To: | Midwest Fastener Corporation (jasond@mwf.net) |
Subject: | U.S. Trademark Application Serial No. 88002120 - FIND-IT-FAST - N/A |
Sent: | September 09, 2019 09:38:17 PM |
Sent As: | ecom114@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88002120
Mark: FIND-IT-FAST
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Correspondence Address: |
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Applicant: Midwest Fastener Corporation
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Reference/Docket No. N/A
Correspondence Email Address: |
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Applicant’s Response Is Incomplete
Issue date: September 09, 2019
The application is abandoned because applicant’s response to the final Office action dated February 27, 2019 is not complete for the reasons stated below. See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a); TMEP §§718.02, 718.03.
In this case, applicant did not (1) raise a new issue, (2) resolve all outstanding issues in the final Office action, (3) provide any new or compelling evidence with regard to the outstanding issues, or (4) present analysis and arguments that were persuasive or shed new light on the outstanding issues. Additionally, applicant did not timely file a notice of appeal and no time remains in the response period.
The specimen dated July 15, 2019 remains unacceptable because it shows the applied-for mark in advertising for label graphics technology but fails to show use of the mark in direct association with the sale or advertising of the identified “retail store services featuring graphic design software.” Accordingly, the applicant’s response to the final Office action dated February 27, 2019 is not complete.
Applicant may file a Petition to the Director Under Trademark Rule 2.146 within two months of the issue date of this notice to request that the abandonment determination be reversed and the application be returned to active status. TMEP §§715.03(a)(ii)(D), 718.03(b), 1705.04, 1713.01-.02. However, the Director will grant the petition in rare cases if (1) the USPTO committed a clear procedural error or abuse of discretion, or (2) applicant can show substantial compliance with the response requirements. TMEP §§715.03(a)(ii)(D), 718.03(b), 1713.01-02.
/AKhan/
Asmat Khan
Trademark Examining Attorney
Law Office 114
(571)-272-9453
asmat.khan@uspto.gov