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: 8/22/2017

 

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.

 

SUMMARY OF ISSUES:

• Advisory: Potential Section 2(d) Refusal – Prior-Filed Pending Applications
• Section 2(e)(1) Refusal – Mark Is Merely Descriptive
• Identification of Goods and Services Requirement
• Advisory: Multiple-Class Application Requirements

 

ADVISORY: POTENTIAL SECTION 2(D) REFUSAL – PRIOR-FILED PENDING APPLICATIONS

 

The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no similar registered marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).  However, marks in prior-filed pending applications may present a bar to registration of applicant’s mark.

 

The filing dates of pending U.S. Application Serial Nos. 86944001, 87396792 and 87401547 precede applicant’s filing date.  See attached referenced applications.  If one or more of the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s).  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced applications.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

 

SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE

Please note that this refusal is limited to applicant’s software goods and services in International Classes 9 and 42.

 

Registration is refused because the applied-for mark merely describes features 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.

 

A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant’s goods and/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)). 

 

The determination of whether a mark is merely descriptive is made in relation to an applicant’s goods and/or services, 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).  The question is not whether someone presented only with the mark could guess what the goods and/or services are, but “whether someone who knows what the goods and[/or] services are will understand the mark to convey information about them.”  DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1254, 103 USPQ2d 1753, 1757 (Fed. Cir. 2012) (quoting In re Tower Tech, Inc.,64 USPQ2d 1314, 1316-17 (TTAB 2002)); In re Franklin Cnty. Historical Soc’y, 104 USPQ2d 1085, 1087 (TTAB 2012).

 

Applicant has applied to register the mark WINDOWS (in standard character form) for use with, in relevant part: “computer software; software developer kits; computer software for use in connection with the transmission of voice and data; computer software used for controlling stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart devices to monitor and control the functioning of household and electronic devices; voice processing software, namely, software for the control of voice controlled information and communication devices; voice-activated software, namely, software for stand-alone voice controlled information devices comprised of cloud-connected and voice-controlled information devices; voice-activated software, namely, software for stand-alone voice controlled information devices comprised of cloud-connected and voice controlled smart devices with virtual personal assistant capabilities; Mixed-reality computing platforms; computer software for creating, uploading, and sharing 3D images and models; Malware protection software; Software for securing access to laptops, phones, and computers; facial recognition software; fingerprint recognition software; iris recognition software; software that enables a user to hand-write notes and text with a digital pen onto touch-enabled devices; software that interprets hand-written content on touch-enabled devices; software that allows for annotations to image via digital ink; software that allows a smartphone or tablet to attach to a monitor, mouse, and keyboard and project the desktop to the monitor,” in International Class 9, and “Non-downloadable computer game programs; Non-downloadable computer programs for monitoring automobile performance, for mapping and navigation, for electronic mail and wireless communications, for maintaining personal directories, contact lists, address and telephone number lists; Non-downloadable computer programs for accessing global communication networks; non-downloadable computer programs for accessing global communication networks and displaying content therefrom; and a full line of non-downloadable business application programs; providing, developing and designing non-downloadable software accessible over a global computer network for managing computer applications; application service provider, namely, providing, hosting, managing, developing and maintaining applications, software, websites and databases in the fields of ecommerce, online payments, order queuing, website design, data storage, shared computing capacity scaling, messaging services and calculation of website ranking based on user traffic,” in International Class 42.

 

“Windows” is the plural form of “Window,” which, with respect to computers, means “a rectangular area on a screen in which a document, database, or application can be viewed independently of other such areas.”  See the attached evidence from The American Heritage Dictionary of the English Language.  As shown by the attached evidence from Apple World, GitHub and IBM (retrieved from the Internet on August 22, 2017), “window” is commonly used in the computer industry to describe a new area on a screen for opening a new document or other type of application.

 

As applied to applicant’s various software goods and services, the wording merely describes that the software features windows of different documents, data, etc. Indeed, the attached evidence from applicant’s website shows that applicant’s software features windows. 

 

Accordingly, registration is refused on the Principal Register under Section 2(e)(1) of the Trademark Act.

 

Advisory: Applicant May Claim Acquired Distinctiveness Under Section 2(f)

 

Applicant may amend the application to assert a claim of acquired distinctiveness under Trademark Act Section 2(f) based on ownership of active U.S. Registration No(s). 4407849, 2565965, 2463526, 2559402, 2463510, 1872264, 1989386.  See 15 U.S.C. §1052(f); TMEP §§1212.04 et seq.  To do so, applicant must request that the application be amended to assert a claim of acquired distinctiveness under Section 2(f) and submit the following statement, if accurate:

 

The mark has become distinctive of the goods and/or services as evidenced by the ownership of active U.S. Registration No(s). 4407849, 2565965, 2463526, 2559402, 2463510, 1872264, 1989386 on the Principal Register for the same mark for sufficiently similar goods and/or services.

 

TMEP §1212.04(e); see 37 C.F.R. §2.41(a)(1).

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.  However, if applicant responds to the refusal(s), applicant must also respond to the requirement set forth below.

 

IDENTIFICATION OF GOODS AND SERVICES REQUIREMENT

 

International Class 9

 

The identification of goods includes indefinite language that must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Given the length of the identification, the trademark examining attorney has incorporated suggestions into the body of the identification.  Suggested amendments are in bold (and explanatory notes are in bold italics).

 

“Computers, tablet computers, laptops; computer software for ____ {specify function or purpose, e.g., database management, use as  spreadsheet, word processing; also include the field of use if the software is content- or field specific.  NOTE: The USPTO requires such specificity in identifying computer software in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks}; software developer kits; portable electronic devices for receiving and reading text, images and sound through wireless internet access, namely, ____ {specify by common commercial name, e.g., electronic book reader, MP3 players, portable media players}; computer software for use in connection with the transmission of voice and data; computer software used for controlling stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart devices to monitor and control the functioning of household and electronic devices; ____ {specify nature or type, e.g., electronic, satellite, wireless} transmitters and receivers for transmitting and receiving voice and data; voice processing software, namely, software for the control of voice controlled information and communication devices; voice-activated software, namely, software for stand-alone voice controlled information devices comprised of cloud-connected and voice-controlled information devices, for ____ {specify function or purpose, e.g., controlling voice-controlled information devices}; voice-activated software, namely, software for stand-alone voice controlled information devices comprised of cloud-connected and voice controlled smart devices with virtual personal assistant capabilities, for ____ {specify function or purpose, e.g., controlling voice-controlled information devices with virtual personal assistant capabilities}; Mixed-reality computing platforms for ____ {specify purpose or function, e.g., integrating real world and virtual reality environments}; computer software for creating, uploading, and sharing 3D images and models; Malware protection software; Software for securing access to laptops, phones, and computers; facial recognition software; fingerprint recognition software; iris recognition software; software that enables a user to hand-write notes and text with a digital pen onto touch-enabled devices; software that interprets hand-written content on touch-enabled devices; computer application software for ____ {specify devices, e.g., mobile phones, portable media players, handheld computers} for ____ {specify function or purpose, e.g., creating, uploading, sharing, manipulating} digital drawings; software ____ {specify function intended by “that allows for,” e.g., for creating} annotations to images via digital ink; software ____ {specify function intended by “that allows,” e.g., for attaching} a smartphone or tablet computer to a monitor, mouse, and keyboard and project the desktop to the monitor.”

 

International Class 38

 

The identification of services includes indefinite language that must be clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Given the length of the identification, the trademark examining attorney has incorporated suggestions into the body of the identification.  Suggested amendments are in bold (and explanatory notes are in bold italics).

 

“Electronic transmission of voice, data, images, music, audio, video, multimedia, television, and radio by ____ {specify nature or type, audio, video, radio, television, internet} broadcasting; ____ {specify nature or type, audio, video, radio, television, internet} broadcast and electronic transmission of streamed music, audio, video, and multimedia content; subscription and pay-per-view television broadcasting and ____ {specify nature or type, e.g., electronic data, television} transmission services; ____ {specify Class 38 nature of telephone services, e.g., cellular telephone services, fixed and mobile telephone services, local and long distance telephone services. NOTE: business-related telephone services, such as telephone operator services, are classified in International Class 35}, electronic transmission of mail, electronic messaging, electronic data transmission, audioconferencing and videoconferencing services; providing access to telecommunications networks, computer networks, the Internet, satellite communications, wireless communications networks, and cable television; providing access to ____ {specify type, e.g., digital music} websites, databases, electronic bulletin boards, on-line forums, websites featuring ____ {specify type, e.g., telephone} directories, websites featuring music, and websites featuring video and audio programs; communication by computer terminals; information, advisory and consultancy services relating to all the aforesaid.”

 

International Class 41

 

The identification of services includes indefinite language that must be clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Given the length of the identification, the trademark examining attorney has incorporated suggestions into the body of the identification.  Suggested amendments are in bold (and explanatory notes are in bold italics).

 

“Educational services, namely, ____ {applicant must specify (1) how the educational services will be provided (e.g., classes, seminars, workshops) and (2) the subject matter of the educational services (e.g., retirement benefits, nutrition, business management)}; Education services, namely, arranging, organizing, conducting, and presenting educational {Note: this wording is necessary to distinguish from business seminars, which are classified in International Class 35} seminars, workshops, classes, non-downloadable webinars, educational {Note: this wording is necessary to distinguish from business conferences, which are classified in International Class 35} conferences, online instruction, and distance learning programs, all in the field of ____ {specify subject matter, e.g., entertainment, sports, music, current events}; production, distribution, and presentation of radio programs, television programs, motion pictures, sound recordings; entertainment services, namely, providing ongoing television, radio, audio, non-downloadable video, podcast, and webcast programs, all in the field of ____ {specify subject matter, entertainment, sports, music, current events}; entertainment services, namely, providing entertainment, sports, music, ____ {specify the subject matter intended by “informational”}, news, and current events continuing programs by means of telecommunications networks, computer networks, the Internet, satellite, radio, wireless communications networks, television, and cable television; providing a website featuring non-downloadable videos in the field of entertainment, sports, music, ____ {specify the subject matter intended by “informational”}, news, and current events; entertainment services, namely, providing a continuing program featuring educational, entertainment, sports, music, ____ {specify the subject matter intended by “informational”}, news, current events, and arts and culture accessible by means of the internet and web-based computer applications; entertainment services, namely, providing a continuing program featuring information in the field of education, entertainment, music, sports, news, and arts and culture accessible by means of the internet and web-based computer applications; entertainment services, namely, providing temporary use of non-downloadable computer games, electronic games, interactive games, and video games; providing a website and web-based applications featuring non-downloadable books, periodicals, newspapers, newsletters, manuals, blogs, journals, and ____ {specify the nature of the “other publications,” e.g., brochures, magazines, articles} in the field of ____ {specify the subject matter, e.g., entertainment, sports, musical, current events, art and culture}.”

 

International Class 42

 

The identification of services includes indefinite language that must be clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Given the length of the identification, the trademark examining attorney has incorporated suggestions into the body of the identification.  Suggested amendments are in bold (and explanatory notes are in bold italics).

 

“Non-downloadable computer game programs {Note: the provision of non-downloadable computer games is classified in International Class 41}; Providing on-line non-downloadable computer programs for monitoring automobile performance, for mapping and navigation, for ____ {specify function, e.g., transmitting and receiving} electronic mail and wireless communications, and for maintaining personal directories, contact lists, address and telephone number lists; Providing on-line non-downloadable computer programs for accessing global communication networks; Providing on-line non-downloadable computer programs for accessing global communication networks and displaying content therefrom; {Note: applicant may not use the language “full line” in this case because business applications could be classified in multiple international classes} Providing on-line non-downloadable web-based business application programs for ____ {specify function, e.g., database management}; design and development of computer hardware and software; computer services, namely remote hosting of operating systems and computer applications for others for ____ {specify purpose or function of computer applications}; providing hosted operating systems and computer applications through the internet for ____ {specify purpose or function of computer applications}; rental of computing and data storage facilities of variable capacity; providing, developing and designing on-line non-downloadable software accessible over a global computer network for managing computer applications; constructing in the nature of ____ {specify services intended by “constructing,” e.g., designing} a computer platform on the internet for electronic commerce for others; Managing and monitoring the websites of others that feature online discussion forums; designing and developing electronically stored web pages for online services on the internet; data warehousing; elaboration and maintenance of web sites for third parties; managing web sites for others; rental of web servers; web site maintenance, creation and hosting services for others; application service provider, namely, providing, hosting, managing, developing and maintaining applications, software, websites and databases in the fields of ecommerce, online payments, order queuing, website design, data storage, shared computing capacity scaling, messaging services and calculation of website ranking based on user traffic.”

 

Additional Class That Could Be Included Based on Applicant’s Identification

 

International Class 35:           Telephone ____ {specify, e.g., answering, directory, operating} services; Arranging and conducting business seminars and business conferences in the field of ____ {specify, e.g., entertainment, sports, music, current events}

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  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.

 

ADVISORY: MULTIPLE-CLASS APPLICATION REQUIREMENTS

 

The application identifies goods and services that could be classified in at least five (5) classes; however, applicant submitted a fee sufficient for only four (4) classes.  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.

 

The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class.  See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a).  See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.

 

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 services that could be classified in at least five (5) classes; however, applicant submitted a fee sufficient for only four (4) 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.

 

RESPONSE AND ASSISTANCE

 

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.

 

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 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.  

 

 

 

/Meredith Maresca/

Trademark Examining Attorney

Law Office 109

(571) 272-8985

meredith.maresca@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 8/22/2017 FOR U.S. APPLICATION SERIAL NO. 87473722

 

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 8/22/2017 (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.