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: 4/13/2017

 

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:

• Identification of Goods and Services
• Partial Abandonment Advisory

 

IDENTIFICATION OF GOODS AND SERVICES

 

THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE GOODS AND SERVICES SPECIFIED THEREIN

 

The identification of goods and services contains parentheses.  Generally, applicants should not use parentheses in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses in registrations to indicate goods or services that have been deleted from registrations or in an affidavit of incontestability to indicate goods 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 services.

 

Additionally, the identification contains several instances of indefinite wording and wording that is too broad.  For example, "computer hardware and software" in Class 9, is indefinite.  Applicant must specify the function or purpose of the software.  Also, "clothing" in Class 25, 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.  Applicant must amend the identification to specify the common commercial or generic name of the goods.  If there is no common commercial or generic name, applicant must describe the product and intended consumer as well as its main purpose and intended uses. 

 

Applicant may substitute the following wording, if accurate:

 

Class 9:           Cases for smartphones; cell phone straps; telecommunication devices and apparatus, namely,________________{specify type of device or apparatus, e.g., microphones, fuses}; mobile phone neck straps; mobile phone cases; mobile phone accessories, namely,________________{specify type of accessories, e.g., cases straps, stands}; loudspeakers; cabinets for loudspeakers; battery chargers for use with telephones; headphones; earphones; telephone apparatus; intercoms; mobile phones; antennas; audio- and video-receivers; camcorders; electric capacitors for telecommunication apparatus; compact disc players; digital cameras; digital photo frames; DVD players; electro-dynamic apparatus for the remote control of signals; electronic notice boards; facsimile machines; Global Positioning System (GPS) apparatus; hands-free kits for phones; high-frequency apparatus, namely,________________{specify type of apparatus, e.g., switches, switching power supplies}; intercommunication apparatus, namely, intercoms; musical juke boxes; microphones; electric monitoring apparatus, namely,________________{specify type of apparatus}; navigation apparatus for vehicles; blank optical data carriers; personal stereos; portable media players; radar apparatus; radio pagers; radios; record players; remote control apparatus for________________{indicate specific devices, e.g. radios, televisions, stereos}; satellite-aided navigation systems; smartphones; sound and image recording apparatus; sound recording apparatus; sound reproduction apparatus; sound transmitting apparatus; television apparatus, namely,________________{specify type of apparatus, e.g., car televisions, portable televisions, monitors}; transmitters of electronic signals; vehicle radios; video recorders; telecommunication machines and devices, namely,________________{specify type of machine or device} for use in assisting in improving safety of car driving; audio equipment, namely,________________{specify type of equipment, e.g., compressors, stereos, amplifiers, equalizers}; car stereos; car televisions; in-car telephone handset cradles; protective cases for personal digital assistants; computer mouse; computer operating programs, recorded; computer programs, recorded, namely,________________{specify type of programs, e.g., operating programs, game programs}; computer programs, downloadable, featuring______________{specify purpose or function of the programs}; personal computers; personal computers for vehicles; tablet computers; computers for use in remote monitoring of fuel cell power generators using communication networks; carrying cases adapted for computers; covers and cases for mobile telephones; covers and cases for tablet computers and notebook computers; computer programs for mobile phones, namely, programs for_______________{specify the function of the programs, e.g., use in database management, use in electronic storage of data}; computer programs for fuel saving drive diagnosis devices; blank USB flash drives; computer keyboards; apparatus and installations for the production of X-rays, not for medical purposes; bar code readers; central processing units (CPU); integrated circuits; computer memory devices; computer peripheral devices; computer software applications, downloadable for_________________{indicate function of software, e.g., managing bank accounts, editing photos, making restaurant reservations,  and, if software is content- or field-specific, the content or field of use}; computer software, recorded for_________________{indicate function of software, e.g., managing bank accounts, editing photos, making restaurant reservations,  and, if software is content- or field-specific, the content or field of use}; data processing apparatus; blank disks, magnetic; electronic agendas; electronic book readers; electronic pocket translators; electronic tags for goods; integrated circuit cards; interfaces for computers; lasers, not for medical purposes; light emitting diodes (LED); blank magnetic data media, namely, __________________{specify type of media, e.g, floppy computer disks, hard computer discs}; marine depth finders; metal detectors for industrial or military purposes; microprocessors; mouse pads; optical character readers; printed circuit boards; printed circuits; printers for use with computers for printing documents; protection devices against X-rays, not for medical purposes, namely, __________________{specify type of device, e.g, gloves}; sonars; electronic components in the nature of _________________{indicate specific electronic components, e.g., capacitors, connectors, filters, oscillators, relays, switches, transformers, resistors, semiconductors, integrated circuits, rectifiers, transistors}; computer memory devices; electronic control apparatus and instruments for vehicles; electronic display units for vehicles; electronic cruise control apparatus; computer hardware and software for ______________{specify the function of the software and hardware, e.g., use in network management,  and, if system is content- or field-specific, the content or field of use}; navigation computers for cars; electric safety monitoring apparatus, namely,______________{specify the type of device, e.g., thermometers, alarms}; vehicle safety apparatus in the nature of an on-board vehicular video surveillance systems; motor vehicle adaptive cruise control devices; electronic controllers for motor vehicle braking; motor vehicle cameras and sensors for detecting road lane markers, pedestrians, objects outside of the vehicle, and relative distance thereof from a vehicle; lane departure warning alarm systems for motor vehicles; electronic motor vehicle steering systems for assisting vehicles to stay on course near the center of a lane; front collision warning alarm systems for motor vehicles; motor vehicle lighting systems to automatically activate and deactivate high beam headlights upon sensing oncoming vehicle; eyeglasses; goggles for sports; sunglasses; eyeglass cases; eyeglass chains; eyeglass cords; eyeglass frames; contact lenses; containers for contact lenses; spectacle lenses; protective helmets for automobile races; downloadable image files containing_________________{indicate content or subject matter}; pre-recorded video discs featuring_________________{indicate subject matter}; pre-recorded videos featuring_________________{indicate subject matter}; exposed cinematographic films; exposed slide films; slide film mounts; downloadable electronic publications in the nature of_________________{indicate specific nature of publication} in the field of _________________{indicate subject matter of publication} 

 

Class 12:         Driving motors for land vehicles; engine mounts for land vehicles; engines for land vehicles; jet engines for land vehicles; motors for land vehicles; non-mechanical propulsion mechanisms for land vehicles; turbines for land vehicles; axle bearings for land vehicles; axles for land vehicles; axle bearings for land vehicles, namely, axle journals; axles for vehicles; cardan shafts for vehicles; universal joints for land vehicles; wheel bearings for land vehicles; automobile chains; connecting rods for land vehicles, other than parts of motors and engines; gear boxes for land vehicles; gearing for land vehicles; hydraulic circuits for vehicles; reduction gears for land vehicles; torque converters for land vehicles; transmission chains for land vehicles; transmission shafts for land vehicles; transmissions for land vehicles; power transmission belts for land vehicles; shock absorbers for automobiles; shock absorbing springs for vehicles; suspension shock absorbers for vehicles; torsion bars for vehicles; vehicle suspension springs; brake discs for vehicles; brake linings for vehicles; brake pads for automobiles; brake segments for vehicles; brake shoes for vehicles; brakes for vehicles; boats and ships; structural parts for boats; structural parts for ships; aircraft; structural parts for aircraft; electrically-powered motor vehicles; electrically-powered motor scooters, namely, tricycles; buses; trucks; ambulances; racing cars; amphibious vehicles; snowmobiles; armored vehicles; fork lift trucks; camping cars; tractors; trailers; trolley buses; hearses; automobiles and structural parts therefor; structural parts for buses; structural parts for trucks; automobile bodies; automobile bonnets, namely, automobile hoods; automobile bumpers; automobile chassis; automobile dashboards; automobile doors; automobile door handles; automobile hoods; automobile horns; automobile seats; fitted automobile seat covers; automobile sunroofs; automobile tires; automobile wheels; spokes for automobile wheels; inner tubes for automobile tires; automobile wheel rims; rearview mirrors for automobiles; automobile windows; automobile windscreens; automobile windshields; automobile convertible tops; safety belts for automobile seats; safety harnesses for automobile racing; safety harnesses for automobile seats; security harness for automobiles; steering wheels for automobiles; steering wheel covers for automobiles; air bags for automobiles, buses and trucks; seat belt pre-tensioners for automobiles; brake pedals for land vehicles; direction signals for automobiles; leather upholstery for automobile seats; leather upholstery for automobiles; cigar lighters for automobiles; fitted automobile covers; mudguards for automobiles; luggage carriers for automobiles; spare wheel holders for automobiles; automobile roof racks; headlight wipers; windscreen wipers; windscreen wiper blades; motor vehicle brake control systems for applying emergency braking at low vehicle speeds; electronic brake control apparatus for automobiles; two-wheeled motor vehicles; bicycles; structural parts for motorcycles; structural parts for bicycles 

 

Class 14:         Key rings; jewelry cases of precious metal; trophies of precious metal; commemorative shields of precious metal; pin badges of precious metal; ornaments of precious metal in the nature of jewelry; jewelry bracelets; jewelry brooches; jewelry necklaces; pendants; tie pins; badges of precious metal; jewelry charms; cufflinks; shoe jewelry; clocks; watches; horological and chronometric instruments and cases therefor; horological and chronometric instruments and parts thereof 

 

Class 16:         Paper gift bags for wine; bags of paper for packaging; boxes of cardboard or paper; bags of plastics, for packaging; paper; cardboard; stickers; cards, namely, _________________{indicate specific type of card, e.g., greeting cards, note cards, business cards}; pocket memorandum books; paper notebooks; writing instruments; erasers; stationary seals; bookmarkers; underlays for writing paper; rulers for stationery and office use, namely, _________________{indicate specific type of ruler, e.g., drafting, drawing, ungraduated}; pouches for writing instruments; cases for writing instruments; drawing pads; memo blocks; stationery-type portfolios; file folders; terrestrial globes; paper bows for gift wrap; stationery; picture postcards; catalogs in the field of__________________{indicate specific field of use}; calendars; magazines in the field of________________{specify subject matter}; printed books in the field of_________________{indicate subject matter}; pamphlets in the field of______________{indicate subject matter, e.g., real estate sales}; newsletters in the field of_________________{indicate subject matter}; printed matter, namely,________________{indicate matter, e.g., paper signs, books, manuals, curricula} in the field of_______________{indicate subject matter}; photographs; photograph stands; plastic shopping bags 

 

Class 18:         Handbag frames; purse frames; horseshoes, not of metal; bags of leather, for packaging; boxes of leather or leatherboard; envelopes, of leather, for packaging; pouches, of leather, for packaging; leads for pets; collars for pets; clothing for pets; leather holders for vehicle inspection certificate; card cases, namely,_______________{specify types of cards, e.g., calling, credit, business}; credit card cases of leather; purses; wallets; pocket wallets; coin purses, not of precious metal; suitcases; handbags; rucksacks; key cases; business card cases; bags, namely,_______________{specify types of bags, e.g., travelling, leather, gym}; drawstring pouches; briefcases; wheeled shopping bags; attaché cases; shopping bags, namely,_______________{specify types of shopping bags, e.g., reusable, canvas, leather}; bags for sports; small backpacks; school satchels; travelling bags; tote bags; travelling cases of leather; luggage tags of leather; vanity cases, not fitted; umbrellas; walking sticks; canes; metal parts of canes and walking-sticks; handles for canes and walking-sticks 

 

Class 20:         [no change]

 

Class 21:         Electric tooth brushes; powder compacts of precious metal; cosmetic utensils, namely,_______________{specify types of utensils, e.g., spatulas, brushes}; toilet utensils, namely,_______________{specify types of utensils, e.g., brushes, sponges, plungers}; cups; mugs; dishes; beer jugs; beer mugs; servingware for serving food, namely, dishes; servingware for serving beverages, namely, vessels; servingware for serving drinks, namely, liqueur sets; lunch boxes; pitchers; salad bowls; saucers; service dishes, namely,_________________{specify type of dishes, e.g., coffee services not of precious metal, tea services of precious metal}; table plates; tea pots; glass beverageware; tea canisters; tumblers for use as drinking glasses; drinking glasses; flower pots; hydroponic plant pots for home gardening; watering cans; piggy banks; vases; holders for flowers and plants; brushes for footwear; shoe horns; shoe shine cloths; shoe shine sponges and cloths; shoe-trees

 

Class 24:         Towels of textile; Japanese cotton towels (tenugui); handkerchiefs of textile; woven textile goods for personal use of_______________{specify material, e.g., nylon, cotton, basalt}; mosquito nets; bed sheets; comforters; quilts; duvet covers; pillowcases; bed blankets; table napkins of textile; glass cloths being towels; shower curtains of textile or plastic; banners, not of paper of_______________{specify material, e.g., plastic vinyl, textile}; flags, not of paper of_______________{specify material, e.g., plastic vinyl, brocade}; fitted toilet seat covers of textile; wall hangings of textile; curtains; tablecloths, not of paper; draperies 

 

Class 25:         Camisoles; T-shirts; clothing, namely,________________{indicate specific item e.g. shirts, pants, skirts}; coats; sweaters; cardigans; vests; waistcoats; shirts; cuffs; sport shirts; dresses; skirts; blouses; polo shirts; shirts for suits; sweatshirts; trousers; wind resistant jackets; jerseys; nightwear; underwear; swimsuits; swimming caps; traditional Japanese clothing, namely,________________{indicate specific item e.g. shirts, pants, skirts}; sleep masks; aprons; collar protectors for wear, namely,________________{specify type of protection, e.g., pads, strips} for application to clothing collars; socks; stockings other than special sportswear; puttees and gaiters; fur stoles; shawls; scarves; Japanese style socks (tabi); Japanese style socks covers (tabi covers); gloves; neckties; neckerchiefs; bandanas; mufflers; ear muffs; nightcaps; headgear for wear, namely,________________{specify type, e.g., hats, baseball caps}; caps being headwear; hats; visors; garters; sock suspenders; braces for clothing; waistbands; belts for clothing; footwear other than shoe dowels, shoe pegs, tongue or pullstrap for shoes and boots, hobnails, protective metal members for shoes and boots; driving shoes other than special shoes for sports; sandals; slippers; mules 

 

Class 28:         Toys for domestic pets; home video game machines; hand-held games with liquid crystal displays; toys, namely,________________{specify type of toy, e.g., cars, guns, wands}; stuffed toys; toy vehicles; teddy bears; dolls; go games; Japanese playing cards (uta garuta); Japanese chess (shogi games); dice; Japanese dice games (sugoroku); dice cups; Chinese checkers games; chess games; checkers games; conjuring apparatus, namely, toy wand; dominoes; playing cards; Japanese playing cards (hanafuda); mah-jong; slot machines; game machines and apparatus, namely,________________{specify type of machines and apparatus, e.g., gambling, arcade, home video}; billiard equipment; sports equipment, other than for climbing, surfing, water-skiing and scuba diving, namely,________________{specify type of equipment, e.g., hand grips, golf divot repair tools}; golf equipment, namely,________________{specify type of equipment, e.g., trolley bags, grip tape}; golf balls; golf ball markers; golf gloves; golf clubs; golf club heads; fitted head covers for golf clubs; golf bags, with or without wheels; tennis implements, namely,________________{specify type of implements, e.g., uprights, racket covers, nets}; tennis rackets; tennis balls; fishing tackle; butterfly nets 

 

Class 41:         Vehicle-driving instruction; driver safety training; educational and instruction services, namely, conducting_______________{indicate specific mode of instructions, e.g., classes, seminars, conferences, workshops, field trips} for_________________{indicate specific group, e.g., persons with learning disabilities, special needs children, organizations} in the field of_________________{indicate subject matter or fields of educational activity}; educational and instruction services, namely, conducting_______________ {indicate specific mode of instructions, e.g., classes, seminars, conferences, workshops, field trips} for_________________{indicate specific group, e.g., persons with learning disabilities, special needs children, organizations} in the field of arts and crafts; educational and instruction services, namely, conducting_______________{indicate specific mode of instructions, e.g., classes, seminars, conferences, workshops, field trips} for_________________{indicate specific group, e.g., persons with learning disabilities, special needs children, organizations} in the field of sports; educational and instruction services, namely, conducting_______________{indicate specific mode of instructions, e.g., classes, seminars, conferences, workshops, field trips} for_________________ {indicate specific group, e.g., persons with learning disabilities, special needs children, organizations} in the field of music and dance; educational and training services, namely, conducting_______________{indicate specific mode of instructions, e.g., classes, seminars, conferences, workshops, field trips} for_________________{indicate specific group, e.g., persons with learning disabilities, special needs children, organizations} in the field of games; educational services in the nature of________________{indicate specific area of specialty, e.g. fine arts, business correspondence course} provided by schools; provision of educational examinations and testing services; provision of information about education; arranging and organization of seminars; conducting seminars in the field of_______________{specify field of seminars e.g., oncology, self-awareness, art appreciation}; providing electronic publications from a global computer network or the Internet, not downloadable in the nature of_______________{indicate specific nature of publication} in the field of_______________{specify subject matter or field}; reference libraries of literature and documentary records; book rental; organization of sports events and competitions; organization of professional golf tournaments or competitions; organization, arranging and conducting of soccer games; organization, arranging and conducting of sumo wrestling competitions; organization, arranging and conducting of boxing matches; organization, arranging and conducting of baseball games; organization of social entertainment events excluding movies, shows, plays, musical performances, sports, horse races, bicycle races, boat races and auto races; arranging award ceremonies and gala evenings for entertainment purposes; conducting of live entertainment events and film festivals; conducting of film festivals; organization, arranging and conducting of auto races not for travel purposes; providing amusement facilities

 

Class 43:         Providing temporary accommodation; providing food and drink; bar services; café, cafeteria and restaurant services; providing rental of conference rooms; providing rental of facilities for exhibitions 

 

Applicant may amend the identification to clarify or limit the goods and services, but not to broaden or expand the goods 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 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.

 

PARTIAL ABANDONMENT ADVISORY

 

If applicant does not respond to this Office action within the six-month period for response, the following goods and services in International Classes 9, 12, 14, 16, 18, 21, 24, 25, 28, 41, and 43 will be deleted from the application:

 

Class 9:           Telecommunication devices and apparatus; mobile phone accessories; high-frequency apparatus; intercommunication apparatus; electric monitoring apparatus; optical data media; remote control apparatus; satellite navigational apparatus; sound recording carriers; television apparatus; telecommunication machines and devices for use in assisting in improving safety of car driving; audio equipment; computer programs, recorded; computer programs, downloadable; computer programs for mobile phones; central processing units; computer software applications, downloadable; computer software, recorded; disks, magnetic; magnetic data media; printers for use with computers; protection devices against X-rays, not for medical purposes; electronic components; electronic memory devices; computer hardware and software; electric safety monitoring apparatus; downloadable image files; pre-recorded video discs; pre-recorded videos; downloadable electronic publications 

 

Class 12:         Propulsion mechanisms for land vehicles; axle journals; electric tricycles; automobile bonnets; automobile seat covers; shaped automobile covers

 

Class 14:         Commemorative shields; pin badges; ornaments of precious metal; bracelets (jewelry); brooches (jewelry); necklaces (jewelry); charms (jewelry); shoe ornaments of precious metal

 

Class 16:         Cards; seals (stationery); rulers for stationery and office use; writing cases; catalogs; magazines; books; pamphlets: newsletters; printed matter

 

Class 18:         Holders for vehicle inspection certificate; card cases; bags; shopping bags

 

Class 21:         Cosmetic utensils; toilet utensils; servingware (dishes) for serving food; servingware (vessels) for serving beverages; liqueur sets; services (dishes)

 

Class 24:         Woven textile goods for personal use; glass cloths; banners, not of paper; flags, not of paper; scat covers of textile

 

Class 25:         Clothing; polo shins; traditional Japanese clothing; collar protectors for wear; headgear for wear; caps (headwear)

 

Class 28:         Toys; conjuring apparatus; game machines and apparatus; sports equipment, other than for climbing, surfing, water-skiing and scuba diving; golf equipment; golf balls; tennis implements

 

Class 41:         Educational and instruction services; educational and instruction services relating to arts and crafts; educational and instruction services relating to sport; educational and instruction services relating to music and dance; educational and training services relating to games; educational services provided by schools; provision of educational examinations and tests; provision of educational information; arranging, conducting and organization of seminars; providing electronic publications from a global computer network or the Internet, not downloadable; organization of entertainment events excluding movies, shows, plays, musical performances, sports, horse races, bicycle races, boat races and auto races; organization, arranging and conducting of auto races

 

Class 43:         Rental of conference rooms; rental of facilities for exhibitions 

 

The application will then proceed with the remaining goods and services only:  See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).

 

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 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 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.

 

To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp.  If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/trademarks/teas/e_filing_tips.jsp and e-mail technical questions to TEAS@uspto.gov.

 

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 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.  

 

If the applicant has any questions or requires assistance in responding to this Office Action, please telephone the assigned examining attorney.

 

 

 

Matthew Howell

/Matthew Howell/

Examining Attorney

Trademark Law Office 123

(571)270-0992

matthew.howell@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 4/13/2017 FOR U.S. APPLICATION SERIAL NO. 87345594

 

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 4/13/2017 (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.