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: 8/23/2018

 

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
• Entity Clarification
• Color Claim
• Mark Description

 

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. 4116907 (MALIBU), 4116906 (MALIBU), 4752130 (MALIBU OUTDOOR LIVING), 4724010 (MALIBU OUTDOOR LIVING), 4752128 (MALIBU).  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registrations.

 

Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely a consumer would be confused, mistaken, or deceived as to the source of the goods and/or services of the applicant and registrant(s).  See 15 U.S.C. §1052(d).  Determining likelihood of confusion is made on a case-by-case basis by applying 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).  In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017).  However, “[n]ot all of the [du Pont] factors are relevant to every case, and only factors of significance to the particular mark need be considered.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1366, 101 USPQ2d 1713, 1719 (Fed. Cir. 2012) (quoting In re Mighty Leaf Tea, 601. F.3d 1342, 1346, 94 USPQ2d 1257, 1259 (Fed. Cir 2010)).  The USPTO may focus its analysis “on dispositive factors, such as similarity of the marks and relatedness of the goods [and/or services].”  In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); see TMEP §1207.01. 

 

 

 

COMPARISON OF THE MARKS

 

Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.  Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v).  “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.”  In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014) (citing In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581, 1586 (TTAB 2007)); In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988)); TMEP §1207.01(b).

 

 

In the present case, the applicant’s mark is MALIBU and design, and the registrant’s mark is:  MALIBU and MALIBU OUTDOOR LIVING, owned by the same registrant.

 

The applicant’s mark is the same as the registrant’s mark as to the term MALIBU. The fact that the applicant has added the design element does not obviate the likelihood of confusion. When evaluating a composite mark containing both words and designs, the word portion is more likely to indicate the origin of the goods and/or services because it is that portion of the mark that consumers use when referring to or requesting the goods and/or services.  Bond v. Taylor, 119 USPQ2d 1049, 1055 (TTAB 2016) (citing In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908, 1911 (Fed. Cir. 2012)); TMEP §1207.01(c)(ii).  Thus, although marks must be compared in their entireties, the word portion is often considered the dominant feature and is accorded greater weight in determining whether marks are confusingly similar, even where the word portion has been disclaimed.  In re Viterra Inc., 671 F.3d at 1366-67, 101 USPQ2d at 1911 (citing Giant Food, Inc. v. Nation’s Foodservice, Inc., 710 F.2d 1565, 1570-71, 218 USPQ2d 390, 395 (Fed. Cir. 1983)). 

 

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).

 

Based on the above, the marks are confusingly similar.

 

COMPARISON OF THE GOODS/SERVICES

 

The compared goods and/or services 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); TMEP §1207.01(a)(i).  They 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).

 

 

 

The applicant’s goods are:  Electric control devices for outdoor lighting; Electric lighting fixtures

 

The registrant’s relevant goods are: Electric lighting fixtures, namely, landscape lighting, lanterns, LED (light emitting diode) lighting fixtures, low voltage fixtures, namely, electric lighting fixtures,  electric bollards, electric night lights, solar powered lighting fixtures, electric torches for lighting, well lights, namely, recessed in-ground lights; accessories and replacement parts for electric lighting fixtures, namely, light bulbs and  lenses for improving light output; Electric lighting fixtures, namely, landscape lighting, lanterns, LED (light emitting diode) lighting fixtures, low voltage fixtures, namely, electric lighting fixtures, outdoor solar powered lighting units and fixtures, electric bollards, candle lanterns, ceiling lights, deck lights, decorative electric and LED lights for use near or under water, electric light decorative strings, electrical lighting fixtures for use with 120, 110 and 12 watt voltage, HID light fixtures, electric luminaries, electric night lights, electric outdoor patio umbrella lights, rope electric lights for trees, shrubs and bushes, tree landscape lights, electric fixtures that drape or hang from outdoor patio umbrellas, electric torches for lighting, wall lights, and well lights; accessories and replacement parts for electric lighting fixtures, namely, light covers in the nature of fitted lamp covers and lampshades, replacement light bulbs, sockets for electric lights, structural replacement parts for electric lighting fixtures, namely, risers; portable lighting products, namely, flashlights, fluorescent lamps and tubes, floodlights, hand-held combination spotlights and flashlights, headlamps, lanterns, search lights, spot lights, and tactical flashlights; accessories for portable lighting products, namely, fiber optic attachments for use with flashlights; LED and fluorescent underwater and buoy lights used for fishing; trailer lights for boats; lens covers, namely, covers adapted to fit on portable lighting products containing lens filters; light reflectors; electric bulbs; electric lamps; lights for grills; grilling products, namely, barbecue grills, charcoal grills, electric grills, gas grills, cooking ovens, gas cooking ovens, folding portable ovens, electric roasters, rotisseries, barbecue smokers, electric stoves, gas stoves, trailerable heavy duty barbecue grills and barbecue smokers, folding portable grills, gas and electric deep fat cookers and fryers; replacement parts and accessories for electric, charcoal and gas grills, namely, air vents and air vent dampers, ash collector boxes, ash pans, ash trays, axles, axle caps, knob bezels, burners, ceramic tile inlays in the nature of ceramic countertop plates for use in grills, charcoal ash cups, charcoal lighters, charcoal pans, convection ovens, cooking grids, crossover channels for enabling flames to move from burner to burner, grill cover domes, doors, base door stops, drawers, drip pans, end caps, fireboxes, grate adjusters for raising or lowering grates, grates, grease cups, grease cup brackets, grill basket guides, grill basket hangers, grill baskets, grill covers, grill lights, handle stops, handles, heat shield plates, heat shields, heating elements, hood bumper stops, hood liner inserts, hoods, igniter rubber caps, kick plates, lava rocks, legs, lids, meat racks for attachment to grills, pan brackets, panel bases, panel frames, panel supports, panels, pan brackets, panel bases, panel frames, panel supports, panels, pivots, rails, regulators, shelves, side tables, spark igniters, springs, support rings, tables designed to hold grills, warming trays, water pans, wheels, natural gas conversion kits comprising rubber hoses and tools for hook-up comprising regulators, valves, caps and control knob and igniter cap bezels, door kits comprising doors, door handles, door hinges and door stop magnets and drawer kits comprising handles, latches, magnets, screws and brackets; lens cages in the nature of protective casing of metal for the lighting element, metal and non-metal clips for timers fashioned to attach to lighting fixtures, metal and non-metal decorative hooks and decorative rods fashioned to attach to lighting fixtures; carrying cases for carrying portable lighting products; lens filters, namely, colored discs for changing light color output from portable lighting products, and specialty holsters for carrying portable lighting products; accessories and replacement parts for electric lighting fixtures, namely, protective lens covers, and lenses for improving light output; non-metal replacement parts which are structural components for electric lighting fixtures, namely, caps and plastic and wood knobs; nonmetal replacement parts which are structural components for electric, gas, charcoal and barbecue grills, namely, name plates, shelving and plastic and wood knobs; and glass lantern globes; Electric lighting fixtures, namely, ceiling lights, electric light decorative strings, decorative lights for use near or under water, rope lights for trees, shrubs and bushes, tree landscape lighting, and lights that drape or hang from outdoor patio umbrellas; portable lighting products, namely, flashlights, fluorescent lamps and tubes, floodlights, hand-held combination spotlights and flashlights, headlamps, lanterns, search lights, spot lights, and tactical flashlights; accessories for portable lighting products, namely, fiber optic attachments for use with flashlights in the nature of a flexible attachment fitted on flashlights to concentrate light from the flashlight, specially adapted holsters in the nature of carry cases for flashlights, and carrying cases specially adapted for carrying portable lighting products, namely, carrying cases for lanterns, spotlights and flashlights; portable electric fans; LED underwater lights used for fishing; optical lens covers, namely, specially adapted covers to fit on flashlights containing lens filters for the purpose of changing light color output from flashlights; light reflectors; electric bulbs; electric lamps; metal structural and replacement parts for electric lighting fixtures, namely, light posts with electrical sources in protective covers, decorative rods, and decorative hooks and knobs; non-metal replacement parts which are structural components for electric lighting fixtures, namely, caps, decorative hooks, decorative rods and plastic and wood knobs; grilling products, namely, barbecue grills, charcoal grills, electric grills, gas grills, cooking ovens, gas cooking ovens, folding portable ovens, electric roasters, rotisseries, barbecue smokers, ceramic stoves, electric stoves, gas stoves, portable heavy duty barbecue grills and barbecue smokers for use with a hitch trailer, folding portable charcoal, propane and gas grills, gas and electric deep fat cookers and fryers; replacement parts for barbecue charcoal, electric and gas grills, namely, air vent dampers, air vents, ash collector boxes, ash pans, ash trays, axles, axle caps, bezels, gas burners, cart brackets, casters, ceramic briquettes, ceramic tile inlays in the nature of ceramic countertop plates for use in grills, charcoal ash cups, charcoal lighters, charcoal pans, convection ovens, cooking grids, cotter pins, crossover channels for enabling flames to move from burner to burner, domes, doors, base door stops, drawers, drip pans, end caps, fireboxes, grate adjusters for raising or lowering grates, grates, grease cups, grease cup brackets, grease trays, grill basket guides, grill basket hangers, grill baskets, grill covers, grill lights, handle stops, handles, heat shield plates, heat shields, heating elements, hinge pins, hood bumper stops, hood liner inserts, hoods, igniter rubber caps, kick plates, lava rocks, legs, lids, meat racks, name plates, pan brackets, panel bases, panel frames, panel supports, panels, pans, pivots, power cords, rails, regulators, shelves, side tables, spark igniters, springs, support rings, tables designed to hold grills, warming trays, water pans, charcoal water pans, natural gas conversion kits comprising tools for hook-up for grills, namely, regulators, valves, caps, control knob, rubber hoses and igniter cap bezels, packaged kits containing grill assembly components and tools comprising bolts, nuts, washers, cotter pins, screwdrivers, wrenches or batteries, grill door kits comprising doors, door handles, door hinges and door stop magnets, and grill drawer kits comprising handles, latches, magnets, screws and brackets; Home security systems and components therefor, namely, adapters, electronic transmitters and receivers for sending and receiving data signals, motion detectors, motion sensitive security lights, smoke detectors, and wireless transmitters and receivers for sending and receiving data signals; LED, low voltage and HID light controls; accessories and replacement parts for portable lighting products, namely, batteries, battery chargers, battery packs, battery sticks in the nature of batteries, lens filters, namely, colored discs for changing light color output from portable lighting product; plug-in connectors; extension cords; electric outlet boxes; electric outlet box covers; electric outlets; electric plugs; cooking thermometers; accessories for grilling products, namely, gauges for thermometers, namely, pressure gauges; accessories and replacement parts for electric lighting fixtures, namely, battery packs, cables, cable connectors, electric couplings, electric wires, conductors and connection fittings therefor, electrical connector housings, electrical controllers, electrical terminal blocks, plastic poles with electrical sources in protective covers, timers, power distribution boxes for electric power, rechargeable electric batteries, sheaths for electric cables, solar batteries, transformers, conductors and connection fittings therefor, converters, electric cords, electric sensors, solar panels for production of electricity, and voltage regulars for electric power

 

Applicant’s goods are the same as the registrant’s goods as to electric lighting fixtures and controllers, and are otherwise closely related as to lighting.  Accordingly, the goods would be used by and sold  to the same class of purchasers and encountered under circumstances leading one to mistakenly believe the goods originate from the same source.

 

Please see attached Internet website evidence from 3^rd party websites showing the relatedness of lighting fixtures.  See the attached pages from:

http://www.kichler.com/

 

http://www.hinkleylighting.com/

 

http://www.ferguson.com/category/lighting-fans/outdoor-lighting/_/N-zbq41c

 

Since the marks are similar and the goods are the same, there is a likelihood of confusion as to the source of the applicant’s goods.  Therefore, applicant’s mark is not entitled to registration.

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.  If applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.

 

ENTITY CLARIFICATION

 

The designation “LLC” is included in applicant’s name; however, the legal entity is set forth as a “SOLE PROPRIETORSHIP.”  Generally, “LLC” identifies a “limited liability company,” and not a sole proprietorship. A sole proprietorship is typically a business owned by one individual.  TMEP §803.03(a).  Therefore, applicant must specify whether the legal entity is a limited liability company or a sole proprietorship and amend the application accordingly.  See 37 C.F.R. §§2.32(a)(3)(ii)-(iii), 2.61(b); TMEP §803.03(b), (h).

 

If applicant is a limited liability company, applicant must amend the entity type and provide the U.S. state under whose laws it is organized.  TMEP §803.03(h).  If the applicant is, in fact, a sole proprietorship, then applicant must specify the business name and U.S. state or country of organization, in addition to the individual’s national citizenship.  TMEP §803.03(a).

 

If, in response to the above request, applicant provides information indicating that one of the named individuals is not an owner of the mark, registration will be refused because the application was void as filed.  See 37 C.F.R. §2.71(d); TMEP §§803.06, 1201.02(b).  An application must be filed by the party who owns or is entitled to use the mark as of the application filing date.  See 37 C.F.R. §2.71(d); TMEP §1201.02(b).

 

COLOR CLAIM - INCOMPLETE

 

The color claim does not identify all the colors in the drawing of the mark.  Specifically, the following colors have been omitted:  green.  A complete color claim must list all the colors appearing in the drawing of the mark.  See 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq.  If black, white, and/or gray are not being claimed as a color feature of the mark, applicant must exclude these from the color claim and include in the mark description a statement that the colors black, white, and/or gray represent background, outlining, shading and/or transparent areas and are not part of the mark.  TMEP §807.07(d). 

 

Based on the foregoing requirements for a complete color claim, applicant must provide a color claim that references all of the colors appearing in the drawing of the mark.  See 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq.

 

The following color claim is suggested:  “The colors white, yellow, and green are claimed as a feature of the mark.”

 

DESCRIPTION OF MARK - INCOMPLETE

 

The description of the mark is accurate but incomplete because it does not describe all the significant aspects of the applied-for mark. In addition, the applicant should use common generic terms to describe the mark, e.g., curved bands, instead of “swoosh.”  Applications for marks not in standard characters must include an accurate and concise description of the entire mark that identifies literal elements as well as any design elements.  See 37 C.F.R. §2.37; TMEP §§808 et seq. 

 

Therefore, applicant must provide a more complete description of the applied-for mark.  The following is suggested:

 

The mark consists of white letters MALIBU with the bottom of the L elongated and the I nesting in the L, with a yellow curved band (swoosh) on each end of the M and U, all on a green background.

 

RESPONSE GUIDELINES

 

To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp.  If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/trademarks/teas/e_filing_tips.jsp and e-mail technical questions to TEAS@uspto.gov.

 

TRADEMARK FEES:  Effective January 14, 2017, the USPTO increased fees for all trademark applications and related documents filed on paper.  See 81 Fed. Reg. 72694 (Oct. 21, 2016) (codified at 37 C.F.R. parts 2 and 7).  Additionally, the USPTO increased the filing fee for each class of goods or services in a regular Trademark Electronic Application System (TEAS) application and the per class processing fee for a TEAS Plus or TEAS RF application that does not meet the relevant filing requirements.  Id.  Trademark applications and related documents filed on or after January 14, 2017 must comply with the new fees.  See more information for an overview of the changes.  See the fee chart that lists all trademark fee changes.

 

 

 

 

 

 

 

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.  

 

 

 

/Andrea D. Saunders/

Trademark Attorney

Law Office 117

571-270-3856

Andrea.Saunders@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 8/23/2018 FOR U.S. APPLICATION SERIAL NO. 87904859

 

Your trademark application has been reviewed.  The trademark examining attorney assigned by the USPTO to your application has written an official letter to which you must respond.  Please follow these steps:

 

(1)  Read the LETTER by clicking on this link or going to http://tsdr.gov.uspto.report/, entering your U.S. application serial number, and clicking 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)  Respond within 6 months (or sooner if specified in the Office action), calculated from 8/23/2018, using the Trademark Electronic Application System (TEAS) response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  A response transmitted through TEAS must be received before midnight Eastern Time of the last day of the response period.

 

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. 

 

(3)  Questions about the contents of the Office action itself should be directed to the trademark examining attorney who reviewed your application, identified below. 

 

/Andrea D. Saunders/

Trademark Attorney

Law Office 117

571-270-3856

Andrea.Saunders@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.