UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.  A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.

 

 

ISSUE/MAILING DATE: 12/20/2018

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

SUMMARY OF ISSUES:

 

·       Section 2(d) Refusal – Likelihood of Confusion

·       Classification and Identification of Goods

 

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 3884409.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registration.

 

Applicant’s mark is THE SMART CHOICE (in standard character form) for “Flotation devices to aid in teaching swimming, namely, training vests, kickboards, bodyboards, arm floats, floating baby pool seats, babyboats; personal floatation devices, namely, life jackets and vests, inner tubes with attached swinsuits, swim trainers, and foam back floats; inflatable toys for recreational use in water, namely, baby play mats, play swimming pools having a canopy top, splash pools, pools, water blobs, and mats; apparel, namely, swimwear, hats, rashguards, diapers, backpacks, and bags; water activity toys and games for swim training, namely, balls, splash balls, dive sticks, dive rings, sprinklers, and plush toys; accessory apparel, namely, towels, hoodies, and cover-ups; swim gear, namely, swim goggles, swim masks, ear plugs and nose clips; protective wear, namely, board shorts, body shields, arm and leg shields, face shields, hats, caps, gloves, and diapers; protective shelters, namely, tents, sun shelters, umbrellas, and swimming pools having a canopy top; swim goggles; swim masks; sunglass cases; straps for sunglasses; sun goggles; eyeglasses; optical lenses; protective towels; UV resistant wristbands; inflatable rafts, floats, tubes, chairs, lounges, and seats for recreational use; water toys, namely, dive sticks, dive toys, dive rings, torpedo divers, floating toys, skimming toys, water footballs, water baseballs, water balls, water disks, bouncing water toys, water blasters, toy water guns, floating torpedoes, foam puzzles, toy foam building sets, paddle games, catch games, toy lacrosse game sets, toy water gliders, toy fishing games, floating toy creatures, floating toy animals; water and pool games; snorkels; combination swimming mask, snorkel and swim fin sets; swim fins; bags for carrying snorkel and dive equipment; swim caps; dry bags for carrying snorkel and dive equipment; waterproof cases for snorkel and dive equipment; earplugs for swimming and diving; nose clips for swimming and diving, chamois for use in swimming and diving; personal flotation vests” in International Class 028. Registrant’s mark is SMARTCHOICES (also in standard character form) for multiple classes, with the relevant class being International Class 025 - “Disposable underwear, namely, baby underwear and disposable panties for women; clothing, footwear and headgear for infants, namely, shirts, blouses, pants, socks, jackets, shoes, hats, caps, tights, skirts, dresses, swimming suits, cloth or plastic bibs for babies” in International Class 025.

 

Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be confused, mistaken, or deceived as to the commercial source of the goods and/or services of the parties.  See 15 U.S.C. §1052(d).  Likelihood of confusion is determined on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) (called the “du Pont factors”).  In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017).  Only those factors that are “relevant and of record” need be considered.  M2 Software, Inc. v. M2 Commc’ns, Inc., 450 F.3d 1378, 1382, 78 USPQ2d 1944, 1947 (Fed. Cir. 2006) (citing Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1241, 73 USPQ2d 1350, 1353 (Fed. Cir. 2004)); see In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1744 (TTAB 2018). 

 

Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis:  (1) the similarities between the compared marks and (2) the relatedness of the compared goods and/or services.  See In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); Federated Foods, Inc. v. Fort Howard Paper Co.,544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the marks.”); TMEP §1207.01.

 

Comparison of the Marks

 

Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.  Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v).  “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.”  In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)); TMEP §1207.01(b).

 

When comparing marks, “[t]he proper test is not a side-by-side comparison of the marks, but instead whether the marks are sufficiently similar in terms of their commercial impression such that [consumers] who encounter the marks would be likely to assume a connection between the parties.”  Cai v. Diamond Hong, Inc., __ F.3d __, 127 USPQ2d 1797, 1801 (Fed. Cir. 2018) (quoting Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1368, 101 USPQ2d 1713, 1721 (Fed. Cir. 2012)); TMEP §1207.01(b).  The proper focus is on the recollection of the average purchaser, who retains a general rather than specific impression of trademarks.  In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018) (citing In re St. Helena Hosp., 774 F.3d 747, 750-51, 113 USPQ2d 1082, 1085 (Fed. Cir. 2014); Geigy Chem. Corp. v. Atlas Chem. Indus., Inc., 438 F.2d 1005, 1007, 169 USPQ 39, 40 (CCPA 1971)); TMEP §1207.01(b).

 

In this case, applicant’s mark, THE SMART CHOICE, is highly similar in sound, appearance, meaning and overall commercial impression to registrant’s mark, SMARTCHOICES. Both marks contain the identical wording SMART. Marks may be confusingly similar in appearance where similar terms or phrases or similar parts of terms or phrases appear in the compared marks and create a similar overall commercial impression.  See Crocker Nat’l Bank v. Canadian Imperial Bank of Commerce, 228 USPQ 689, 690-91 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n, 811 F.2d 1490, 1495, 1 USPQ2d 1813, 1817 (Fed. Cir. 1987) (finding COMMCASH and COMMUNICASH confusingly similar); In re Corning Glass Works, 229 USPQ 65, 66 (TTAB 1985) (finding CONFIRM and CONFIRMCELLS confusingly similar); In re Pellerin Milnor Corp., 221 USPQ 558, 560 (TTAB 1983) (finding MILTRON and MILLTRONICS confusingly similar); TMEP §1207.01(b)(ii)-(iii).

 

Comparison of the Goods and/or Services

 

The applicant’s goods and/or services are identified as “Flotation devices to aid in teaching swimming, namely, training vests, kickboards, bodyboards, arm floats, floating baby pool seats, babyboats; personal floatation devices, namely, life jackets and vests, inner tubes with attached swinsuits, swim trainers, and foam back floats; inflatable toys for recreational use in water, namely, baby play mats, play swimming pools having a canopy top, splash pools, pools, water blobs, and mats; apparel, namely, swimwear, hats, rashguards, diapers, backpacks, and bags; water activity toys and games for swim training, namely, balls, splash balls, dive sticks, dive rings, sprinklers, and plush toys; accessory apparel, namely, towels, hoodies, and cover-ups; swim gear, namely, swim goggles, swim masks, ear plugs and nose clips; protective wear, namely, board shorts, body shields, arm and leg shields, face shields, hats, caps, gloves, and diapers; protective shelters, namely, tents, sun shelters, umbrellas, and swimming pools having a canopy top; swim goggles; swim masks; sunglass cases; straps for sunglasses; sun goggles; eyeglasses; optical lenses; protective towels; UV resistant wristbands; inflatable rafts, floats, tubes, chairs, lounges, and seats for recreational use; water toys, namely, dive sticks, dive toys, dive rings, torpedo divers, floating toys, skimming toys, water footballs, water baseballs, water balls, water disks, bouncing water toys, water blasters, toy water guns, floating torpedoes, foam puzzles, toy foam building sets, paddle games, catch games, toy lacrosse game sets, toy water gliders, toy fishing games, floating toy creatures, floating toy animals; water and pool games; snorkels; combination swimming mask, snorkel and swim fin sets; swim fins; bags for carrying snorkel and dive equipment; swim caps; dry bags for carrying snorkel and dive equipment; waterproof cases for snorkel and dive equipment; earplugs for swimming and diving; nose clips for swimming and diving, chamois for use in swimming and diving; personal flotation vests” in International Class 028. The registrant’s goods and/or services are identified as “Disposable underwear, namely, baby underwear and disposable panties for women; clothing, footwear and headgear for infants, namely, shirts, blouses, pants, socks, jackets, shoes, hats, caps, tights, skirts, dresses, swimming suits, cloth or plastic bibs for babies” in International Class 025.

 

Determining likelihood of confusion is based on the description of the goods and/or services stated in the application and registration at issue, not on extrinsic evidence of actual use.  See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).  

 

In this case, the application uses broad wording to describe apparel, namely, swimwear and hats, which presumably encompasses all goods and/or services of the type described, including registrant’s more narrow clothing and headgear for infants, namely, hats and swimming suits.  See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015).  Thus, applicant’s and registrant’s goods are legally identical.  See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v.Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)). In addition, the attached Internet evidence demonstrates the relatedness of applicant’s goods to registrant’s goods.

 

Additionally, the goods and/or services of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers.”  In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)).  Thus, applicant’s and registrant’s goods and/or services are related.

 

The marks are similar in sound, appearance, meaning and overall commercial impression and the goods and/or services are closely related. It is likely that consumers will mistakenly believe the goods and/or services emanate from the same source. The overriding concern is not only to prevent buyer confusion as to the source of the goods and/or services, but to protect the registrant from adverse commercial impact due to use of a similar mark by a newcomer.  See In re Shell Oil Co., 992 F.2d 1204, 1208, 26 USPQ2d 1687, 1690 (Fed. Cir. 1993).  Therefore, any doubt regarding a likelihood of confusion determination is resolved in favor of the registrant.  TMEP §1207.01(d)(i); see Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1265, 62 USPQ2d 1001, 1003 (Fed. Cir. 2002); In re Hyper Shoppes (Ohio), Inc., 837 F.2d 463, 464-65, 6 USPQ2d 1025, 1026 (Fed. Cir. 1988).

 

Accordingly, registration is refused pursuant to Section 2(d) of the Trademark Act.

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

 

If applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.

 

CLASSIFICATION AND IDENTIFICATION OF GOODS

 

The identification of goods is indefinite and must be clarified because it could include goods in other international classes.  See TMEP §1402.01.  In addition, it appears that some of the goods are misclassified. Notations concerning unacceptable wording are specified in the suggestion below.

 

For example, applicant must amend the identification to specify the common commercial or generic name of the goods. See TMEP §1402.01.  If the goods have no common commercial or generic name, applicant must describe the product, its main purpose and its intended uses. See id.

 

The USPTO has the discretion to determine the degree of particularity needed to clearly identify goods and/or services covered by a mark.  In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d 1593, 1597 (TTAB 2014) (citing In re Omega SA, 494 F.3d 1362, 1365, 83 USPQ2d 1541, 1543-44 (Fed. Cir. 2007)).  Accordingly, the USPTO requires the description of goods and/or services in a U.S. application to be specific, definite, clear, accurate, and concise.  TMEP §1402.01; see In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d at 1597-98; Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ 321, 322 (Comm’r Pats. 1954). 

 

Applicant should note that any wording in bold, in italics, underlined and/or in ALL CAPS below offers guidance and/or shows the changes being proposed for the identification of goods and/or services. If there is wording in the applicant’s version of the identification of goods and/or services which should be removed, it will be shown with a line through it such as this: strikethrough. When making its amendments, applicant should enter them in standard font, not in bold, in italics, underlined and/or in ALL CAPS.

 

Applicant may adopt the following wording, if accurate:  

 

International Class 005: BABIES’ SWIM diapers; protective wear, namely, BABIES’ SWIM diapers

 

International Class 009: Flotation devices to aid in teaching swimming, namely, training FLOTATION vests; personal floatation devices, namely, life jackets and vests; swim gear, namely, swim goggles, swim masks, and nose clips; swim goggles; swim masks; sunglass cases; straps for sunglasses; sun goggles BEING PROTECTIVE EYEWEAR; eyeglasses; optical lenses; snorkels; combination swimming mask, snorkel and swim fin sets; earplugs FOR DIVERS; nose clips for swimming and diving; personal flotation vests; protective wear, namely, face-PROTECTION shields; bags SPECIALLY ADAPTED for carrying snorkel and dive equipment IN THE NATURE OF _______{specify, e.g., snorkels, scuba diving masks, diving suits}; waterproof cases SPECIALLY ADAPTED for snorkel and dive equipment IN THE NATURE OF _______{specify, e.g., snorkels, scuba diving masks, diving suits}

 

International Class 010: swim gear, namely, ear plugs; earplugs for swimming

 

International Class 018: backpacks and ______{specify type of bags, e.g., sports, beach, all-purpose carrying} bags; protective shelters, namely, BEACH umbrellas; dry bags for carrying snorkel and dive equipment

 

International Class 021: WIPING CLOTHS IN THE NATURE OF chamois for use in swimming and diving

 

International Class 022: protective shelters, namely, tents AND sun shelters, NAMELY, _______{specify common commercial name, e.g., sun tents}

 

International Class 024: accessory apparel, namely, towels; protective towels

 

International Class 025: apparel, namely, swimwear, hats, AND rash guards; accessory apparel, namely, hoodies and cover-ups; SUN protective wear, namely, board shorts, UNDERarm CLOTHING shields, hats, ______{specify type, e.g., swimming} caps, gloves; UV resistant wristbands AS CLOTHING; swim caps

 

International Class 028: Flotation devices to aid in teaching swimming, namely, training vests, kickboards, body boards, arm floats, floating baby pool seats BEING SWIMMING AIDS, BABY TOY BOATS babyboats; personal floatation devices, namely, life jackets and vests, INFLATABLE inner tubes with attached SWIMSUITS FOR AQUATIC RECREATIONAL USE swinsuits, swim trainers BEING SWIMMING RINGS, and foam back SWIMMING floats; inflatable toys for recreational use in water, namely, baby play mats, play swimming pools having a canopy top, splash pools, pools, water blobs, and mats; apparel, namely, swimwear, hats, rashguards, diapers, backpacks, and bags; water activity toys and games for swim training, namely, _______{specify type, e.g., play} balls, splash _______{specify type, e.g., play} balls, dive sticks BEING WATER TOYS, dive rings BEING WATER TOYS, TOY sprinklers, and plush toys; accessory apparel, namely, towels, hoodies, and cover-ups; swim gear, namely, swim goggles, swim masks, ear plugs and nose clips; protective wear, namely, board shorts, ATHLETIC body STRIKING shields, arm and leg shields BEING LEG GUARDS FOR ATHLETIC USE, face shields, hats, caps, gloves, and diapers; protective shelters, namely, tents, sun shelters, umbrellas, and PLAY swimming pools having a canopy top; swim goggles; swim masks; sunglass cases; straps for sunglasses; sun goggles; eyeglasses; optical lenses; protective towels; UV resistant wristbands; inflatable POOL TOYS AND SWIMMING AIDS, NAMELY, rafts, floats, tubes, chairs, LOUNGE CHAIRS lounges, and seats for recreational use; water toys, namely, dive sticks, dive toys, dive rings, torpedo divers, floating toys, skimming toys, water footballs, water baseballs, water balls, water disks, bouncing water toys, water blasters, toy water guns, floating torpedoes, foam puzzles, toy foam building sets, paddle games, catch games, toy lacrosse game sets, toy water gliders, toy fishing games, floating toy creatures, floating toy animals; water and pool games, NAMELY, ________{specify type, e.g., racing lanes for swimming pools}; snorkels; combination swimming mask, snorkel and swim fin sets; swim fins; bags SPECIALLY ADAPTED for carrying snorkel and dive equipment IN THE NATURE OF _______{specify, e.g., flippers for scuba diving}; swim caps; dry bags for carrying snorkel and dive equipment; waterproof cases SPECIALLY ADAPTED for snorkel and dive equipment IN THE NATURE OF _______{specify, e.g., flippers for scuba diving}; earplugs for swimming and diving; nose clips for swimming and diving, chamois for use in swimming and diving; personal flotation vests

 

Additions Not Allowed: Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

On-line Acceptable Identification of Goods and Services Manual Information: For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual.  See TMEP §1402.04.

 

MULTIPLE-CLASS APPLICATION REQUIREMENTS

 

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(1)       List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)       Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule).  The application identifies goods and/or services that are classified in at least nine classes; however, applicant submitted a fee(s) sufficient for only one class.  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

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.  

 

RESPONSE GUIDELINES

 

Response guidelines.  For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action.  For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above.  For a requirement, applicant should set forth the changes or statements.  Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

/Alison F. Pollack/

Alison F. Pollack

Trademark Examining Attorney

Law Office 106

571-272-4592

alison.pollack@uspto.gov

 

TO RESPOND TO THIS LETTER:  Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

 

All informal e-mail communications relevant to this application will be placed in the official application record.

 

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the response. 

 

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 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 12/20/2018 FOR U.S. APPLICATION SERIAL NO. 88109616

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,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)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 12/20/2018 (or sooner if specified in the Office action).  A response transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the response period.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  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

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

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.