United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Owner’s Trademark Registration

 

U.S. Registration No. 5199962   Mark:  BLACKHAWK
Correspondence Address:         Michael N. Spink        Dickinson Wright PLLC        350 South Main Street        Suite 300        Ann Arbor, MI 48104
Owner:  CONTITECH USA, INC.
Reference/Docket No. 91832-00019            Correspondence Email Address:         DWTrademarks@dickinsonwright.com;MSpink@dickinsonwright.com;JLevoska@dickinsonwright.com

 

 

OFFICE ACTION

 

 

The USPTO must receive the owner’s response to this letter within the time period specified below.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears below.

 

Issue date:  December 8, 2023

 

 

The Sections 8 & 15 Combined Affidavit submitted on May 04, 2023, cannot be accepted or acknowledged for the reasons set forth below.

 

The appointment of an attorney in the Combined Sections 8 & 15 Affidavit or Declaration is ineffective because the affidavit or declaration was signed by the listed attorney.  See 37 C.F.R. §§2.19(a)(1), 2.193(e)(3); TMEP §§604.04, 606.  Therefore, the previous power of attorney filed on February 21, 2020 date of previous power of attorney remains effective and the USPTO will continue to recognize the attorney appointed on that date as the owner’s representative.  See TMEP §§604.04, 606. 

 

Because the attorney that signed the Combined Sections 8 & 15 Affidavit or Declaration is not currently recognized as the owner’s representative, there is a question as to the attorney’s authority to sign the maintenance filing. 

 

Therefore, the owner must submit:

 

(1)   A new power of attorney signed by the individual owner or a person with legal authority to bind a juristic owner (e.g., corporate officer or general partner of a partnership); and

 

(2)   A properly signed response to this Office action that includes a statement that the newly appointed attorney had authority to sign the original affidavit or declaration. 

 

See 37 C.F.R. §§2.17(c), 2.163(b), 2.193(e)(2); TMEP §§605.01, 611.03(a), 1604.08(a), 1605.04.     

 

RESPONSE TIME DEADLINE:  A complete response must be received within 6 months from the issuance date of this Office action.  The owner must respond to all inquiries set forth in this Office action to avoid cancellation of the registration.  If a response is not received, the registration will be cancelled in its entirety.  37 C.F.R. §2.163(b)-(c); TMEP §1604.16.

 

 

 

How to respond.  Click to file a Response to Post-Registration Office action. 

 

Beware of trademark-related scams.  Owners/Holders are recommended to protect themselves from people and companies that may try to take financial advantage of them based on the information in their trademark registration.  Private companies may call owners/holders and pretend to be the USPTO or may send communications that resemble official USPTO documents to trick owners/holders into paying unnecessary fees.  Be advised that the USPTO will never request a credit card number or social security number over the phone.  Owners/Holders are strongly encouraged to verify correspondence originating from the USPTO by entering the registration number in the USPTO database, TSDR, to confirm that it appears under the “Documents” tab, or contacting the Trademark Assistance Center. 

 

Direct questions about this Office action to the Post Registration staff member below.

 

 

Harpreet Singh

/Harpreet Singh/

Lead Trademark Specialist

Phone: 571-272-9551

Email: Harpreet.singh@uspto.gov

 

 

RESPONSE GUIDANCE

·        Response must be received by the USPTO on or before 11:59 p.m. Eastern Time of the last day of the response period.  TEAS maintenance or unforeseen circumstances could affect an owner’s ability to timely respond.  

 

·        Responses signed by an unauthorized party are not accepted or processed.  If the owner does not have an attorney, the response must be signed by the individual owner, all joint owners, or someone with legal authority to bind a juristic owner.  If the owner has an attorney, the response must be signed by the attorney.

 

·        If needed, find contact information for the supervisor of the office or unit listed in the signature block.