To: | Zeng Jianbin (tulingtm@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88027575 - MERMAID - tuling |
Sent: | May 28, 2021 12:45:24 PM |
Sent As: | ecom110@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88027575
Mark: MERMAID
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Correspondence Address: law office of zhang & associates, pc Suite 717, 136-68 Roosevelt Ave
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Applicant: Zeng Jianbin
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Reference/Docket No. tuling
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: May 28, 2021
This letter is in response to applicant’s communication received April 26, 2021. The examining attorney has determined the following with regard to the power of attorney.
POWER OR APPOINTMENT OF ATTORNEY UNACCEPTABLE
A power or appointment of attorney was filed on April 26, 2021 to change the correspondence address; however, it was not properly signed by applicant or someone with legal authority to bind applicant. See 37 C.F.R. §§2.17(c)(2), 2.18(c), 2.193(e)(3), (e)(9)(ii); TMEP §§605.01, 611.03(c), (i).
In this case, the party who signed the document is Weibo Zhang, who does not have legal authority to bind applicant because an “an original power of attorney, other than one associating an additional attorney with an already recognized attorney (see TMEP §605.03), must be signed by the individual applicant or registrant or someone with legal authority to bind a juristic applicant or registrant (e.g., a corporate officer or general partner of a partnership.” See TMEP §611.04. Thus, the USPTO will not process this power of attorney and the correspondence name, postal address, and email address will remain unchanged. See 37 C.F.R. §§2.17(c), 2.18(a)(1); TMEP §609.02(a).
However, the examining attorney continues and maintains the following requirement:
Applicant must be represented by a U.S.-licensed attorney. An applicant whose domicile is located outside of the United States or its territories is foreign-domiciled and must be represented at the USPTO by an attorney who is an active member in good standing of the bar of the highest court of a U.S. state or territory. 37 C.F.R. §§2.11(a), 11.14; Requirement of U.S.-Licensed Attorney for Foreign-Domiciled Trademark Applicants & Registrants, Examination Guide 4-19, at I.A. (Rev. Sept. 2019). An individual applicant’s domicile is the place a person resides and intends to be the person’s principal home. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. A juristic entity’s domicile is the principal place of business; i.e., headquarters, where a juristic entity applicant’s senior executives or officers ordinarily direct and control the entity’s activities. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. Because applicant is foreign-domiciled, applicant must appoint such a U.S.-licensed attorney qualified to practice under 37 C.F.R. §11.14 as its representative before the application may proceed to registration. 37 C.F.R. §2.11(a). See Hiring a U.S.-licensed trademark attorney for more information.
To appoint a U.S.-licensed attorney. To appoint an attorney, applicant should submit a completed Trademark Electronic Application System (TEAS) Change Address or Representation form. The newly-appointed attorney must submit a TEAS Response to Examining Attorney Office Action form indicating that an appointment of attorney has been made and address all other refusals or requirements in this action, if any. Alternatively, if applicant retains an attorney before filing the response, the attorney can respond to this Office action by using the appropriate TEAS response form and provide his or her attorney information in the form and sign it as applicant’s attorney. See 37 C.F.R. §2.17(b)(1)(ii).
How to respond. Click to file a response to this nonfinal Office action.
/Caroline E. Wood/
Trademark Examining Attorney
caroline.wood@uspto.gov
Law Office 110
(571) 272-9243
RESPONSE GUIDANCE