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: 7/30/2017

 

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:

 

• SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
• ADVISORY: MARK IN PRIOR PENDING APPLICATION MAY PRESENT A POTENTIAL BAR TO REGISTRATION
• ADVISORY: OWNERSHIP OF THE CITED MARKS
• UNSIGNED APPLICATION – SECTION 1(a)

 

 

 

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 5064550 and 5205247.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registrations.

 

Applicant’s applied-for mark is “CHEETAH” in standard character form for “Computer operating system programs and utilities; computer hardware and peripherals; computer keyboards; computer mice and wireless computer mice; wireless communications devices, namely, mobile phones, cellular telephones, personal digital assistants, and hand-held computers; computer monitors, printers, scanners, keyboards, disk drives, computer mice, mouse pads, video terminals; hardware for telecommunications for connecting devices via in-home phone and electrical wiring, namely, computer networks hubs, computer servers, set-top boxes, computer switches and computer routers designed to provide in-home voice over internet protocol (VOIP) communications; computer and video game systems devices, namely, electronic sensor devices, cameras, projectors, headphones, and microphones; electronic game equipment, namely, equipment communicating with a television or computer for playing electronic games; electronic visual display units for use with computers; computer software for controlling keyboard input; computer software for designating the assignment and arrangement of letters, numbers, symbols, characters, and marks on a keyboard; text input software for touch-screen devices; mobile software application for predictive and corrective text and character entry; computer software for handwriting input via finger or stylus; computer software for generating, inputting, editing, and displaying fonts, typefaces, type designs and symbols; computer software for wireless telecommunications for use with wireless devices; computer software for allowing communication and interaction with phones, mobile devices, televisions, video game consoles, media players, computers, digital media hubs, and audiovisual devices; operating systems software for use in playing electronic games” in International Class 009.

 

Reg. No. 5064550 is for the mark “CHEETAH” in standard character form for “Application software for retrieving and presenting information resources on the public internet or private networks for desktop computer, laptop computers, mobile phones, and tablet computers in the fields of advertising via the Internet, computer system protection, evaluation, and optimization; application software and platform for providing web application execution and cloud-based services on the public internet for desktop computer, laptop computers, mobile phones, and tablet computers in the fields of advertising via the Internet, computer system protection, evaluation, and optimization” in International Class 009.

 

Reg. No. 5205247 is for the mark  “CHEETAHMOBILE” in standard character form for “Computer antivirus software; computer security and privacy software; computer software for the creation of firewall; computer software for use in browsing the Internet; computer software for system cleaning and optimization; computer software for developing and operating cloud computer networks and applications; computer software platforms for cloud computing networks and applications for use in database management and electronic storage of data; computer software used for providing search engine services; computer software for use in testing and evaluating the function of mobile devices and computers” in International Class 009 and “Computer services, namely, cloud hosting provider services; consulting services in the field of cloud computing; computer security services, namely, enforcing, restricting and controlling access privileges of users of computing resources for cloud, mobile or network resources based on assigned credentials; computer services, namely, providing search engines for obtaining data on a global computer network; computer services, namely, on-line scanning, detecting, quarantining and eliminating of viruses and unauthorized data and programs on computers and electronic devices; providing an on-line network environment that features technology that enables users to share data; computer software design, computer programming, and maintenance of computer software; computer software consulting; computer services, namely, hosting on-line platform for generating, aggregating, and disseminating information about products and services of others” in International Class 042.

 

Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely a potential consumer would be confused, mistaken, or deceived as to the source of the goods and/or services of the applicant and registrant.  See 15 U.S.C. §1052(d).  A determination of likelihood of confusion under Section 2(d) is made on a case-by-case basis and the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) aid in this determination.  Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d 1344, 1349, 98 USPQ2d 1253, 1256 (Fed. Cir. 2011) (citing On-Line Careline, Inc. v. Am. Online, Inc., 229 F.3d 1080, 1085, 56 USPQ2d 1471, 1474 (Fed. Cir. 2000)).  Not all the du Pont factors, however, are necessarily relevant or of equal weight, and any one of the factors may control in a given case, depending upon the evidence of record.  Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d at 1355, 98 USPQ2d at 1260; In re Majestic Distilling Co., 315 F.3d 1311, 1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont de Nemours & Co., 476 F.2d at 1361-62, 177 USPQ at 567.

 

In this case, the following factors are the most relevant:  similarity of the marks, similarity and nature of the goods and/or services, and similarity of the trade channels of the goods and/or services.  See In re Viterra Inc., 671 F.3d 1358, 1361-62, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); In re Dakin’s Miniatures Inc., 59 USPQ2d 1593, 1595-96 (TTAB 1999); TMEP §§1207.01 et seq.

 

 

Comparison of the Marks

 

Turning to the first prong of the test, a comparison must be made between applicant’s applied-for mark “CHEETAH” in standard character form and the registered marks “CHEETAH” in standard character form and “CHEETAHMOBILE” in standard character form.

 

In the case at hand, applicant’s and the mark in Reg. No. 5064550 are identical.  In a likelihood of confusion determination, the marks in their entireties are compared for similarities in appearance, sound, connotation, and commercial impression.  In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973); TMEP §1207.01(b)-(b)(v). 

 

In the present case, applicant’s mark is “CHEETAH” and registrant’s mark is “CHEETAH.”  These marks are identical in appearance, sound, and meaning, “and have the potential to be used . . . in exactly the same manner.”  In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411 (TTAB 2015).  Additionally, because they are identical, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrant’s respective goods and/or services.  Id.

 

Therefore, the marks are confusingly similar.

 

In addition, the fact that registrant’s mark includes the wording “MOBILE” does not obviate the marks from likelihood of confusion.  The mere deletion of wording from a registered mark may not be sufficient to overcome a likelihood of confusion.  See In re Mighty Leaf Tea, 601 F.3d 1342, 94 USPQ2d 1257 (Fed. Cir. 2010); In re Optica Int’l, 196 USPQ 775, 778 (TTAB 1977); TMEP §1207.01(b)(ii)-(iii).  Applicant’s mark does not create a distinct commercial impression because it contains the same common wording as the registered mark, and there is no other wording to distinguish it from the registered mark.

 

Finally, the fact that the applicant’s and registrant’s marks are comprised of the wording “CHEETAH,” the marks are likely to be confused.  Marks may be confusingly similar in appearance where similar terms or phrases or similar parts of terms or phrases appear in the compared marks and create a similar overall commercial impression.  See Crocker Nat’l Bank v. Canadian Imperial Bank of Commerce, 228 USPQ 689, 690-91 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n, 811 F.2d 1490, 1495, 1 USPQ2d 1813, 1817 (Fed. Cir. 1987) (finding COMMCASH and COMMUNICASH confusingly similar); In re Corning Glass Works, 229 USPQ 65, 66 (TTAB 1985) (finding CONFIRM and CONFIRMCELLS confusingly similar); In re Pellerin Milnor Corp., 221 USPQ 558, 560 (TTAB 1983) (finding MILTRON and MILLTRONICS confusingly similar); TMEP §1207.01(b)(ii)-(iii).

 

Accordingly, giving each feature of the marks appropriate weight, the marks when compared in their entireties are sufficiently similar to create consumer confusion or mistake as to the source of the goods and services despite some differences.

 

Comparison of the Goods and Services

 

The goods and/or services of the parties need not be identical or even competitive to find a likelihood of confusion.  See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000) (“[E]ven if the goods in question are different from, and thus not related to, one another in kind, the same goods can be related in the mind of the consuming public as to the origin of the goods.”); TMEP §1207.01(a)(i). 

 

The respective goods and/or services need only be “related in some manner and/or if the circumstances surrounding their marketing are such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).

 

Applicant’s identified goods are “computer operating system programs and utilities; computer hardware and peripherals; computer keyboards; computer mice and wireless computer mice; wireless communications devices, namely, mobile phones, cellular telephones, personal digital assistants, and hand-held computers; computer monitors, printers, scanners, keyboards, disk drives, computer mice, mouse pads, video terminals; hardware for telecommunications for connecting devices via in-home phone and electrical wiring, namely, computer networks hubs, computer servers, set-top boxes, computer switches and computer routers designed to provide in-home voice over internet protocol (VOIP) communications; computer and video game systems devices, namely, electronic sensor devices, cameras, projectors, headphones, and microphones; electronic game equipment, namely, equipment communicating with a television or computer for playing electronic games; electronic visual display units for use with computers; computer software for controlling keyboard input; computer software for designating the assignment and arrangement of letters, numbers, symbols, characters, and marks on a keyboard; text input software for touch-screen devices; mobile software application for predictive and corrective text and character entry; computer software for handwriting input via finger or stylus; computer software for generating, inputting, editing, and displaying fonts, typefaces, type designs and symbols; computer software for wireless telecommunications for use with wireless devices; computer software for allowing communication and interaction with phones, mobile devices, televisions, video game consoles, media players, computers, digital media hubs, and audiovisual devices; operating systems software for use in playing electronic games” in International Class 009.

 

The identified goods in connection with Reg. No. 5064550 are “Application software for retrieving and presenting information resources on the public internet or private networks for desktop computer, laptop computers, mobile phones, and tablet computers in the fields of advertising via the Internet, computer system protection, evaluation, and optimization; application software and platform for providing web application execution and cloud-based services on the public internet for desktop computer, laptop computers, mobile phones, and tablet computers in the fields of advertising via the Internet, computer system protection, evaluation, and optimization” in International Class 009.

 

The identified goods and services in connection with Reg. No. 5205247 are “Computer antivirus software; computer security and privacy software; computer software for the creation of firewall; computer software for use in browsing the Internet; computer software for system cleaning and optimization; computer software for developing and operating cloud computer networks and applications; computer software platforms for cloud computing networks and applications for use in database management and electronic storage of data; computer software used for providing search engine services; computer software for use in testing and evaluating the function of mobile devices and computers” in International Class 009 and “Computer services, namely, cloud hosting provider services; consulting services in the field of cloud computing; computer security services, namely, enforcing, restricting and controlling access privileges of users of computing resources for cloud, mobile or network resources based on assigned credentials; computer services, namely, providing search engines for obtaining data on a global computer network; computer services, namely, on-line scanning, detecting, quarantining and eliminating of viruses and unauthorized data and programs on computers and electronic devices; providing an on-line network environment that features technology that enables users to share data; computer software design, computer programming, and maintenance of computer software; computer software consulting; computer services, namely, hosting on-line platform for generating, aggregating, and disseminating information about products and services of others” in International Class 042.

 

The attached Internet evidence consists information from applicant’s website.  This evidence establishes that the same entity commonly manufactures/produces/provides the relevant goods and/or services and markets the goods and/or services under the same mark.  Therefore, applicant’s and registrant’s goods and/or services are considered related for likelihood of confusion purposes.  See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB 2009).

 

• http://www.cmcm.com/en-us/about/
• http://www.cmcm.com/en-us/photo-grid/
• http://www.cmcm.com/en-us/clean-master/
• http://www.cmcm.com/en-us/cm-security/
• http://www.cmcm.com/en-us/piano-tiles/
• http://www.cmcm.com/en-us/battery-doctor/

 

Evidence obtained from the Internet may be used to support a determination under Section 2(d) that goods and/or services are related.  See, e.g., In re G.B.I. Tile & Stone, Inc., 92 USPQ2d 1366, 1371 (TTAB 2009); In re Paper Doll Promotions, Inc., 84 USPQ2d 1660, 1668 (TTAB 2007).  The Internet has become integral to daily life in the United States, with Census Bureau data showing approximately three-quarters of American households used the Internet in 2013 to engage in personal communications, to obtain news, information, and entertainment, and to do banking and shopping.  See In re Nieves & Nieves LLC, 113 USPQ2d 1639, 1642 (TTAB 2015) (taking judicial notice of the following two official government publications:  (1) Thom File & Camille Ryan, U.S. Census Bureau, Am. Cmty. Survey Reports ACS-28, Computer & Internet Use in the United States:  2013 (2014), available at http://www.census.gov/content/dam/Census/library/publications/2014/acs/acs-28.pdf, and (2) The Nat’l Telecomms. & Info. Admin. & Econ. & Statistics Admin., Exploring the Digital Nation:  America’s Emerging Online Experience (2013), available at http://www.ntia.doc.gov/files/ntia/publications/exploring_the_digital_nation_-_americas_emerging_online_experience.pdf).  Thus, the widespread use of the Internet in the United States suggests that Internet evidence may be probative of public perception in trademark examination.

 

Accordingly, with the contemporaneous use of sufficiently similar marks, consumers are likely to conclude that the goods and services are related and originate from a single source. As such, registration must be refused under Trademark Act Section 2(d).

 

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

 

 

 

ADVISORY: MARK IN PRIOR PENDING APPLICATION MAY PRESENT A POTENTIAL BAR TO REGISTRATION

 

The filing date of pending U.S. Application Serial No. 86765119 precedes applicant’s filing date.  See attached referenced application.  If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks.  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 application.

 

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 mark in the referenced application.  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.

 

 

 

ADVISORY: OWNERSHIP OF THE CITED MARKS

 

If the marks in the cited registrations have been assigned to applicant, applicant may provide evidence of ownership of the marks by satisfying one of the following:

 

(1)        Record the assignment with the USPTO’s Assignment Recordation Branch (ownership transfer documents such as assignments can be filed online at http://etas.uspto.gov) and promptly notify the trademark examining attorney that the assignment has been duly recorded.

 

(2)        Submit copies of documents evidencing the chain of title.

 

(3)        Submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20:  “Applicant is the owner of U.S. Registration Nos. 5064550 and 5205247.”  To provide this statement using the Trademark Electronic Application System (TEAS), use the “Response to Office Action” form; answer “yes” to wizard questions #3 and #10; then, continuing on to the next portion of the form, in the “Additional Statement(s)” section, find “Active Prior Registration(s)” and insert the U.S. registration numbers in the data fields; and follow the instructions within the form for signing.  The form must be signed twice; a signature is required both in the “Declaration Signature” section and in the “Response Signature” section.

 

TMEP §812.01; see 15 U.S.C. §1060; 37 C.F.R. §§2.193(e)(1), 3.25, 3.73(a)-(b); TMEP §502.02(a).

 

Recording a document with the Assignment Recordation Branch does not constitute a response to an Office action.  TMEP §503.01(d).

 

In addition, if the mark in the potentially conflicting prior-filed application has been assigned to applicant, applicant may provide evidence of ownership of the mark to avoid a possible refusal under Trademark Act Section 2(d) based on a likelihood of confusion.  See 15 U.S.C. §1052(d); TMEP §812.01. 

 

Applicant may provide evidence of ownership of the mark by satisfying one of the following:

 

(1)        Record the assignment with the USPTO’s Assignment Recordation Branch (ownership transfer documents such as assignments can be filed online at http://etas.uspto.gov) and promptly notify the trademark examining attorney that the assignment has been duly recorded.

 

(2)        Submit copies of documents evidencing the chain of title.

 

(3)        Submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20:  “Applicant is the owner of Application Serial No  . 86765119.”  To provide this statement using the Trademark Electronic Application System (TEAS), use the “Response to Office Action” form; answer “yes” to wizard questions #3 and #10; then, continuing on to the next portion of the form, in the “Additional Statement(s)” section, check the box for “Miscellaneous Statement” and write in the free form text field for the “Miscellaneous Statement” that  “Applicant is the owner of Application Serial No(s). 86765119,” inserting the relevant application serial number(s); and follow the instructions within the form for signing.  The form must be signed twice; a signature is required both in the “Declaration Signature” section and in the “Response Signature” section.

 

TMEP §812.01; see 15 U.S.C. §1060; 37 C.F.R. §§2.193(e)(1), 3.25, 3.73(a)-(b); TMEP §502.02(a).

 

Recording a document with the Assignment Recordation Branch does not constitute a response to an Office action.  TMEP §503.01(d).

 

Applicant must also respond to the requirement set forth below.

 

 

 

UNSIGNED APPLICATION – SECTION 1(a)

 

The application was unsigned, resulting in the application not being properly verified.  See 37 C.F.R. §§2.2(n), 2.33(a)-(b)(1), 2.34(a)(1)(i), 2.193(e)(1).  Applicant must properly sign and therefore verify the application in an affidavit or declaration under 37 C.F.R. §2.20.  See 37 C.F.R. §§2.2(n), 2.33(a)-(b)(1), 2.34(a)(1)(i), 2.193(e)(1); TMEP §804.02.

 

To respond to this requirement online using the Trademark Electronic Application System (TEAS) response to Office action form, answer “yes” to the TEAS response form wizard question #10, and follow the instructions within the form for signing.  The TEAS online form will require two signatures:  one in the “Declaration Signature” section and one in the “Response Signature” section.  For more information about a signed declaration and required verified statement and how to provide them using TEAS, please go to http://www.gov.uspto.report/trademark/laws-regulations/verified-statement.

 

 

 

RESPONSE GUIDELINES

 

For this application to proceed further, applicant must explicitly address each refusal and/or requirement raised in this Office action.  If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register.  Applicant may also have other options specified in this Office action for responding to a refusal and should consider those options carefully.  To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.  For more information and general tips on responding to USPTO Office actions, response options, and how to file a response online, see “Responding to Office Actions” on the USPTO’s website.

 

If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end and the trademark will fail to register.  See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a); TMEP §§718.01, 718.02.  Additionally, the USPTO will not refund the application filing fee, which is a required processing fee.  See 37 C.F.R. §§2.6(a)(1)(i)-(iv), 2.209(a); TMEP §405.04.

 

When an application has abandoned for failure to respond to an Office action, an applicant may timely file a petition to revive the application, which, if granted, would allow the application to return to active status.  See 37 C.F.R. §2.66; TMEP §1714.  The petition must be filed within two months of the date of issuance of the notice of abandonment and may be filed online via the Trademark Electronic Application System (TEAS) with a $100 fee.  See 37 C.F.R. §§2.6(a)(15)(ii), 2.66(b)(1).

 

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.  

 

/Brittany A. Estell/

Examining Attorney

Law Office 112

571-272-7972

brittany.estell@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 7/30/2017 FOR U.S. APPLICATION SERIAL NO. 87493723

 

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 7/30/2017 (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.