To: | SpeedKore, LLC (tmadmin@reinhartlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87360391 - TANTRUM - 13761 |
Sent: | 5/10/2019 3:07:43 PM |
Sent As: | ECOM101@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87360391
MARK: TANTRUM
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: SpeedKore, LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
ISSUE/MAILING DATE: 5/10/2019
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.
Applicant filed a timely request for reconsideration on April 8, 2019, responding to the final Office action that issued on October 7, 2018. Although the request does not resolve all outstanding issues, applicant’s response was filed within the six-month response period and otherwise complies with 37 C.F.R. §2.65(a)(2). Thus, applicant is being granted thirty (30) days from the date of issuance of this letter or the remainder of the sixth-month response period, whichever is longer, to resolve all outstanding issues. See 37 C.F.R. §2.65(a)(2); TMEP §§715.03(a)(ii)(C), 718.03(b).
In the present case, applicant did not consider or comply with the following refusals and/or requirements raised in the previous final Office action: Additional filing fee required. All other issues have been satisfied.
As discussed, the application as amended identifies goods and/or services that are classified in two classes; however, applicant has submitted a fee(s) sufficient for only one class(es). 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.
ADVISORY – PARTIAL ABANDONMENT
If applicant does not resolve these outstanding issues within the thirty-day time period or the time remaining in the response period, and/or file a timely notice of appeal, the following services will be held abandoned and deleted from the application: “Rental of high performance cars for use in motion pictures, television programming and other media,” in Class 39. See 37 C.F.R. §2.65(a); TMEP §§715.03(a)(ii)(C), 718.02(a).
The application will then proceed with the goods identified in Class 12 only.
This letter does not extend the time for filing an appeal with the Trademark Trial and Appeal Board. TMEP §§715.03(a)(ii)(C), 718.03(b). An applicant must file a notice of appeal online using the Electronic System for Trademark Trials and Appeals (ESTTA) within six months of the issuance date of the final Office action. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.63(b)(3), 2.142(a); TMEP §§715.03(c), 718.03(b). The fee for filing an appeal through ESTTA is $200 per class. 37 C.F.R. §2.6(a)(18)(ii).
If the applicant has any questions or needs assistance in responding to this Office action, please e-mail or telephone the assigned examining attorney.
/SMP/
Steven M. Perez
Trademark Attorney
Law Office 101
(571) 272-5888
steven.perez@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.