Offc Action Outgoing

ROSE

ROSE HOLDINGS LLC

U.S. TRADEMARK APPLICATION NO. 87247848 - ROSE - N/A

To: ROSE HOLDINGS LLC (jonathan@ckl.com)
Subject: U.S. TRADEMARK APPLICATION NO. 87247848 - ROSE - N/A
Sent: 3/7/2017 2:21:00 PM
Sent As: ECOM104@USPTO.GOV
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UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

U.S. APPLICATION SERIAL NO.  87247848

 

MARK: ROSE

 

 

        

*87247848*

CORRESPONDENT ADDRESS:

       JONATHAN GRANT MORTON

       246 WEST BROADWAY

       4TH FLOOR

       NEW YORK, NY 10013

       

 

CLICK HERE TO RESPOND TO THIS LETTER:

http://www.gov.uspto.report/trademarks/teas/response_forms.jsp

 

VIEW YOUR APPLICATION FILE

 

APPLICANT: ROSE HOLDINGS LLC

 

 

 

CORRESPONDENT’S REFERENCE/DOCKET NO:  

       N/A

CORRESPONDENT E-MAIL ADDRESS: 

       jonathan@ckl.com

 

 

 

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: 3/7/2017

 

 

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

 

Search Deferred

 

A search of the Office’s database of registered and pending marks for potentially conflicting marksis deferred until applicant responds to the issues raised in this Office action.  TMEP §704.02.

 

Refusal-The Proposed Mark is Merely Descriptive-Generic Advisory

 

 

Registration is refused because the applied-for mark merely describes a feature or characteristic of applicant’s goods and services.  Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.

 

In addition to being merely descriptive, the applied-for mark appears to be generic in connection with the identified goods in International Classes 3, 14 and 25 and, therefore, incapable of functioning as a source-identifier for applicant’s goods.  In re Gould Paper Corp., 834 F.2d 1017, 5 USPQ2d 1110 (Fed. Cir. 1987); In re Pennzoil Prods. Co., 20 USPQ2d 1753 (TTAB 1991); see TMEP §§1209.01(c) et seq., 1209.02(a).  Under these circumstances, neither an amendment to proceed under Trademark Act Section 2(f) nor an amendment to the Supplemental Register can be recommended.  See TMEP §1209.01(c).

 

A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant’s goods or services.  TMEP §1209.01(b); see, e.g., In re TriVita, Inc., 783 F.3d 872, 874, 114 USPQ2d 1574, 1575 (Fed. Cir. 2015) (quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005) (citing Estate of P.D. Beckwith, Inc. v. Comm’r of Patents, 252 U.S. 538, 543 (1920)). 

 

A mark is merely descriptive if “it immediately conveys knowledge of a quality, feature, function, or characteristic of [an applicant’s] goods or services.”  In re The Chamber of Commerce of the U.S., 675 F.3d 1297, 1300, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012) (quoting In re Bayer Aktiengesellschaft, 488 F.3d 960, 963, 82 USPQ2d 1828, 1831 (Fed. Cir. 2007)); TMEP §1209.01(b); see DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012) (quoting In re Abcor Dev. Corp., 588 F.2d 811, 814, 200 USPQ 215, 218 (C.C.P.A. 1978)).

 

Applicant seeks to register the proposed mark ROSE for a broad range of goods and services noted below:

 

  • Perfumery; essential oils; cosmetics; make-up; eye make-up; eyeliners; blushers; lipsticks; hair lotions; soaps.  (Class 3).
  • Precious metals; jewellery; precious stones; chronometric instruments. (Class 14).

 

  • Paper; cardboard; printed publications; printed matter; computer printers (Inking ribbons for -); bookbinding materials; books; adhesives for stationery or household purposes; artists' paint brushes; music sheets; music scores; periodical magazines; photographs; stationery and educational supplies; typewriters; Instructional and teaching material (except apparatus); plastic materials for packaging; printing blocks.  (Class 16).

 

  • Clothing; footwear; headgear; swimwear; sportswear; leisurewear.  (Class 25).

 

  • Telecommunication services; communication services for the electronic transmission of voices; transmission of data; electronic transmission of images, photographs, graphic images and illustrations over a global computer network; transmission of data, audio, video and multimedia files; simulcasting broadcast television over global communication networks, the Internet and wireless networks; provision of telecommunication access to video and audio content provided via an online video-on-demand service; satellite communication services; telecommunications gateway services.  (Class 38).

 

 

As indicated by enclosed dictionary evidence from http://dictionary.infoplease.com/rose, the term “ROSE” is defined as:

 

“1. any of the wild or cultivated, usually prickly-stemmed, pinnate-leaved, showy-flowered shrubs of the genus Rosa. Cf. rose family.

2. any of various related or similar plants.

3. the flower of any such shrub, of a red, pink, white, or yellow color.

4. the traditional reddish color of this flower, variously a purplish red, pinkish red, or light crimson.

5. an ornament shaped like or suggesting this flower.

6. a pink or pinkish-red color in the cheek.

10. Jewelry.

a. an obsolete gem style or cut, flat on the bottom and having an upper side with from 12, or fewer, to 32 triangular facets.

b. a gem with this cut.”

 

Please also see the evidence from http://www.britannica.com/plant/rose-plant and their use in connection with fragrances and essential oils.

 

The proposed mark is merely descriptive because it immediately describes a feature or characteristic of the identified goods.  Specifically, the proposed mark identifies the color of the goods identified in International Classes 3, 14 and 25 as well as the fragrance of goods in International Class 3.  In addition, the proposed mark immediately describes a feature of the goods identified in International Class 14 since the term “ROSE” is defined as “Jewelry. a. an obsolete gem style or cut, flat on the bottom and having an upper side with from 12, or fewer, to 32 triangular facets. b. a gem with this cut.” With respect to International Class 16, the proposed mark identifies the subject matter of these goods.  

 

Finally, with respect to the services in International Class 38, the wording in the mark also identifies the subject matter of these telecommunication and communication services.

 

The determination of whether a mark is merely descriptive is made in relation to an applicant’s goods, not in the abstract.  DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1254, 103 USPQ2d 1753, 1757 (Fed. Cir. 2012); In re The Chamber of Commerce of the U.S., 675 F.3d 1297, 1300, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012); TMEP §1209.01(b); see, e.g., In re Polo Int’l Inc., 51 USPQ2d 1061, 1062-63 (TTAB 1999) (finding DOC in DOC-CONTROL would refer to the “documents” managed by applicant’s software rather than the term “doctor” shown in a dictionary definition); In re Digital Research Inc., 4 USPQ2d 1242, 1243-44 (TTAB 1987) (finding CONCURRENT PC-DOS and CONCURRENT DOS merely descriptive of “computer programs recorded on disk” where the relevant trade used the denomination “concurrent” as a descriptor of a particular type of operating system). 

 

“Whether consumers could guess what the product [or service] is from consideration of the mark alone is not the test.”  In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985).

 

Enclosed third party advertising outlined below indicates that the term ROSE is commonly used by others to describe a feature or characteristic of their goods or services.  Please see the evidence outlined below:

 

  1. Evidence from http://www.ulta.com/ulta/a/_/Ntt-rose/Nty-1?Dy=1&ciSelector=searchResults featuring rose as a color for cosmetics and a fragrance in perfumes.
  2. Evidence from http://www.macys.com/shop/jewelry-watches/all-fine-jewelry/Metal,Price/Rose%20Gold,5000.0%257C-1?id=65993 featuring rose colored jewelry and jewelry featuring rose designs.
  3. Evidence from http://www.marymeyerclothing.com/products/source-dress-dusty-rose featuring rose colored clothing.
  4. Evidence from http://www.rose.org/about-ars/american-rose/ featuring printed matter and publications concerning roses.
  5. Evidence from http://www.thegardengurus.tv/channel.php featuring broadcasting and communication services concerning flowers and roses.

 

Two major reasons for not protecting descriptive marks are (1) to prevent the owner of a descriptive mark from inhibiting competition in the marketplace and (2) to avoid the possibility of costly infringement suits brought by the trademark or service mark owner.  In re Abcor Dev. Corp., 588 F.2d 811, 813, 200 USPQ 215, 217 (C.C.P.A. 1978); TMEP §1209.  Businesses and competitors should be free to use descriptive language when describing their own goods and/or services to the public in advertising and marketing materials.  See In re Styleclick.com Inc., 58 USPQ2d 1523, 1527 (TTAB 2001).

 

Based upon the evidence, the proposed mark is refused registration under Section 2(e)(1) of the Trademark Act.  

 

Informalities

 

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

 

If applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.

 

Identification of Goods

 

In International Class 16, the wording “publications” in the identification of goods is indefinite and must be amended to indicate both the specific physical nature (e.g., pamphlets, brochures, newsletters, journals, or magazines) and the literary subject matter of the publications.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.03(e).  For example, “magazines devoted to medicine,” “television programming newsletters,” and “books and pamphlets in the field of financial classification of companies and securities,” are acceptable in International Class 16.  If the subject matter is not a significant aspect of the publications, the identification may specify the general character or type of the publications.  TMEP §1402.03(e).  For example, “general features magazines,” “employee newsletters,” and “cookbooks,” are also acceptable in International Class 16.

 

Further, the term “photographs” is broad and could include goods, which are classified in more than one International Class.

 

In addition, the identification requires amendment as a result of indefinite terms such as “matter,” “materials” and “supplies.” In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases.  TMEP §1402.03(a); see 37 C.F.R. §2.32(a)(6).  If applicant uses indefinite words such as “accessories,” “apparatus,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems,” or “products,” such wording must be followed by “namely,” and a list of each specific product identified by its common commercial or generic name.  See TMEP §§1401.05(d), 1402.03(a).

 

Further, the identification of goods contains parentheses.  Generally, applicants should not use parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and brackets in registrations to indicate goods and/or services that have been deleted from registrations or in an affidavit of incontestability to indicate goods and/or services not claimed.  See TMEP §1402.12.  The only exception is that parenthetical information is permitted in identifications in an application if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity of the identification, e.g., “sash bands for kimono (obi).”  Id.

 

Therefore, applicant must remove the parentheses from the identification and incorporate any parenthetical or bracketed information into the description of the goods and/or services.

 

In International Class 25, the word “clothing” in the identification of goods is indefinite and too broad and must be clarified because the word does not make clear the nature of the goods and could identify goods in more than one international class.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  The following are examples of acceptable identifications:  “clothing for protection against accidents, irradiation and fire” in International Class 9; “surgical gowns” in International Class 10; “pet clothing” in International Class 18; and “shirts,” “shorts,” and “pants” in International Class 25.  Therefore, applicant must amend the identification to specify the type of clothing.

 

If applicant’s “clothing” is in International Class 25, applicant may amend the identification to insert the word “namely,” after “clothing” and then list the specific types of clothing items in that class (e.g., shirts, pants, coats, dresses).  

 

Applicant must also amend the terms “sportswear” and “leisurewear” to identify the goods by their common commercial name.

 

Finally, the word “headgear” in the identification of goods for International Class 25 is indefinite and too broad and must be clarified because the word does not make clear the nature of the goods and could identify goods in more than one international class.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  The following are examples of acceptable identifications:  “sports helmets” in International Class 9; “surgical caps” in International Class 10; “sports caps and hats” in International Class 25; “hair coloring caps” in International Class 26; and “paper party hats” in International Class 28.  Therefore, applicant must amend the identification to specify the type of headgear.

 

Applicant may also amend the identification for “headgear” by inserting the word “namely,” after “headgear” and then listing the specific types of headgear items in that class (e.g., hats, caps, visors, or headbands for International Class 25).

 

The identification of goods in International Classes 3 and 14 is acceptable, as written.

 

Applicant may adopt the following identification, if accurate:  

 

  • Perfumery; essential oils; cosmetics; make-up; eye make-up; eyeliners; blushers; lipsticks; hair lotions; soaps. (Class 3).
  • Downloadable photographs in the field of {indicate subject matter or field, e.g., automobiles, cats and dogs, etc.}.  (Class 9).
  • Precious metals; jewellery; precious stones; chronometric instruments. (Class 14).
  • Paper, namely, {indicate goods by common commercial name, e.g., printing paper}; cardboard; printed publications, namely, {indicate goods by common commercial name, e.g., periodical magazines, books and manuals all concerning flowers}; printed matter, namely, {indicate goods by common commercial name, e.g., newspapers, photographs, magazines, books, printed periodicals, newsletters, and brochures all in the fields of securities, options and other financial instruments}; inking ribbons for computer printers; bookbinding materials; adhesives for stationery or household purposes; artists' paint brushes; music sheets; music scores; printed photographs; stationery and educational supplies, namely, {indicate goods by common commercial name, e.g., writing instruments, pens, pencils, mechanical pencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, protractors, paper clips, pencil sharpeners, writing grips, glue and book marks}; typewriters; printed instructional and teaching material, except apparatus, in the field of {specify area of use}; plastic materials for packaging, namely, {indicate goods by common commercial name, e.g., plastic packaging wrap for commercial or industrial use}; printing blocks.  (Class 16).
  • Clothing, namely, {indicate goods by common commercial name, e.g., shirts, pants and jackets}; footwear; headgear, namely, {indicate goods by common commercial name, e.g., hats and caps}; swimwear; sportswear, namely, {indicate goods by common commercial name, e.g., sports shirts and socks}; leisurewear, namely, {indicate goods by their common commercial name, e.g., robes}. (Class 25).

 

See TMEP §§1401.05(d), 1402.03(a).

 

Recitation of Services

 

The identification of services is indefinite and must be clarified because the current wording is broad and does not identify the services by their common commercial name.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must specify the nature of the services as well as their main purpose and their field of use or channels of trade.

 

Applicant may adopt the following identification, if accurate:  

 

 

  • Telecommunication services, namely, communication services in the nature of electronic transmission of voices; transmission of data; electronic transmission of images, photographs, graphic images and illustrations over a global computer network; transmission of data, audio, video and multimedia files; simulcasting broadcast television over global communication networks, the Internet and wireless networks; provision of telecommunication access to video and audio content provided via an online video-on-demand service; satellite communication services; telecommunications gateway services. (Class 38).

 

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.

 

Requirements of a Multi-Class Application under Section 1(b)

 

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(1)       List the goods and/or 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 fee(s) already paid (view the USPTO’s current fee schedule at http://www.gov.uspto.report/trademarks/tm_fee_info.jsp).  The application identifies goods and/or services that are classified in at least 6 classes; however, applicant submitted a fee(s) sufficient for only 5 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.

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

For an overview of the requirements for a Section 1(b) 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.

 

Requirement for Information

 

To permit proper examination of the application, applicant must submit additional information about applicant’s goods and services.  See 37 C.F.R. §2.61(b); In re AOP LLC, 107 USPQ2d 1644, 1650-51 (TTAB 2013); In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); TMEP §814.  The requested information should include fact sheets, instruction manuals, brochures, and/or advertisements.  If these materials are unavailable, applicant should submit similar documentation for goods and services of the same type, explaining how its own product or services will differ.  If the goods and services feature new technology and no information regarding competing goods and services is available, applicant must provide a detailed factual description of the goods and services.

 

Factual information about the goods must clearly indicate how they operate, their salient features, and their prospective customers and channels of trade.  Factual information about the services must clearly indicate what the services are and how they are rendered, their salient features, and their prospective customers and channels of trade.  Applicant must also respond to the following:

 

  • Applicant must indicate whether any of the goods identified in International Class 16 concern roses or the color rose.
  • Applicant must also indicate whether any of the services identified in International Class 38 concern roses or the color rose.

 

Conclusory statements will not satisfy this requirement for information.

 

Failure to comply with a request for information is grounds for refusing registration.  In re AOP LLC, 107 USPQ2d at 1651 (citing In re Cheezwhse.com, Inc., 85 USPQ2d at 1919; In re DTI P’ship LLP, 67 USPQ2d at 1701-02; TMEP §814).  Merely stating that information about the goods and services is available on applicant’s website is an insufficient response and will not make the relevant information of record.  See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).

 

Conclusion

 

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 refusal(s) and/or requirement(s) 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 $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.  

 

 

 

/Linda M. Estrada/

Trademark Examining Attorney

Law Office 104

(571) 272-9298

(571) 273-9104 Fax

Linda.Estrada@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.

 

 

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U.S. TRADEMARK APPLICATION NO. 87247848 - ROSE - N/A

To: ROSE HOLDINGS LLC (jonathan@ckl.com)
Subject: U.S. TRADEMARK APPLICATION NO. 87247848 - ROSE - N/A
Sent: 3/7/2017 2:21:02 PM
Sent As: ECOM104@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 3/7/2017 FOR U.S. APPLICATION SERIAL NO. 87247848

 

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 3/7/2017 (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.

 

 


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