Informal Application

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

NOTICE OF INCOMPLETE TRADEMARK APPLICATION

 

 

Serial Number  87/474240

 

The above-referenced trademark application is being returned to you because it does not meet the minimum requirements for receiving a filing date for the reason(s) stated below.

 

Under 37 C.F.R. §2.21(a), the USPTO will grant a filing date to an application under §1 or §44 of the Trademark Act that is in English and contains all of the following:

 

(1) The name of the applicant;

(2) A name and address for correspondence;

(3) A clear drawing of the mark;

(4) A listing of the goods or services; and

(5) The filing fee for at least one class of goods or services.

 

In this case, the .jpg file you attached as the “drawing” to the Mark field on the application includes multiple elements that do not comprise an identifiable mark.  Therefore, it is not an acceptable drawing.  Please note that the image or wording in the “Mark” field on a TEAS application will control for determining the nature and elements of the mark and whether it meets the requirements for a filing date.  Trademark Manual of Examining Procedure (TMEP) §202.01.  Please note that an applicant may only seek to register one mark per application.  TMEP §202.01.

 

In addition, the application does not contain a clear drawing of the mark because the image file you attached as the drawing to the Mark field on the application appears to be a representation of how the mark is or may be used.  Although this image may include the mark you want to register, it is not an acceptable drawing.  A drawing should only show the mark and should not include extraneous matter.  A specimen showing the mark does not satisfy the requirement for a drawing.  TMEP §202.01.

 

The USPTO uses the drawing to print the mark sought to be registered on the eventual registration certificate.  A “drawing” is simply a depiction of the mark sought to be registered. 37 C.F.R. §2.52.  There are two forms of drawings: “special form drawings” and “standard character drawings.”

 

Applicants who seek to register words, letters, numbers, or any combination thereof without claim to any particular font style, size, or color must submit a standard character drawing that shows the mark in black on a white background. An applicant may submit a standard character drawing if:

 

(1)  The application includes a statement that the mark is in standard characters and no claim is made to any particular font style, size, or color;

                          (2) The mark does not include a design element;

                          (3) All letters and words in the mark are depicted in Latin characters;

                          (4) All numerals in the mark are depicted in Roman or Arabic numerals; and

                          (5) The mark includes only common punctuation or diacritical marks.

 

If a mark is comprised, in whole or in part, of special characteristics such as elements of design or color, styles of lettering, or unusual forms of punctuation, it is a “special form drawing.”  If your mark is a special-form drawing, it should be attached as a .jpg in the “Mark Information” section of the application.

 

The TMEP contains information about drawing requirements and is available online at http://www.uspto.gov.  Drawing requirements are discussed in Chapter 800, Section 807.

 

The serial number assigned to this application has been cancelled and the fee paid for the application will be refunded to you in due course.

 

You may file a new application containing the required element(s).  The United States Patent and Trademark Office recommends that new applications be filed using the Trademark Electronic Application System (TEAS), available over the Internet at http://www.uspto.gov. 

 

Because of the legal technicalities and strict deadlines involved in the USPTO application process, you may wish to hire a private attorney specializing in trademark matters to represent you in this process and provide legal advice.  Although a USPTO trademark examining attorney is permitted to help an applicant understand the contents of an Office action as well as the application process in general, no USPTO attorney or staff is permitted to give an applicant legal advice or statements about an applicant’s legal rights.  TMEP §§705.02, 709.06.

 

For attorney referral information, you may consult the American Bar Association’s Consumers’ Guide to Legal Help at http://www.abanet.org/legalservices/findlegalhelp/home.cfm, an attorney referral service of a state or local bar association, or a local telephone directory.  The USPTO may not assist an applicant in the selection of a private attorney.  37 C.F.R. §2.11.

 

 

 

 

 

 

 

 

 

 

                                                            Commissioner for Trademarks

                                                            P.O. Box 1451

                                                            Alexandria, VA 22313-1415

 

Instructions for applications returned in error:  If you believe this application was returned in error, you may file a request to restore the filing date.  First, you should re-file your application, including the required application filing fee.  The Office recommends using the Trademark Electronic Application System (TEAS) located at http://www.gov.uspto.report/teas/index.html.

 

After you re-file the application and receive a new serial number, fax your request to restore the original filing date to the Petitions Office at 571-273-8950.  This request should state the reasons why you believe the filing date was denied in error and must include (1) the new serial number and (2) a copy of this Notice of Incomplete Trademark Application.  Although applicants have two (2) months from the mailing date of this notice to file a request to restore the original filing date, the request should be filed immediately upon receipt of the new serial number to ensure that it will be processed in a timely manner.

If you have any questions, please call the Trademark Assistance Center (TAC) at 1-800-786-9199, or send an email to TrademarkAssistanceCenter@uspto.gov.  Please visit the USPTO website at http://www.uspto.gov for a list of trademark services available electronically.