Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

PARTIAL ABANDONMENT - APPLICATION HAS BEEN AMENDED

 

 

Issue date:  January 03, 2020

 

 

This application was abandoned in full in error on December 20, 2019. The application has been reinstated and is now being abandoned in part. 

 

The above-referenced application is partially abandoned because applicant failed to file a response to the Office action dated June 8, 2019.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).  To avoid partial abandonment, a response was due within six months from the date on which the USPTO sent the previous Office action; however, no response was received within this time period.  See TMEP §711. 

 

The outstanding Office action included refusals that applied to International Classes 35, 36 and 37; thus, those classes have been deleted from the application as abandoned.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)(1); TMEP §718.02(a). 

 

The application will proceed with International Classes 9, 39, 40, and 42 only.

 

If applicant’s failure to respond was unintentional, applicant may file a petition to the Director to revive the portion of the application that abandoned.  37 C.F.R. §2.66(a); TMEP §§718.02(a), 1714.01(d).  The petition must be filed within two months of the date of issuance of this letter 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(a)(1); TMEP §§718.02(a), 1714.01(a), (d).  Once the petition is filed, please notify the Petitions Office at 571-272-8950 that a request to revive a partially-abandoned application was filed, indicating the application serial number.

 

 

 

 

/April Roach/

April Roach

Examining Attorney

Law Office 115

571-272-1092

April.Roach@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.