Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

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:  April 11, 2020

 

 

Status

 

This Office action is in response to applicant’s communication filed on March 31, 2020.  The communication consist of a Petition to Revise Abandoned Application and constitutes the applicant’s response to a Suspension Inquiry dated September 17, 2020.

 

The applicant’s communication included a foreign registration document.  The foreign registration document submitted gives rise to a new issue, as discussed below. 

 

 

Applicant Must Submit Color Photocopy of Foreign Registration

 

The applicant has submitted a black and white photocopy of its foreign registration.  The foreign registration documents includes a color claim identical to that of the U.S. application, which also included a mark in color.

 

The drawing of the mark must be "a substantially exact representation of the mark as it appears in the drawing in the registration certificate of a mark duly registered in the country of origin of the applicant."  37 C.F.R. §2.51(c); TMEP §807.12(b).

 

Since the foreign registration indicates color as a feature of the mark, the applicant must submit a color photocopy of the foreign registration.  All claims of color made in the foreign registration must also be made in the U.S. application.  The applicant must also comply with all requirements for a color drawing of the mark.  See TMEP §1011.01.

 

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How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/Rudy R. Singleton/

U.S. Patent and Trademark Office

Trademark Examining Attorney, Law Office 102

571-272-9262

RUDY.SINGLETON@USPTO.GOV

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on April 11, 2020 for

U.S. Trademark Application Serial No. 87861605

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Rudy R. Singleton/

U.S. Patent and Trademark Office

Trademark Examining Attorney, Law Office 102

571-272-9262

RUDY.SINGLETON@USPTO.GOV

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from April 11, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”