To: | CRYPTO INTERNATIONAL LTD. (jm@moas.com) |
Subject: | U.S. Trademark Application Serial No. 87236657 - CRYPTO - 2662/2017 |
Sent: | December 23, 2019 09:17:53 AM |
Sent As: | ecom127@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 87236657
Mark: CRYPTO
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Correspondence Address:
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Applicant: CRYPTO INTERNATIONAL LTD.
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Reference/Docket No. 2662/2017
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
This Office action is supplemental to and supersedes the previous Office action issued on February 27, 2017 in connection with this application. Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new refusal: foreign registration is not a “true” copy. See TMEP §§706, 711.02.
In a previous Office action(s) dated February 27, 2017, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Section 2(d) for a likelihood of confusion with a registered mark. In addition, applicant was required to satisfy the following requirement(s): amend the identification of goods and/or services, provide a copy of the foreign registration.
Based on applicant’s response, the trademark examining attorney notes that the following requirement(s) have been satisfied: amendment of identification of goods and/or services. See TMEP §713.02.
The following refusal(s) have also been obviated: Trademark Act Section 2(d) Refusal for a likelihood of confusion with a registered mark. See id.
The following is a SUMMARY OF ISSUES that applicant must address:
• Foreign Registration Not “True” Copy
Applicant must respond to all issues raised in this Office action and the previous February 27, 2017 Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
FOREIGN REGISTRATION NOT “TRUE” COPY
An acceptable “copy” is a document that has been issued to applicant by, or certified by, the intellectual property office in applicant’s country of origin. TMEP §1004.01. If applicant’s country of origin does not issue registrations or certificates of extension of protection, applicant may submit a copy of the international registration that shows that protection of the international registration has been extended to applicant’s country of origin. TMEP §1016.
Therefore, to perfect the Section 44(e) basis, applicant must submit an acceptable true copy, photocopy, certification, or certified copy of a foreign registration issued to applicant by, or certified by, the intellectual property office in applicant’s country of origin. See 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01. If the foreign certificate of registration is not written in English, applicant must also provide an English translation. 37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b). The translation should be signed by the translator. TMEP §1004.01(b).
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
/Megan Mischler/
Trademark Examining Attorney
Law Office 127
(571) 272-9997
megan.mischler@uspto.gov
RESPONSE GUIDANCE