To: | GUPSHUP TECHNOLOGY INDIA PRIVATE LIMITED (nahida@gupshup.io) |
Subject: | U.S. Trademark Application Serial No. 87616969 - AIRMEZZ - N/A |
Sent: | December 05, 2019 05:20:55 PM |
Sent As: | ecom130@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 87616969
Mark: AIRMEZZ
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Correspondence Address: GUPSHUP TECHNOLOGY INDIA PRIVATE LIMITED WESTERN EXPRESS HIG; UNIT 101, 1ST FLOOR
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Applicant: GUPSHUP TECHNOLOGY INDIA PRIVATE LIMITED
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Reference/Docket No. N/A
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: December 05, 2019
This Office action is supplemental to the previous Office action issued on January 8, 2018, in connection with this application. The assigned trademark examining attorney is issuing a new requirement for obtaining U.S. licensed counsel based on a USPTO rule change that became effective on August 3, 2019.
On this date, the USPTO revised the federal trademark rules to require foreign-domiciled applicants to be represented by an attorney who is an active member in good standing of the bar of the highest court of any U.S. state (including the District of Columbia or any U.S. commonwealth or territory). Further, the USPTO required an applicant to provide the address of applicant’s domicile in order to determine if a U.S.-licensed attorney was required. See the U.S. Counsel Rule change webpage for more information. Thus, applicant must respond to this new requirement for the application to proceed to registration, in addition to the issues raised in the Office action dated January 8, 2018.
The issue raised in the previous January 8, 2018, Office action is maintained: Section 2(d) Likelihood of Confusion – Refusal.
Further, the following advisory has been withdrawn: Prior-Filed Application – Advisory, as U.S. Application Serial No. 86699918 has abandoned. See TMEP §713.02.
THE FOLLOWING IS A SUMMARY OF ISSUES THAT APPLICANT MUST ADDRESS:
• NEW ISSUE: Applicant Must Be Represented by a U.S.-Licensed Attorney
• CONTINUED AND MAINTAINED: Section 2(d) Likelihood of Confusion – Refusal
Applicant must respond to all issues raised in this Office action and the previous January 8, 2018, Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
APPLICANT MUST BE REPRESENTED BY A U.S.-LICENSED ATTORNEY
An applicant whose domicile is located outside of the United States or its territories is foreign-domiciled and must be represented at the USPTO by an attorney who is an active member in good standing of the bar of the highest court of a U.S. state or territory. 37 C.F.R. §§2.11(a), 11.14; Requirement of U.S.-Licensed Attorney for Foreign-Domiciled Trademark Applicants & Registrants, Examination Guide 4-19, at I.A. (Rev. Sept. 2019) An individual applicant’s domicile is the place a person resides and intends to be the person’s principal home. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. A juristic entity’s domicile is the principal place of business; i.e., headquarters, where a juristic entity applicant’s senior executives or officers ordinarily direct and control the entity’s activities. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. Because applicant is foreign-domiciled, applicant must appoint such a U.S.-licensed attorney qualified to practice under 37 C.F.R. §11.14 as its representative before the application may proceed to registration. 37 C.F.R. §2.11(a). See Hiring a U.S.-licensed trademark attorney for more information.
To appoint a U.S.-licensed attorney. To appoint an attorney, applicant should submit a completed Trademark Electronic Application System (TEAS) Revocation, Appointment, and/or Change of Address of Attorney/Domestic Representative form. The newly-appointed attorney must submit a TEAS Response to Examining Attorney Office Action form indicating that an appointment of attorney has been made and address all other refusals or requirements in this action, if any. Alternatively, if applicant retains an attorney before filing the response, the attorney can respond to this Office action by using the appropriate TEAS response form and provide his or her attorney information in the form and sign it as applicant’s attorney. See 37 C.F.R. §2.17(b)(1)(ii).
ASSISTANCE
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.
How to respond. Click to file a response to this nonfinal Office action.
/Xheneta Ademi/
Xheneta Ademi
Trademark Attorney
Law Office 130/Innovation Lab
571-272-7151
xheneta.ademi@uspto.gov
RESPONSE GUIDANCE