Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 4/24/2019

 

Status of Application

 

Pursuant to TMEP §707.03, applicant is advised of the following status of the application.  Prior to issuance of this examiner’s amendment, the following issues were outstanding with this application:

 

1.     Section 2(d) Refusal – Likelihood of Confusion

2.     Section 2(e)(2) Refusal – Primarily Geographically Descriptive

3.     Identification of Services Amendments Required

 

In light of applicant’s Response and Amendment to Allege Use, both dated April 12, 2019 and the amendments detailed below, the examining attorney has determined the following:

 

1.     Based on the recorded ownership change, the Section 2(d) Refusal is withdrawn.

2.     Based on the Section 2(f) Claim below, the Section 2(e)(2) Refusal is withdrawn.

3.     The Requirement to Amend the Identification of Services is satisfied.

4.     Applicant’s Amendment to Allege Use is accepted.

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by J. Crockett Hailey, III on April 23, 2019, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of services may clarify or limit the services, but may not add to or broaden the scope of the services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

Section 2(f) Claim

 

The following claim of acquired distinctiveness under Trademark Act Section 2(f) is added to the record:

 

The mark has become distinctive of the services as evidenced by the ownership of active U.S. Registration No. 3717370 on the Principal Register for the same mark for sufficiently similar services.

 

TMEP §1212.04(e); see 15 U.S.C. §1052(f); 37 C.F.R. §2.41(a)(1).

 

If there are any questions about this application, please telephone or email the assigned examining attorney.

 

 

/Alison Keeley/

Examining Attorney

Law Office 113

(571) 272 - 4514

Alison.Keeley@USPTO.gov

 

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 Trademark Electronic Application System (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 4/24/2019 FOR U.S. APPLICATION SERIAL NO.88013056

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, 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)  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

 

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.