefs, restaurants, kitchens, food trucks, travel broadcast over television, satellite, audio, and video media; Entertainment in the nature of ongoing television programs in the field of cooking, chefs, restaurants, kitchens, food trucks, travel; Entertainment media production services for motion pictures, television and Internet; Entertainment services in the nature of an ongoing reality based television program; Entertainment services in the nature of creation, development, and production of television programming; Entertainment services, namely, an ongoing series featuring cooking, chefs, restaurants, kitchens, food trucks, travel provided through radio, television, satellite, audio, video, satellite, audio and video media, and computer networks; Entertainment services, namely, production and distribution of ongoing television programs in the field of cooking, chefs, restaurants, kitchens, food trucks, travel; Entertainment services, namely, providing ongoing television programs in the field of cooking, chefs, restaurants, kitchens, food trucks, travel via a global computer network; Entertainment, namely, a continuing cooking, chefs, restaurants, kitchens, food trucks, travel show broadcast over television, satellite, audio, and video media; Entertainment, namely, a continuing cooking, chefs, restaurants, kitchens, food trucks, travel show broadcast over radio, television, satellite, audio, video, satellite, audio and video media, and computer networks; Production and distribution of television shows and movies; Production of cable television programs; Production of closed caption television programs; Production of DVDs, videotapes and television programs featuring cooking, chefs, restaurants, kitchens, food trucks, travel; Production of radio and television programs; Production of video and creation of visual effects for others for use in DVDs, television programs and on web sites; Providing entertainment services in the nature of ongoing Internet Protocol Television (IPTV) television programming segments in the field of cooking, chefs, restaurants, kitchens, food trucks, travel; Providing information regarding the production and distribution of ongoing television programs in the field of cooking, chefs, restaurants, kitchens, food trucks, travel; Providing on-line entertainment information, namely, information about television programming; Provision of information relating to distribution of television shows, motion picture film and radio shows; Provision of information relating to television, motion picture film, audio and radio production; Provision of non-downloadable films and television programmes via a video-on-demand service; Television show production; Television, video and movie filming services

 

Registrant’s services are identified in Reg. No. 400314 (AMERICAN REBEL) as:

 

Class 41: Arranging and conducting nightclub entertainment events; Arranging for ticket reservations for shows and other entertainment events; Arranging, organizing, conducting, and hosting social entertainment events; Booking of entertainment halls; Entertainment in the nature of fashion shows; Entertainment in the nature of live performances by musical acts; Entertainment in the nature of live radio personality performances; Entertainment in the nature of television news shows; Entertainment in the nature of theater productions; Entertainment in the nature of visual and audio performances, and musical, variety, news and comedy shows; Entertainment in the nature of visual and audio performances, namely, musical band, rock group, gymnastic, dance, and ballet performances; Entertainment in the nature of musical performances in the field of hiphop, RnB and rock; Entertainment services in the nature of development, creation, production and post-production services of multimedia content; Entertainment services in the nature of live musical performances; Entertainment services, namely, an on-line activity where you create your own music videos; Entertainment services, namely, providing a web site featuring musical performances, musical videos, related film clips, photographs, and other multimedia materials featuring a musical and film artist; Entertainment services, namely, providing a web site featuring photographic, audio, video and prose presentations featuring a musical and film artist; Entertainment services, namely, providing a web site featuring user-generated videos on a wide variety of topics and subjects; Entertainment services, namely, providing non-downloadable playback of music via global communications networks; Entertainment services, namely, providing nondownloadable prerecorded music, information in the field of music, and commentary and articles about music, all on-line via a global computer network; Entertainment services, namely, providing on-line reviews of Musical acts; Entertainment, namely, live music concerts; Entertainment, namely, live performances by a musical band; Entertainment, namely, live performances by musical bands; Entertainment, namely, television news shows; Media production location scouting services for entertainment purposes; Mobile media and entertainment services in the nature of content preparation; Mobile media and entertainment services in the nature of content preparation, post-production; Mobile media and entertainment services in the nature of content preparation, production and post-production; Multimedia entertainment services in the nature of development, production and post-production services in the fields of video and films; Multimedia entertainment services in the nature of recording, production and post-production services in the fields of music, video, and films; Multimedia entertainment software production services; On-line entertainment ticket agency services; Organizing and arranging exhibitions for entertainment purposes; Organizing exhibitions for entertainment purposes in connection with a musical artist; Providing information and articles in the field of film, filmmaking, and entertainment via a global computer network; Radio entertainment production; Ticket reservation and booking services for entertainment, sporting and cultural events

 

Registrant’s services are identified in Reg. No. 3651987 (REBEL ASYLUM) as:

 

Class 41: Audio recording and production; Motion picture film production; Production of radio or television programs; Television show production

 

The question of likelihood of confusion is determined based on the description of the services stated in the application and registration at issue, not on extrinsic evidence of actual use.  See Octocom Sys. Inc. v. Hous. Computers Servs. Inc., 918 F.2d 937, 942, 16 USPQ2d 1783, 1787 (Fed. Cir. 1990); see also Hewlett-Packard Co. v. Packard Press Inc., 281 F.3d 1261, 1267, 62 USPQ2d 1001, 1004 (Fed. Cir. 2002). 

 

Absent restrictions in an application and/or registration, the identified services 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 services 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 identifications set forth in the application and registrations have no restrictions as to nature, type, channels of trade, or classes of purchasers.  Therefore, it is presumed that these services travel in all normal channels of trade, and are available to the same class of purchasers. 

 

Applicant’s “entertainment services in the nature of continuing program series, featuring live action, comedy and drama provided through cable television, broadcast television, internet, video-on-demand, and through other forms of transmission media; [and] providing online information in the field of entertainment concerning television programs” necessarily encompass all types and aspects of continuing programs featuring live action, comedy and drama and information on all types of television programs. The registrants’ services specified below are either encompassed by applicant’s services or vice versa.

 

Reg. Nos. 4978925 (REBL HQ), 4984344 (REBL HQ), and 4984343 (REBL HQ):

 

Production of audio and video recordings

 

Live performances via television, cable television, the internet and digital media

 

Production of Television Programs Featuring Music, Fiction, Non-fiction and Live Performances for Distribution via Television, Cable Television, the Internet and Digital Media

 

Entertainment Services, Namely, the Creation and Production of television Shows Featuring Live and Pre-recorded Music Concerts, Theatrical Performances, Dance Performances, Comedy Shows, Fictional and Non-fictional Stories and Performances by Amateur and Professional Entertainers Distributed by the Internet, Television, Radio, Digital Media and as Theatrical Motion Pictures; Entertainment in the nature of Television News Shows Distributed by the Internet, Television and Digital Media

 

Entertainment, Namely, Continuing Music, Comedy, and Variety Shows Broadcast over Television, Radio, Digital Media and the Internet

 

Education and Entertainment Services, Namely, Production of Ongoing Television Programs and providing a website featuring non-downloadable video programs, all in the Fields of Art, Music Production, Video Production, Audio Production, Computer Design, Television Production, Film Computer Animation, Video and Computer Game Design, Web Design, Teacher and Instructor Credentialing, Graphic Design, Internet Marketing, Media Design, Creative Writing, Journalism, Live Event Production, Entertainment Marketing, Promotion, Fund-raising, Accounting and Advertising, for Independent Artists, Film Makers and Recording Artists

 

Reg. No. 4964522 (REBEL DEB)

 

Entertainment services in the nature of development, creation, production, distribution, and post-production of motion pictures, documentaries, short films, television shows, multimedia entertainment content

 

Reg. No. 4755076 (REBEL WITHOUT A KITCHEN)

 

Creating and developing concepts for television programs;

 

Entertainment in the nature of ongoing television programs in the field of cooking, chefs, restaurants, kitchens, food trucks, travel; Entertainment media production services for motion pictures, television and Internet; Entertainment services in the nature of an ongoing reality based television program; Entertainment services in the nature of creation, development, and production of television programming; Entertainment services, namely, an ongoing series featuring cooking, chefs, restaurants, kitchens, food trucks, travel provided through radio, television, satellite, audio, video, satellite, audio and video media, and computer networks; Entertainment services, namely, production and distribution of ongoing television programs in the field of cooking, chefs, restaurants, kitchens, food trucks, travel; Entertainment services, namely, providing ongoing television programs in the field of cooking, chefs, restaurants, kitchens, food trucks, travel via a global computer network; Entertainment, namely, a continuing cooking, chefs, restaurants, kitchens, food trucks, travel show broadcast over television, satellite, audio, and video media; Entertainment, namely, a continuing cooking, chefs, restaurants, kitchens, food trucks, travel show broadcast over radio, television, satellite, audio, video, satellite, audio and video media, and computer networks

 

production and distribution of television shows and movies

 

production of cable television programs

 

Providing information regarding the production and distribution of ongoing television programs in the field of cooking, chefs, restaurants, kitchens, food trucks, travel; Providing on-line entertainment information, namely, information about television programming; Provision of information relating to distribution of television shows, motion picture film and radio shows; Provision of information relating to television, motion picture film, audio and radio

 

Television show production

 

Reg. No. 400314 (AMERICAN REBEL)

 

Entertainment in the nature of television news shows

 

Entertainment services in the nature of development, creation, production and post-production services of multimedia content;

 

Multimedia entertainment services in the nature of recording, production and post-production services in the fields of music, video, and films

 

Providing information and articles in the field of film, filmmaking, and entertainment via a global computer network

 

Reg. No. 3651987 (REBEL ASYLUM)

 

Production of radio or television programs

 

Television show production

Accordingly, since the parties’ marks and services are closely related, confusion is likely.

 

Although applicant’s mark has been refused registration, applicant may respond to the refusals by submitting evidence and arguments in support of registration.

 

Applicant should note the following additional potential ground for refusal.

 

Prior-Filed Pending Applications

 

The filing dates of pending U.S. Application Serial Nos. 86467874 (REBL HEADQUARTERS), 86467808 (REBEL HEADQUARTERS), and 86467764 (REBEL HQ) precede applicant’s filing date.  See attached referenced applications.  If one or more of the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s).  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced applications.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

 

Response Guidelines

 

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 formal 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 refusals and/or requirements 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.

 

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.  

 

 

 

/Parker Howard/

Examining Attorney

U.S. Patent and Trademark Office

Law Office 117

571-272-6548

Parker.Howard@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 1/13/2017 FOR U.S. APPLICATION SERIAL NO. 87190917

 

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 1/13/2017 (or sooner if specified in the Office action).  A response transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the response period.  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 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.