To: | Shenzhen Valuelink E-Commerce Co., Ltd. (914317805@qq.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87502282 - TENKER - N/A |
Sent: | 4/26/2018 12:34:44 PM |
Sent As: | ECOM123@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87502282
MARK: TENKER
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CORRESPONDENT ADDRESS: ZHAO ZHONGWEI; SHENZHEN VALUELINK E-COMM |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Shenzhen Valuelink E-Commerce Co., Ltd.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 4/26/2018
THIS IS A FINAL ACTION.
This Office action is in response to applicant’s communication filed on March 24, 2018.
In a previous Office action dated September 26, 2017, the trademark examining attorney refused registration of the applied-for mark based on the following: discrepancy in ownership of Foreign Registration. In addition, applicant was required to satisfy the following requirements: information about ownership of Foreign Application, standard character claim clarification required, amend the identification of goods, provide an English translation of the applied-for mark, and provide additional fees for loss of TEAS Plus status.
Based on applicant’s response, the trademark examining attorney notes that the following requirements have been satisfied: information about ownership of Foreign Application, standard character claim clarification required, amend the identification of goods, and provide an English translation of the applied-for mark. See TMEP §§713.02, 714.04.
The following refusal has also been obviated: discrepancy in ownership of Foreign Registration. See TMEP §§713.02, 714.04.
Further, the trademark examining attorney maintains and now makes FINAL the requirement in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
TEAS PLUS STATUS LOST – ADDITIONAL FEE REQUIRED
In the previous Office action, the trademark examining attorney required applicant to provide an additional fee of $125 per class, because the application as filed did not meet the TEAS Plus application filing requirements. See 37 C.F.R. §§2.6(a)(1)(v), 2.22(a), (c); TMEP §§819.01 et seq., 819.04. Applicant did not provide the additional processing fee, and therefore, the requirement to provide said fee is now made FINAL. See 37 C.F.R. §§2.6(a)(1)(v), 2.22(a), (c); TMEP §§819.01 et seq., 819.04. See also 37 C.F.R. §2.63(b).
Specifically, applicant failed to meet the following TEAS Plus application filing requirement: a translation of all non-English wording in the mark was not provided.
As previously stated, the additional fee is required even if applicant later corrects these application requirements.
RESPONSE GUIDELINES
(1) a response filed using the Trademark Electronic Application System (TEAS) that fully satisfies all outstanding requirements and/or resolves all outstanding refusals; and/or
(2) an appeal to the Trademark Trial and Appeal Board filed using the Electronic System for Trademark Trials and Appeals (ESTTA) with the required filing fee of $200 per class.
37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues. TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). There is a fee required for filing a petition. 37 C.F.R. §2.6(a)(15).
/Caile Morris/
Examining Attorney
Trademark Law Office 123
(571) 270-0764
caile.morris@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.