Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

FINAL OFFICE ACTION

 

Issue date:  August 28, 2019

 

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.  

 

How to respond.  Click to file a response to this final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB)

 

STRICT DEADLINE TO RESPOND TO THIS LETTER:  To avoid abandonment of applicant’s trademark application, the USPTO must receive a complete response within (1) thirty (30) days of the date of issuance of this letter, or (2) the time remaining in the six-month period for responding to the previous Office action, whichever is longer.

 

NOTICE OF INCOMPLETE RESPONSE – EXAMINER’S ACTION CONTINUING A FINAL REFUSAL(S) AND/OR REQUIREMENT(S)

 

The problem with applicant’s response:  A final Office action issued for this application on February 26, 2019.  Applicant’s response filed on August 28, 2019 via the Trademark Electronic Application System (TEAS) is incomplete because significant data and/or attachments are missing from the response form transmitted to the USPTO.  Specifically, the following data/attachments are missing: signed letter of consent.  Thus, the response contained little or no data and was not responsive to the final Office action, which is still outstanding.  To be complete, an applicant must attempt to resolve all the issues raised in an outstanding Office action.  See 37 C.F.R. §2.65(a); TMEP §718.03.

 

What applicant must do to fix the problem:  To avoid abandonment of the application, applicant must submit a complete response resolving all the issues raised in the previous outstanding final Office action within (1) the time remaining in the six-month period for response to the previous Office action, or (2) thirty days from the date of issuance of this letter, whichever is longer.  37 C.F.R. §2.65(a)(2); TMEP §§715.03(a)(ii)(C), 718.03(b).  This letter does not serve to extend the time for filing a notice of appeal, which runs from the issuance date of the final Office action.  See 37 C.F.R. §§2.63(b)(3), 2.142(a); TMEP §715.03(a)(ii)(E), (c).

 

The outstanding final Office action can be viewed online in the Trademark Status and Document Retrieval (TSDR) system:

 

(1)        Go to the TSDR database.

 

(2)        Select “US Serial, Registration, or Reference No.” from the drop-down menu box and enter the serial number of this application.

 

(3)        Click on “Documents” to view the list of documents filed and/or issued in this application.

 

(4)        Click on the document titled “Offc Action Outgoing” with a “Create/Mail Date” of February 26, 2019 to view the Office action.

 

(5)        Click on the “Download PDF” button in the top right corner of the screen to download or print the Office action.

 

If applicant is unable to view the Office action after following the above instructions, please e-mail TSDR@uspto.gov for further assistance.

 

If a response to this letter is filed via TEAS, applicant should review the resulting e-mail acknowledgement to ensure that the data entered by applicant in the response form appears in the e-mail.  If any data is missing from the e-mail acknowledgement, the USPTO has not received that data and the response may not be complete.  If this occurs, applicant should immediately resubmit a response that includes the data if time remains to respond.  If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online and e-mail technical questions to TEAS@uspto.gov.

 

What happens if the USPTO does not receive a properly signed response within the specified time period:  If applicant does not properly respond within the specified time period, this application will be abandoned because applicant filed an incomplete response.  37 C.F.R. §2.65(a); TMEP §§715.03(a)(ii)(E), 718.03.  In such case, applicant may file a petition to the Director to request a reversal of the decision to abandon the application.  TMEP §§718.03(b), 1713.01-.02; see 37 C.F.R. §2.146(a)(3).  The petition must be filed within two months of the date of issuance of the notice of abandonment and may be filed online through TEAS with a $100 fee.  See 37 C.F.R. §§2.6(a)(15)(ii), 2.146(d); TMEP §§1705.04, 1714.01(a). 

 

Assistance

 

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.

 

/Daniel S. Stringer/

Trademark Examining Attorney

U.S. Patent and Trademark Office

Law Office 103

571.272.8975

daniel.stringer@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on August 28, 2019 for

U.S. Trademark Application Serial No. 88020489

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Daniel S. Stringer/

Trademark Examining Attorney

U.S. Patent and Trademark Office

Law Office 103

571.272.8975

daniel.stringer@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from August 28, 2019, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond.

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”