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: 10/11/2018

 

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

 

• Prior-filed application
• Section 2(d) likelihood of confusion refusals
• Identification of goods and services
• Multiple class requirements

 

PRIOR-FILED APPLICATION(S)

 

The filing date of pending U.S. Application Serial No. 87766967 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.

 

 

SECTION 2(D) LIKELIHOOD OF CONFUSION REFUSAL

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 5534103, 5564025, and 5568841.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registration.

 

The applied-for mark is CMU for a variety of goods and services across many classes, including paper goods, educational services, clothing goods, and household goods.  The registered marks are CMU for a variety of paper goods, CMU for a variety of clothing goods, and CMU for a variety of educational and entertainment services.

 

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. 

 

The marks are highly similar in appearance, sound, connotation, and commercial impression

 

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).

 

Upon review, the applied-for mark is similar to the registered mark(s) because each mark shares the same lettering CMU.  The applied-for mark and mark at Registration No. 5568841 are identical.  The applied-for mark and marks at Registration Nos. 5534103 and 5564025 are virtually identical as the applied-for mark is in standard characters and the registered marks are only slightly stylized.  A mark in typed or standard characters may be displayed in any lettering style; the rights reside in the wording or other literal element and not in any particular display or rendition.  See In re Viterra Inc., 671 F.3d 1358, 1363, 101 USPQ2d 1905, 1909 (Fed. Cir. 2012); In re Mighty Leaf Tea, 601 F.3d 1342, 1348, 94 USPQ2d 1257, 1260 (Fed. Cir. 2010); 37 C.F.R. §2.52(a); TMEP §1207.01(c)(iii).  Thus, a mark presented in stylized characters and/or with a design element generally will not avoid likelihood of confusion with a mark in typed or standard characters because the marks could be presented in the same manner of display.  See, e.g., In re Viterra Inc., 671 F.3d at 1363, 101 USPQ2d at 1909; Squirtco v. Tomy Corp., 697 F.2d 1038, 1041, 216 USPQ 937, 939 (Fed. Cir. 1983) (stating that “the argument concerning a difference in type style is not viable where one party asserts rights in no particular display”).

 

Accordingly, the applied-for mark and the registered mark(s) are similar under Section 2(d) for refusal purposes.

 

Comparison of the Goods/Services

 

The goods and/or services are compared to determine whether they are similar, commercially related, or travel in the same trade channels.  See Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369-71, 101 USPQ2d 1713, 1722-23 (Fed. Cir. 2012); Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1165, 64 USPQ2d 1375, 1381 (Fed. Cir. 2002); TMEP §§1207.01, 1207.01(a)(vi).

 

As the marks of the respective parties are identical or virtually identical, the degree of similarity or relatedness between the goods and/or services needed to support a finding of likelihood of confusion declines.  See In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411 (TTAB 2015) (citing In re Shell Oil Co., 992 F.2d 1204, 1207, 26 USPQ2d 1687, 1689 (Fed. Cir. 1993)), aff’d, 866 F.3d 1315, 123 USPQ2d 1744 (Fed. Cir. 2017); TMEP §1207.01(a).

 

With respect to Class 016, 025, and 041, the goods and services are each in part identical as each features yearbooks, notebooks, shirts, ties, jackets, courses of instruction at the college level, sporting events, concerts, and entertainment exhibitions.  Both the applicant, Carnegie Mellon University, and the registrant, Central Michigan University, are university level educational entities.  The goods and services offered by applicant are all closely related to the educational and entertainment services under the registrations.  The attached Internet evidence, consisting of screen captures from The Good Universities Guide and Cmich.edu, establishes that universities in general and Central Michigan University in particular provides the relevant goods and/or services and markets the goods and/or services under the same mark as those in the application.  Thus, applicant’s and registrant’s goods and/or services are considered related for likelihood of confusion purposes.  See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB 2009).  Additionally, the trademark examining attorney has attached evidence from the USPTO’s X-Search database consisting of a representative number of third-party marks registered for use in connection with the same or similar goods and/or services as those of both applicant and registrant in this case.  This evidence shows that the goods and/or services listed therein are of a kind that may emanate from a single source under a single mark.  See In re Aquamar, Inc., 115 USPQ2d 1122, 1126 n.5 (TTAB 2015) (citing In re Mucky Duck Mustard Co., 6 USPQ2d 1467, 1470 n.6 (TTAB 1988)); In re Albert Trostel & Sons Co.,29 USPQ2d 1783, 1785-86 (TTAB 1993); TMEP §1207.01(d)(iii).

 

Conclusion

 

The overriding concern is not only to prevent buyer confusion as to the source of the goods and/or services, but to protect the registrant from adverse commercial impact due to use of a similar mark by a newcomer.  See In re Shell Oil Co., 992 F.2d 1204, 1208, 26 USPQ2d 1687, 1690 (Fed. Cir. 1993).  Therefore, any doubt regarding a likelihood of confusion determination is resolved in favor of the registrant.  TMEP §1207.01(d)(i); see Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1265, 62 USPQ2d 1001, 1003 (Fed. Cir. 2002); In re Hyper Shoppes (Ohio), Inc., 837 F.2d 463, 464-65, 6 USPQ2d 1025, 1026 (Fed. Cir. 1988).

 

Given the similarity between the marks as well as the relatedness of the goods and services, the applied-for mark is refused registration under Section 2(d).

 

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.

 

IDENTIFICATION OF GOODS AND SERVICES

 

The identification of goods and services is indefinite and must be clarified because it has goods and services that could be in other classes, lacks the specificity required by the Office, or is otherwise unacceptable as noted below.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. The USPTO has the discretion to determine the degree of particularity needed to clearly identify goods and/or services covered by a mark.  In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d 1593, 1597 (TTAB 2014) (citing In re Omega SA, 494 F.3d 1362, 1365, 83 USPQ2d 1541, 1543-44 (Fed. Cir. 2007)).  Accordingly, the USPTO requires the description of goods and/or services in a U.S. application to be specific, definite, clear, accurate, and concise.  TMEP §1402.01; see In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d at 1597-98; Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ 321, 322 (Comm’r Pats. 1954). 

 

Applicant must correct the punctuation in the identification to clarify the individual items in the list of goods and/or services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01(a).  Proper punctuation in identifications is necessary to delineate explicitly each product or service within a list and to avoid ambiguity.  Commas, semicolons, and apostrophes are the only punctuation that should be used in an identification of goods and/or services.  TMEP §1402.01(a).  An applicant should not use colons, periods, exclamation points, and question marks in an identification.  Id.  In addition, applicants should not use symbols in the identification such as asterisks (*), at symbols (@), or carets.  Id.  In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, bar soap, shampoo).  Id.  Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products, namely, body lotion; deodorizers for pets; glass cleaners).  Id. 

 

Specifically, please note the following issues by Class:

 

Class 006:

• “Metal key chains and money clips” both belong in Class 014

 

Class 009:

• “Computer game joy sticks” belong in Class 028

 

Class 016: 

• Semi-colons should be added to clarify the differing goods
• Asterisks must be removed from “*telephone*”
• “Year books” should further specify type
• “Class albums” should clarify type
• “Media guides” should clarify type
• “Diplomas” should clarify they are printed
• “Diploma covers” should clarify nature of goods

 

Class 021:

• “containers for food or beverages” must indicate the type of container with more specificity
• “portable coolers” must indicate they are non-electric in Class 021 or electric in Class 011
• “Coasters not of paper and not being table linen” must also indicate they are not textile

 

Class 024:

• “tablecloths” must indicate they are not of paper or move to Class 016 as paper table cloths
• “Bath mats” identifies a Class 027 good

 

Class 025:

• “caps” and “visors” must indicate they are headwear to properly identify the goods

 

Class 035:

• “collegiate and bookstore items” must further specify the type of “items”
• “providing on-line directory information” must indicate type of directory

 

Class 041:

• “research and consultation in the field of liberal arts…” must be clarified as research and consultation services are classified according to the subject matter of the research and consultation.  If it is in the field of “education” then the services would all be in Class 041.  Otherwise, the individual subjects determine classification
• “providing entertainment services, namely, cultural exhibitions, motion picture exhibitions, concerts, plays, operas, musicals, recitals, dance performances, athletic events, and art exhibits” must indicate they service related to these entertainment activities
• “providing reference … services” identifies a Class 042 service
• “computer services, namely, providing a web site featuring information, resources, and links to other web sites regarding university admissions, academic and research programs, university athletic programs, university employment opportunities, university housing, university administrative services, university alumni activities and organizations, university counseling services, student activities and organizations, university publications, university libraries, and university information technology services” must be broken up into discrete services by class.  Please note that the classification of “information, resource, and links” is dependent upon the subject matter and thus this identification implicates multiple classes

 

Class 043:

• “providing temporary sleeping and eating accommodations” must be amended and separated as “eating accommodations” does not identify a cognizable service

 

Suggested Amendments

 

Suggested amendments appear below in bold, explanatory information appears in brackets and should is not part of the identification, and matter to be deleted, if any, is struck through.  Please note that these suggestions are illustrative and not exhaustive.  Applicant should refer to the Identification Manual referenced below for further guidance and suggestions of acceptable identifications.

 

Applicant may adopt the following identification, if accurate:

 

            Class 006:  Metal key chains; metal key chains and money clips {moved to Class 014}

 

Class 009:  magnetically-encoded credit cards, magnetically-encoded debit cards, computer game cassettes, computer game discs, computer game joy sticks {moved to Class 028}, computer game programs, computer game software, computer game tapes

 

Class 014:  jewelry and clocks; metal key chains and money clips {moved from Class 006}

 

Class 016:  paper goods and printed matter, namely, brochures, newspapers, journals, bulletins, programs, catalogs, printed instructional, education, and teaching materials, and books and magazines, all relating to general news, business, political, educational, sports, travel, and alumni affairs issues; {inserted “;”} school year books; class {indicate type of album, e.g., scrapbook, photographic} albums; media guides in the nature of {clarify type of guide, e.g., event programs}; telephone {deleted *} and address directories; {inserted “;”} registers, namely, books for receiving record entries; {inserted “;”} stationery, notebooks, stationery-type portfolios, binders, book covers, book ends, calendars, greeting cards, announcement cards, postcards, folders, wrapping paper, notecards, notepads, pocket and desk diaries, date books, appointment books, desk pads, memo pads, scrap books, paper weights, pen and/or pencil holders, address books, printed awards, printed diplomas, diploma covers in the nature of document covers, business cards, stickers, bumper stickers, letter openers, personal organizers, photographic prints, art prints, printed paper signs, paper banners, checkbook covers and holders, pencils, pens, decals, paper napkins, credit cards without magnetic coding, debit cards without magnetic coding, and rubber stamps; paper tablecloths {amended from Class 024}

 

Class 018:  tote bags, backpacks, all purpose athletic bags, sports bags, duffel bags, handbags, bookbags, pocketbooks, school bags, traveling bags, luggage, umbrellas, and umbrella covers

 

Class 020:  furniture, namely, chairs; mirrors, picture frames, seat cushions

 

Class 021:  coffee cups, mugs, drinking glasses, plates, bowls, insulated containers for food or beverages, non-electric portable coolers, wastepaper baskets, bottle openers, corkscrews, coasters not of paper and not being table linen nor textile, vases, salt and pepper shakers, and serving trays not of precious metal

 

Class 024:  bed linens, namely, sheets, bed spreads, quilts, blankets, throws, stadium blankets, comforters, pillow cases, pillow shams; table linens, namely, tablecloths not of paper, fabric napkins, fabric place mats, fabric table runners; bath linens, namely, towels, bath mats {moved to Class 027}, wash cloths; cloth pennants, cloth banners

 

Class 025:  jackets, shirts, shorts, sweatshirts, caps being headwear, hats, visors being headwear, neckties, boxer shorts, athletic uniforms, coats, sport coats, infantwear, baby bibs not of paper, socks, sweatpants, sweaters, slippers, pajamas and sleepwear, gloves, mittens, scarves, cardigans, and rainwear

 

Class 027 (see additional class requirements below):  Bath mats {moved from Class 024}

 

Class 028:  toys and sporting goods, namely, stuffed animals, board games, card games, wastepaper basketball games, dart games, yo-yos, footballs, basketballs, soccer balls, baseballs, decorative wind socks, flying discs, golf tees, golf bags, golf bag tags, golf club head covers and golf balls; holiday tree ornaments; playing cards; computer game joysticks {moved from Class 009}

 

Class 035:  retail store services featuring collegiate and bookstore {specify category, e.g., apparel, gift, and book} items, online retail store services featuring collegiate and bookstore {specify category, e.g., apparel, gift, and book} items; research and consultation in the field of business; providing on-line {indicate type of directory, e.g., business, telephone, and commercial information} directory information services also featuring hyperlinks to other web sites; providing a web site featuring information, resources, and links to other web sites regarding university employment opportunities, administrative services {moved from Class 041}

 

Class 036:  charitable fundraising services; leasing of college facilities; providing a web site featuring information, resources, and links to other web sites regarding university housing {moved from Class 041}

 

Class 041:  educational services, namely, developing, arranging for and providing courses of instruction and training at the undergraduate, graduate, post-graduate, and professional levels, developing, arranging for and providing courses of instruction and training at the undergraduate, graduate, post-graduate levels via a global computer network; research and consultation in the field of liberal arts education, namely, as it relates to education in literature, history, philosophy, psychology, fine arts and modern languages; research and consultation in the field of liberal arts, namely, literature, history, philosophy, psychology {psychology research is a Class 042 service and psychology consultation is a Class 044 service}, fine arts and modern languages; research and consultation in the field of education; publishing services, namely, publication of books, pamphlets, textbooks and other materials, namely, magazines, newspapers, newsletters, and yearbooks in print and electronic format; production of radio and television programs; providing entertainment services, namely, organization of cultural exhibitions and motion picture exhibitions, arranging and conducting concerts, plays, operas, musicals, recitals, and dance performances, providing collegiate athletic events, and art exhibits; conducting educational conferences, lectures, workshops, demonstrations, and seminars; providing facilities for recreational, educational, and entertainment meetings; providing recreational, sports, and athletic facilities; providing reference and {moved to Class 042} library services; computer services, namely {deleted as this wording is unnecessary and a confusing phrase related to the ultimate service} providing a web site featuring information, resources, and links to other web sites regarding university admissions, academic and research programs {moved to Class 042}, university athletic programs, university employment opportunities {moved to Class 035}, university housing {moved to Class 036}, university administrative services {moved to Class 035}, university alumni entertainment and educational activities and organizations, university counseling services {moved to Class 044}, student entertainment and educational activities and organizations, university publications, university libraries, and university information technology services {moved to Class 042}

 

Class 042:  computer services, namely, hosting the web sites of others on a computer server for a global computer network; research and consultation in the fields of science and engineering; psychology research {amended from Class 041}; providing research and reference services by librarians and reference service specialists {moved from Class 041}; providing a web site featuring information, resources, and links to other web sites regarding university information technology services {moved from Class 041}; providing a web site featuring information, resources, and links to other web sites regarding university scientific research programs {moved from Class 041}

 

Class 043:  Providing temporary sleeping accommodations; providing eating services, namely, provision of food and drink; providing restaurant services

 

Class 044 (see multiple class requirements below):  Psychology consultation {amended from Class 041}; providing a web site featuring information, resources, and links to other web sites regarding university counseling services {moved from Class 041}

 

Advisory

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  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.

 

MULTIPLE CLASS REQUIREMENTS

 

The application identifies goods and/or 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 fee(s) already paid (view the USPTO’s current fee schedule).  The application identifies goods and/or services that are classified in at least 17 classes; however, applicant submitted a fee(s) sufficient for only 15 class(es).  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

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.

 

INFORMATION REGARDING COMMUNICATIONS WITH TRADEMARK OFFICE

 

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(s) and/or requirement(s) 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.

 

 

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.  

 

 

 

Mark Shiner

/Mark Shiner/

Trademark Examining Attorney

Law Office 105

Phone:  571-272-1489

E-mail:  mark.shiner@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 10/11/2018 FOR U.S. APPLICATION SERIAL NO. 88009259

 

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.