Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Owner’s Trademark Registration

OFFICE ACTION

The USPTO must receive the owner’s response to this letter within the time period specified below.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears below.

Issue date:  June 4, 2019

The Section 7(g) Request for Correction submitted on May 22, 2019 is being processed as a Section 7(h) Request for Correction because the request is based on a mistake that did not occur through the actions of the United States Patent and Trademark Office.  A fee is required in this case.

Although the owner’s address was updated, the state of legal entity cannot be corrected without a good faith statement and signed declaration.

FEE REQUIREMENT

The owner must submit the filing fee for the submitted Section 7(h) Request for Correction.  15 U.S.C. §1057(h); 37 C.F.R. §§2.6, 2.175(a); TMEP §1609.10(b).  The fee for filing a Section 7(h) Request for Correction is $100 for filings submitted online using the Trademark Electronic Application System (“TEAS”) and $200 for filings submitted on paper.  37 C.F.R. §2.6.  The required fee was not submitted.

GOOD FAITH STATEMENT ALONG WITH SIGNED DECLARATION

The owner must submit a statement explaining how the error occurred, verified in an affidavit or with declaration under 37 C.F.R. §2.20.  A Section 7 Request for Correction that involves a mistake made by the owner of the registration must include a verified explanation that shows the error occurred in good faith.  37 C.F.R. §2.175(b).

To verify the Section 7 Request for Correction, the owner must submit a substitute affidavit or declaration under 37 C.F.R. §2.20.  The following is a properly worded declaration in accordance with 37 C.F.R. §2.20 that can be inserted at the end of your response, and signed and dated:

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statement may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the owner, and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

__________________________

Signature of Authorized Person

__________________________

Type or Print Name

__________________________

Date

The following persons are authorized to sign a Section 7 Request for Correction on behalf of the owner:

(1)            A person with legal authority to bind the owner; and

(2)            An attorney as defined in 37 C.F.R. §11.1 who has actual or implied written or verbal power of attorney from the owner.

37 C.F.R. §2.175(b)(2).

For future reference, use link below to update the owner’s and/or correspondence address information:

http://www.gov.uspto.report/trademarks-application-process/filing-online/correspondence-and-attorneydomestic-representative

The owner has six months from the issuance date of this letter to respond to all the issues raised in this letter.  In order to expedite the processing of your Section 7 Request for Correction, the early submission of a response to this letter is encouraged.  If a complete response is not received in the Office within this time period, then the Section 7 Request for Correction will be considered abandoned.  37 C.F.R. §2.176. 

/Dana L. Newton/

Trademark Specialist

Post Registration Division

571-272-9544

571-273-9544 – fax

Dana.Newton@uspto.gov

USPTO

How to respond.  Click to file a Response to Post-Registration Office action. 

Direct questions about this Office action to the Post Registration staff member below.

RESPONSE GUIDANCE

• Response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS maintenance or unforeseen circumstances could affect an owner’s ability to timely respond.  

• Responses signed by an unauthorized party are not accepted or processed.  If the owner does not have an attorney, the response must be signed by the individual owner, all joint owners, or someone with legal authority to bind a juristic owner.  If the owner 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.