To: | ROYALTY WORLD INC S.A.S (andrea@legalfc.com) |
Subject: | U.S. Trademark Application Serial No. 88056732 - MALUMA - N/A |
Sent: | August 22, 2019 07:17:21 PM |
Sent As: | ecom100@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88056732
Mark: MALUMA
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Correspondence Address: |
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Applicant: ROYALTY WORLD INC S.A.S
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Reference/Docket No. N/A
Correspondence Email Address: |
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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: August 22, 2019
This Office action is supplemental to and supersedes the previous Office action issued on November 29, 2018 in connection with this application. Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new requirement(s): U.S. Counsel Required. See TMEP §§706, 711.02.
In a previous Office action(s) dated November 29, 2019, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Section 2(d) for a likelihood of confusion with a registered mark; Section 2(a) for a False Association; and Section 2(c) for Consent. In addition, applicant was required to satisfy the following requirement(s): submit additional fees required for TEAS Plus.
Based on applicant’s response, the trademark examining attorney notes that the following
refusal(s) have been obviated: Trademark Act Section 2(d) for a likelihood of confusion with a registered mark; Section 2(a) for a False Association; and Section 2(c) for Consent. See id.
The following is a SUMMARY OF ISSUES that applicant must address:
• NEW ISSUE: U.S. Counsel Required
• Additional Fees Required TEAS Plus
Applicant must respond to all issues raised in this Office action and the previous November 29, 2018 Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
Additional Fees Required TEAS Plus
The additional fee is required even if applicant later corrects these application requirements. There are twelve classes in the application.
U.S. Counsel Required
Applicant must be represented by a U.S.-licensed attorney. The application record indicates that applicant’s domicile is outside of the United States in Bogota, Columbia, but no attorney who is an active member in good standing of the bar of the highest court of a U.S. State or territory has been appointed to represent the applicant in this matter. All applicants whose permanent legal residence or principal place of business is not within the United States or its territories must be represented by a U.S.-licensed attorney at the USPTO. 37 C.F.R. §§2.2(o), 2.11(a). Thus, applicant is required to be represented by a U.S.-licensed attorney and must appoint one. 37 C.F.R. §2.11(a). This application will not proceed to registration without such appointment and representation. See id. See Hiring a U.S.-licensed trademark attorney for more information.
To appoint or designate a U.S.-licensed attorney. To appoint an attorney, applicant should (1) submit a completed Trademark Electronic Application System (TEAS) Revocation, Appointment, and/or Change of Address of Attorney/Domestic Representative form and (2) promptly notify the trademark examining attorney that this TEAS form was submitted. Alternatively, if applicant has already retained an attorney, 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).
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 nonfinal Office action
/KarlaPerkins/
Karla Perkins
Staff Attorney
Law Office 100
(571) 272-9260
Karla.Perkins@uspto.gov
RESPONSE GUIDANCE