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: 1/12/2017

 

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.

 

SEARCH OF OFFICE’S DATABASE OF MARKS

 

The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no similar registered marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).  However, a mark in a prior-filed pending application may present a bar to registration of applicant’s mark.  See additional information below.

 

SUMMARY OF ISSUES

 

• Prior-Filed Application Advisory
• Specimen Partial Refusal
• Identification of Goods and Services Requirement
• Multiple-Class Application Requirement
• Information Requirement

 

PRIOR-FILED APPLICATION ADVISORY

 

The filing date of pending U.S. Application Serial No. 86799363 precedes applicant’s filing date.  See attached referenced application.  If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks.  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 application.

 

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 mark in the referenced application.  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.

 

SPECIMEN PARTIAL REFUSAL

 

The stated refusal refers to International Classes 009 and 028 only, and does not bar registration in the remaining class.

 

International Class 009

 

Registration is refused because the specimen in International Class 009 consists of material used by applicant to conduct its business transactions and thus does not show the applied-for mark in use in commerce for each international class.  Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).  Generally, materials for conducting an applicant’s internal business or carrying out business dealings are not acceptable as specimens to show use in commerce for goods.  See 15 U.S.C. §1127; 37 C.F.R. §2.56(b)(1); In re Chi. Rawhide Mfg. Co., 455 F.2d 563, 565, 173 USPQ 8, 9 (C.C.P.A. 1972); In re Bright of Am., Inc., 205 USPQ 63, 71 (TTAB 1979); TMEP §§904.03, 904.04(b), (c). 

 

Specifically, the specimen consists of an inventory page, which may show the goods applicant has in stock, but it does not show such goods are offered for sale, nor a means to buy the goods.

 

An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each international class of goods identified in the application.  15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).  Examples of specimens for goods include tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, and displays associated with the actual goods at their point of sale.  See TMEP §§904.03 et seq.  Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods.  TMEP §904.03(i). 

 

International Class 028

 

Registration is refused because the specimen in International Class 028 appears to consist of a digitally altered image or a mock-up of the intended depiction of the mark on the goods or their packaging for future use in commerce; however, these provisional samples do not show the applied-for mark in actual use in commerce.  Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a). 

 

A mock-up of a product or its packaging that has been digitally created or otherwise altered to include the mark does not show actual use of the mark in commerce.  See 15 U.S.C. §1127; TMEP §§904.04(a), 904.07(a); cf. In re Chica, Inc., 84 USPQ2d 1845, 1848 (TTAB 2007) (holding that “a mere drawing of the goods with an illustration of how the mark may be displayed” was not an acceptable specimen because it did not show actual use in commerce); In re The Signal Cos., 228 USPQ 956, 957-58 n.4 (TTAB 1986) (noting that a printer’s proof of an advertisement would not be an acceptable specimen because it does not show actual use in commerce).

 

An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each international class of goods identified in the application.  15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).  “Use in commerce” means (1) a bona fide use of the applied-for mark in the ordinary course of trade (and not merely to reserve a right in the mark), (2) the mark is placed in any manner on the goods, packaging, tags or labels, or displays of the goods at their point of sale, and (3) the goods are actually sold or transported in commerce.  See 15 U.S.C. §1127.

 

In addition to the examples of specimens in (2) in the above paragraph, examples of specimens for goods also include instruction manuals, containers, and webpages that include a picture or textual description of the goods associated with the mark and the means to order the goods.  See TMEP §§904.03 et seq. 

 

Applicant may respond to this refusal by satisfying one of the following for each applicable international class:

 

(1)       Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application and (b) shows the mark in actual use in commerce for the goods identified in the application.  A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20:  “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application.”  The substitute specimen cannot be accepted without this statement.

 

(2)       Amend the filing basis to intent to use under Section 1(b), for which no specimen is required.  This option will later necessitate additional fee(s) and filing requirements such as providing a specimen.

 

For an overview of both response options referenced above and instructions on how to satisfy either option online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/specimen.jsp.

 

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

 

IDENTIFICATION OF GOODS AND SERVICES REQUIREMENT

 

Applicant has classified the following goods in International Class 028:  “Mouth guards for athletic use,” “Nordic walking poles,” and “Armbands for designating team member positions in sports activities.”  However, the proper classification for each item is International Classes 009, 018, and 026, respectively.  Additionally, applicant has provided the application fees for only three international classes.  Thus, not all international classes in the application are covered by the application fees.  Because of this disparity, applicant must clarify the number of classes for which registration is sought.  See 37 C.F.R. §§2.32(d), 2.86.  Applicant may respond by (1) adding one or more international class(es) to the application, and reclassifying the above goods accordingly; or (2) deleting from the application the goods for all but the number of international class(es) for which the application fee was submitted.  See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq.  If applicant adds one or more international classes to the application, applicant must comply with the multiple-class application requirements specified in this Office action.

 

Additionally, the wording “Mobile retail store services featuring boxing equipment” in the identification of services is indefinite and must be clarified because how the services are rendered is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to specify the common commercial or generic name for the services.  If there is no common commercial or generic name for the services, then applicant must describe the nature of the services as well as their main purpose, channels of trade, and the intended consumer(s).

 

Applicant may adopt the following identification, if accurate (changes in bold):

 

International Class 009: Protective and safety equipment relating to sport, namely, sports eyewear, goggles; protective clothing, namely, padded clothing for the protection against bodily harm and blunt force trauma; protective headgear, namely, protective helmets, protective sports helmets, protective masks not for medical purposes, protective gloves for protection against accidents; protective helmets, sports helmets and protective gloves all for use in relation to boxing, martial arts; Mouth guards for athletic use

 

            International Class 018: Nordic walking poles    

 

International Class 026: Armbands for designating team member positions in sports activities

 

International Class 028: Athletic protective elbow pads for skateboarding; Athletic sporting goods, namely, a life-size inflatable dummy with water-filled base, for use as target practice for kickboxing workouts; Athletic sporting goods, namely, adhesive tape for hockey stick and uniform support; Athletic sporting goods, namely, adhesive, under-eye glare reduction strips; Athletic sporting goods, namely, athletic wrist and joint supports; Athletic sporting goods, namely, portable pitching mounds; Athletic sporting goods, namely, under-eye grease for reducing glare; Athletic supporters; Athletic tape; Bags for climbers specially adapted for holding climbing equipment; Bags for skateboards; Bags specially adapted for sports equipment; Balls for sports; Barbell neck protectors; Baseball bat bags; Baseball glove bags; Basketball tube bags; Boards used in the practice of water sports; Body protectors for football; Bowling bags; Boxing bag swivel mechanisms; Boxing bags; Boxing gloves; Boxing rings; Boxing swivels; Camouflage screens; Carry bags sold filled with children's toys; Carrying bags specially adapted for toy vehicles; Cases in the form of quivers for sports implements; Cases specially adapted for sports equipment; Chest protectors; Chest protectors for sports; Children's educational toys for developing fine motor, oral language, numbers, counting, colors and alphabet skills sold in a fabric bag which has a clear vinyl window for viewing small trinkets and toys securely contained within the bag itself; Deck grips for sports equipment boards, namely, for surfboards; Discuses; Discuses for sports; Elbow guards for athletic use; Elbow pads for athletic use; Electronic golf ball dispensers; Electronic targets for games and sports; Exercise equipment, namely, abdominal boards; Exercise equipment, namely, rotary abdominal boards; Field hockey goalie pads; Field hockey stick bags; Fishing tackle bags; Fitted protective covers specially adapted for sports equipment, namely, for gymnastic apparatus; Football body protectors; Football chest pads; Football elbow pads; Football knee pads; Football leg pads; Football shoulder pads; Gift baskets comprised primarily of imitation toys sports products, namely, toy game balls and accessories therefor; Gift baskets comprised primarily of toy imitation sporting goods, namely, toy game balls and accessories therefor; Golf bag carts; Golf bag covers; Golf bag pegs; Golf bag straps; Golf bag trolleys; Golf bags; Golf bags with or without wheels; Golf ball dispensers; Golf towel clips for attachment to golf bags; Grip tape for weight training equipment; Hand grips for weight training equipment; Hand pads for athletic use; Handle grips for sporting equipment; Hunting decoy bags; Hurdles; Ice hockey goalie pads; Inflatable bop bags; Inflatable float mattresses or pads for recreational use; Javelins; Karate kick pads; Karate shin pads; Karate target pads; Kidney belts for sports; Knee guards for athletic use; Knee pads for athletic use; Lacrosse ball bags; Lacrosse stick bags; Leader organizers, namely, bags specially adapted for fishing leaders; Leg guards for athletic use; Leg weights for athletic use; Men's athletic supporters; Muscle training braces to be worn on the back for support when playing sports; Needles for pumps for inflating sports equipment; Nets for sports; Non-motorized golf bag carts; Non-slip resin sprays for use by athletes; Outdoor activity game equipment sold as a unit comprising trampolines for playing games; Pads for use in sports, namely, shoulder pads for use in football; Posture correction device, namely, an adjustable harness to correct one's posture for sports or other physical training purposes; Protective athletic cups; Protective padding for playing football; Protective padding for skateboarding; Protective padding for snowboarding; Protective paddings for Taekwondo; Protective supports for shoulders and elbows; Pumps for inflating sports equipment, namely, for gymnastic apparatus; Punching bags; Punching balls; Re-caps, namely, replacement protective caps for joint guards used in athletics; Rosin used by athletes; Safety padding for use on walls of stadiums and field enclosures to prevent injury during sports events; Safety padding for volleyball and tennis uprights; Safety padding for boxing; Self-powered water sports boards; Shin guards for athletic use; Shin pads for athletic use; Shin pads for use in boxing; Shoulder pad elastic for athletic use; Shoulder pad lacelocks for athletic use; Shoulder pad laces for athletic use; Shoulder pads for athletic use; Skateboard riser pads; Sleds; Soccer ball knee pads; Sport balls; Sport fishing accessory, namely, a device which holds the lip of a fish caught by an angler for ease of landing, weighing and release; Sporting goods and equipment for speed training, namely, rings, cones, speed ladders, coaching sticks, training arches, ankle bands, resistance chutes, hurdles; Sporting goods, namely, carriers specially adapted for sport balls; Sports equipment for boxing and martial arts, namely, boxing gloves, boxing bags, punching mitts, belly protectors, groin protectors and shin guards; Sports equipment for boxing and martial arts, namely, boxing gloves, mixed martial arts gloves, punching mitts, and shin guards; Sports equipment for boxing, martial arts, and the like, namely, an apparatus to support a moving heavy bag; Sports equipment for boxing, martial arts, and the like, namely, protective bras; Sports equipment, namely, lower body alignment apparatus; Sports equipment, namely, rotating interfaces specially adapted for attaching snowboards to bindings; Sports field training grids; Sports fitness restraint straps for running in tandem or pairs; Sports training apparatus, namely, ball return machines; Sports training apparatus, namely, pitching machines; Sports training apparatus, namely, soft toss pitching machines; Sportsman's fishing bags; Starting blocks; Storage racks for athletic equipment; Storage racks for athletic training equipment; Surfboard traction pads; Throat protectors for athletic use; Toys, namely, bean bag animals; Traction pads for sports equipment boards, namely, surfboards; Trolley bags specially adapted for football equipment; Trolley bags specially adapted for rugby equipment; Trolley bags specially adapted for soccer equipment; Trolley bags specially adapted for sports equipment; Volleyball tube bags; Waterfowl blind bags; Weighted inserts for footwear for athletic training purposes; Wrist guards for athletic use

 

International Class 035: Computerized on-line retail store services in the field of boxing; Consumer strategy business consulting in the fields of marketing, sales, operation, and product design particularly specializing in the use of analytic models for the understanding and predicting of consumer, business, and retail market trends and actions; Management of professional athletes; Retail store services featuring boxing equipment provided via downloadable mobile applications; On-line consignment services whereby goods are received on consignment for auction on an online auction site; On-line consignment services whereby goods are received on consignment in on-line retail stores featuring boxing equipment; On-line retail consignment stores featuring martial arts equipment; On-line retail department store services; On-line retail store services featuring a wide variety of consumer goods of others; On-line retail store services featuring downloadable sound, music, video and game files in field of boxing; On-line retail store services featuring physical and virtual merchandise for use by members of an online community in connection with a designated website featuring fictional characters; On-line retail store services featuring weight training equipment; Online retail services through direct solicitation by distributors directed to end-users featuring martial art equipment; Online retail services through direct solicitation by salespersons directed to end-users featuring boxing equipment; Online service for connecting social network users with retailers for the purpose of facilitating discounted purchases; Promoting and administering amateur athletic programs and activities; Providing a job-readiness and career-development website featuring information for collegiate athletes that have graduated or who are graduating; Providing an online portal for registration for athletics and fundraising events; Retail apparel stores; Retail department store services; Sports recruiting services for high school athletes; The bringing together of consumers and providers of a variety of goods and services in the field of athletics for commercial purposes via the Internet

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and/or services may not later be reinserted.  See 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.

 

MULTIPLE-CLASS APPLICATION REQUIREMENT

 

The application identifies goods and that are classified in at least five classes; however, applicant submitted fees sufficient for only three classes.  In a multiple-class application, a fee for each class is required.  37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01.  Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.

 

The fee for adding classes to a TEAS Plus application through TEAS is $225 per class.  See 37 C.F.R. §2.6(a)(1)(iv); TMEP §§819.03, 819.04.  For information regarding the requirements for maintaining the lower TEAS Plus fee and, if these requirements are not satisfied, for adding classes at a higher fee by TEAS and in a paper submission, please go to http://www.gov.uspto.report/trademark/laws-regulations/how-satisfy-requirements-multiple-class-trademark-electronic-applicatio-0.

 

The application identifies goods and services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on use in commerce under Section 1(a):

 

(1)       List the goods and services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)       Submit a filing fee for each international class not covered by the fees already paid (view the USPTO’s current fee schedule here).  The application identifies goods and services that are classified in at least three classes; however, applicant submitted fees sufficient for only three classes.  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

(3)       Submit verified dates of first use of the mark anywhere and in commerce for each international class.

 

(4)       Submit a specimen for each international class.  The current specimens are not acceptable for International Classes 009, 018, 026, or 028.  Examples of specimens for goods include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale.  Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods. 

 

(5)       Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.” 

 

See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§ 2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).

 

For an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/multiclass.jsp.

 

INFORMATION REQUIREMENT

 

Applicant must specify whether the letters “RAD” have any significance in applicant’s trade or industry or as applied to the goods and/or services described in the application, or if such letters represent a “term of art” within applicant’s industry.  See 37 C.F.R. §2.61(b); TMEP §814.

 

Failure to respond to a request for information is an additional ground for refusing registration.  See In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship LLP, 67 USPQ2d 1699, 1701 (TTAB 2003); TMEP §814.

 

RESPONSE GUIDELINES

 

For this application to proceed further, applicant must explicitly address each refusal and/or requirement raised in this Office action.  If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register.  Applicant may also have other options for responding to a refusal and should consider such options carefully.  To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.  For more information and general tips on responding to USPTO Office actions, response options, and how to file a response online, see “Responding to Office Actions” on the USPTO’s website.

 

If 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 and the trademark will fail to register.  See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a); TMEP §§718.01, 718.02.  Additionally, the USPTO will not refund the application filing fee, which is a required processing fee.  See 37 C.F.R. §§2.6(a)(1)(i)-(iv), 2.209(a); TMEP §405.04.

 

Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to active status.  See 37 C.F.R. §2.66; TMEP §1714.  There is a $100 fee for such petitions.  See 37 C.F.R. §§2.6, 2.66(b)(1).

 

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.  

 

APPLICANT MAY WISH TO SEEK TRADEMARK COUNSEL

 

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.

 

ASSISTANCE

 

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 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.

 

 

 

/Tamara Hudson/

Examining Attorney

Law Office 104

571.272.2575

tamara.hudson@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 1/12/2017 FOR U.S. APPLICATION SERIAL NO. 87191869

 

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 1/12/2017, using the Trademark Electronic Application System (TEAS) response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  A response transmitted through TEAS must be received before midnight Eastern Time of the last day of the response period.

 

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. 

 

/Tamara Hudson/

Examining Attorney

Law Office 104

571.272.2575

tamara.hudson@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.