Offc Action Outgoing

PLAYGROUND

Altimetrik Corp.

U.S. TRADEMARK APPLICATION NO. 88004281 - PLAYGROUND - ALTI/T002US

To: Altimetrik Corp. (psdocketing@pattersonsheridan.com)
Subject: U.S. TRADEMARK APPLICATION NO. 88004281 - PLAYGROUND - ALTI/T002US
Sent: 10/11/2018 4:30:40 PM
Sent As: ECOM113@USPTO.GOV
Attachments: Attachment - 1
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UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

U.S. APPLICATION SERIAL NO.  88004281

 

MARK: PLAYGROUND

 

 

        

*88004281*

CORRESPONDENT ADDRESS:

       WILLIAM B. PATTERSON

       PATTERSON & SHERIDAN, LLP

       24 GREENWAY PLAZA

       SUITE 1600

       HOUSTON, TX 77046

 

CLICK HERE TO RESPOND TO THIS LETTER:

http://www.gov.uspto.report/trademarks/teas/response_forms.jsp

 

VIEW YOUR APPLICATION FILE

 

APPLICANT: Altimetrik Corp.

 

 

 

CORRESPONDENT’S REFERENCE/DOCKET NO:  

       ALTI/T002US

CORRESPONDENT E-MAIL ADDRESS: 

       psdocketing@pattersonsheridan.com

 

 

 

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: 10/11/2018

 

 

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issues below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

SUMMARY OF ISSUES:

 

In response to this Office action, applicant must address the following issues:

 

  • Section 2(d) Refusal – Likelihood Of Confusion
  • Indefinite Identification Of Services – Amendment Required
  • Clarification Of The Number Of Classes For Which Registration Is Sought Required

 

Also, please note the potential Section 2(d) – Likelihood of Confusion Refusal although no response is required to the issue of the pending applications.

 

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. 5055655, 5142881, 5387800.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registrations.

 

In this case, applicant has applied to register the mark PLAYGROUND for use in connection with “Consulting services including the development and improvement of an organization's culture through human and non-human resource improvement” and “Technology consulting and solution implementation services to improve the speed and effectiveness at which information technology programs and products are delivered.”

 

Registration No. 5055655 is for the mark PLAYGROUND used in connection with “Providing business management consulting and advisory services to entrepreneurs and emerging and start-up companies; business incubator services, namely, providing business management and business development services in the form of support for emerging and start-up companies; rental and leasing of office machinery and equipment.”

 

Registration No. 5142881 is for the mark PLAYGROUND HOSPITALITY used in connection with “Business consulting services in the field of operating and managing restaurants; Offering business management assistance in the establishment and/or operation of restaurants; Restaurant management for others.”

 

Registration No. 5387800 is for the mark used in connection with, in relevant part, “business management services, namely, providing business intelligence and analytics management services; business management consulting services relating to business intelligence, analytics, and reporting; providing general information of interest to the fields of business intelligence and analytics via a website” and “Computer programming; programming, design, development, analysis, implementation, installation, integration, maintenance, updating and repair of computer programs, software and mobile applications for others; deployment, namely, design and development of computer programs, software and mobile applications for others for distribution of multimedia contents; leasing and rental of computer software; technical support services for computer software, namely, problem troubleshooting; computer database development services; design of computer software for business intelligence; research, consultation and development services in the field of computer software, mobile applications, new business software products and systems for business intelligence and for storing, combining, managing, tracking, analyzing, creating reports and sharing data; computer systems analysis; software as a service, SAAS, services featuring software for secure, cloud-based file storage, transfer, and sharing; providing temporary use of on-line non-downloadable software and cloud computing featuring software for storing, combining, managing, tracking, creating reports and sharing data; data warehousing.”

 

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 services of the applicant and registrant.  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 [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. 

 

Similarity of the Marks

 

In a likelihood of confusion determination, the marks in their entireties are compared for similarities in appearance, sound, connotation, and commercial impression.  In re i.am.symbolic, llc, 866 F.3d 1315, 1323, 123 USPQ2d 1744, 1748 (Fed. Cir. 2017); 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)); In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973); TMEP §1207.01(b)-(b)(v). 

 

In the present case, applicant’s mark is PLAYGROUND and registrant’s mark in Registration No. 5055655 is PLAYGROUND.  These marks are identical in appearance, sound, and meaning, “and have the potential to be used . . . in exactly the same manner.”  In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411 (TTAB 2015), aff’d, 866 F.3d 1315, 123 USPQ2d 1744 (Fed. Cir. 2017).  Additionally, because they are identical, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrant’s respective services.  Id.  Therefore, the marks are confusingly similar. 

 

Also in this case, applicant’s mark, PLAYGROUND, is confusingly similar to the registered marks PLAYGROUND HOSPITALITY and QLIK PLAYGROUND. Specifically, the two registered marks completely encompass the applied-for mark.  Incorporating the entirety of one mark within another does not obviate the similarity between the compared marks, as in the present case, nor does it overcome a likelihood of confusion under Section 2(d).  See Wella Corp. v. Cal. Concept Corp., 558 F.2d 1019, 1022, 194 USPQ 419, 422 (C.C.P.A. 1977) (finding CALIFORNIA CONCEPT and surfer design and CONCEPT confusingly similar); Coca-Cola Bottling Co. v. Jos. E. Seagram & Sons, Inc., 526 F.2d 556, 557, 188 USPQ 105, 106 (C.C.P.A. 1975) (finding BENGAL LANCER and design and BENGAL confusingly similar); In re Integrated Embedded, 120 USPQ2d 1504, 1513 (TTAB 2016) (finding BARR GROUP and BARR confusingly similar); In re Mr. Recipe, LLC, 118 USPQ2d 1084, 1090 (TTAB 2016) (finding JAWS DEVOUR YOUR HUNGER and JAWS confusingly similar); TMEP §1207.01(b)(iii).  In the present case, the marks are identical in part.  Therefore, the marks are similar for likelihood of confusion purposes.

 

Ultimately, when purchasers call for the services of the applicant and registrant using PLAYGROUND, PLAYGROUND HOSPITALITY and QLIK PLAYGROUND, they are likely to be confused as to the sources of those services by the similarities between the marks. Thus, the marks are confusingly similar.

 

            Relatedness of the Services

 

The compared 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 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).

 

In this case, applicant's “Consulting services including the development and improvement of an organization's culture through human and non-human resource improvement” are related to the services in Registration No. 5055655, “Providing business management consulting and advisory services to entrepreneurs and emerging and start-up companies; business incubator services, namely, providing business management and business development services in the form of support for emerging and start-up companies; rental and leasing of office machinery and equipment;” Registration No. 5142881, “Business consulting services in the field of operating and managing restaurants; Offering business management assistance in the establishment and/or operation of restaurants; Restaurant management for others,” and Registration No. 5387800, “business management services, namely, providing business intelligence and analytics management services; business management consulting services relating to business intelligence, analytics, and reporting; providing general information of interest to the fields of business intelligence and analytics via a website.” Specifically, both the application and registration identify business management services.

 

The registrations use broad wording to describe business management consultancy, which presumably encompasses all services of the type described, including applicant’s vaguely wording identification that appears to relate to business management for a wide variety of organizations and touches upon both “human and non-human resource improvement”.  See, e.g., Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015); In re N.A.D., Inc., 57 USPQ2d 1872, 1874 (TTAB 2000).  Additionally, the services of the applicant has no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers” as those specified by the registrants.  In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)). 

 

Determining likelihood of confusion is based on the description of the services stated in the application and registration at issue, not on evidence of actual use.  See Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1323, 110 USPQ2d 1157, 1162 (Fed. Cir. 2014) (quoting Octocom Sys. Inc. v. Hous. Computers Servs. Inc., 918 F.2d 937, 942, 16 USPQ2d 1783, 1787 (Fed. Cir. 1990)). 

 

Also in this case, applicant's “Technology consulting and solution implementation services to improve the speed and effectiveness at which information technology programs and products are delivered” are related to the services in Registration No. 5387800, “Computer programming; programming, design, development, analysis, implementation, installation, integration, maintenance, updating and repair of computer programs, software and mobile applications for others; deployment, namely, design and development of computer programs, software and mobile applications for others for distribution of multimedia contents; leasing and rental of computer software; technical support services for computer software, namely, problem troubleshooting; computer database development services; design of computer software for business intelligence; research, consultation and development services in the field of computer software, mobile applications, new business software products and systems for business intelligence and for storing, combining, managing, tracking, analyzing, creating reports and sharing data; computer systems analysis; software as a service, SAAS, services featuring software for secure, cloud-based file storage, transfer, and sharing; providing temporary use of on-line non-downloadable software and cloud computing featuring software for storing, combining, managing, tracking, creating reports and sharing data; data warehousing.” Specifically, both the application and registration identify technology consultancy and services.

 

The application uses broad wording to describe technology consulting and “solution implementation services”, which presumably encompasses all services of the type described, including registrant’s more narrow specific information technology and computer services as well as consulting services related to computer software, mobile applications, new business software products and systems for business intelligence and for storing, combining, managing, tracking, analyzing, creating reports and sharing data; computer systems analysis.  See, e.g., Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015); In re N.A.D., Inc., 57 USPQ2d 1872, 1874 (TTAB 2000).  Additionally, the services of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers.”  In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)). 

 

When purchasers encounter the services of the applicant and registrant, they are likely to be confused as to the source of the goods by the relationship between them. Thus, the services are closely related.

 

Therefore, because the marks are confusingly similar and the services are closely related, purchasers encountering these services are likely to believe, mistakenly, that they emanate from a common source. Accordingly, there is a likelihood of confusion and registration is refused pursuant to Section 2(d) of the Trademark Act.

 

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

 

POTENTIAL SECTION 2(d) REFUSAL – 1 PENDING APPLICATION

 

The filing date of pending U.S. Application Serial No. 87141413 precedes applicant’s filing date.  See attached referenced application.  If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks.  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced application.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

 

While applicant is not required to respond to the issue of the pending applications, applicant must respond to the Section 2(d) Refusal and Identification of Services and Class Clarification Requirement within six months of the mailing date of this Office action to avoid abandonment.

 

INDEFINITE IDENTIFICATION OF SERVICES – AMENDMENT REQUIRED

 

Class 35

 

The wording “including” in the identification of services is indefinite and must be deleted and replaced with a definite term, such as “namely,” “consisting of,” “particularly,” or “in particular.”  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a).  The identification must be specific and all-inclusive.  This wording is an open-ended term (e.g., “including,” “such as”) that is not acceptable because it fails to identify specific goods.  See TMEP §1402.03(a). Therefore, applicant must amend the wording in the mark to use a definite term. 

 

Further, the wording “the development and improvement of an organization's culture through human and non-human resource improvement” in the identification of services is indefinite and must be clarified because the wording does not clearly identify a known services, such as providing advice regarding business management.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to specify the common commercial or generic name of the services.  See TMEP §1402.01.  If the services have no common commercial or generic name, applicant must describe the service, its main purpose, and its intended uses.  See id.  Therefore, applicant must clarify the nature of the services.

 

Class 42

 

The wording “Technology consulting and solution implementation services to improve the speed and effectiveness at which information technology programs and products are delivered” in the identification of services for International Class 42 must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, “solution implementation services” could encompass the installation of computer hardware in Class 37, installation of software in Class 42, or transmission of digital files in Class 38.  Further, applicant must specify the kind of “technology” the consulting is being provided for, such as computer or telecommunications technology.  In addition, the kind of “products” is indefinite as this could refer to digital or physical products.  Therefore, applicant must clarify the services for classification purposes.

 

Applicant may adopt the following identification, if accurate:

 

Class 35 – “[applicant to specify, e.g. business management] consulting services, namely, [applicant to specify, e.g. providing advice regarding] the development and improvement of an organization's [applicant to specify, e.g. workplace, corporate] culture through human and non-human resource improvement.”

 

Class 37 – “technology solution implementation services, namely, [applicant to specify, e.g. installation of computer hardware] to improve the speed and effectiveness at which information technology programs and [applicant to specify, e.g. digital] products are delivered.”

 

Class 38 – “technology solution implementation services, namely, [applicant to specify, e.g. transmission of digital files, satellite transmission services, electronic data transmission] to improve the speed and effectiveness at which information technology programs and [applicant to specify, e.g. digital] products are delivered.”

 

Class 42 – “[applicant to specify, e.g. information, computer, telecommunications] technology consulting to improve the speed and effectiveness at which information technology programs and products are delivered; technology solution implementation services, namely, [applicant to specify, e.g. installation of software, development of software, IT integration services] to improve the speed and effectiveness at which information technology programs and [applicant to specify, e.g. digital] products are delivered.”

 

Applicant may amend the identification to clarify or limit the services, but not to broaden or expand the services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted services may not later be reinserted.  See TMEP §1402.07(e).

 

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual.  See TMEP §1402.04.

 

CLARIFICATION OF THE NUMBER OF CLASSES FOR WHICH REGISTRATION IS SOUGHT REQUIRED

 

The application identifies services that are classified in at least 4 classes; however, applicant submitted a fee sufficient for only 2 classes.  In a multiple-class application, a fee for each class is required.  37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01.

 

Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.

 

ADVISORY- MULTIPLE-CLASS APPLICATION REQUIREMENTS

 

The application identifies services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(1)       List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)       Submit a filing fee for each international class not covered by the fees already paid (view the USPTO’s current fee schedule). 

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

RESPONSE TO THIS OFFICE ACTION

 

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.  

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal and requirement in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.

 

 

/Emma Sirignano/

Examining Attorney, Law Office 113

United States Patent and Trademark Office

(571) 272-7031

emma.sirignano@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.

 

 

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U.S. TRADEMARK APPLICATION NO. 88004281 - PLAYGROUND - ALTI/T002US

To: Altimetrik Corp. (psdocketing@pattersonsheridan.com)
Subject: U.S. TRADEMARK APPLICATION NO. 88004281 - PLAYGROUND - ALTI/T002US
Sent: 10/11/2018 4:30:42 PM
Sent As: ECOM113@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 10/11/2018 FOR U.S. APPLICATION SERIAL NO. 88004281

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click 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)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 10/11/2018 (or sooner if specified in the Office action).  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.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

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.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@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.

 

 


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