Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

IMPORTANT NOTICE:  APPLICATION IS ABANDONED

Applicant’s Response Is Incomplete

Issue date:  October 16, 2019

The application is abandoned because applicant’s response to the final Office action dated April 1, 2019 is not complete for the reasons stated below.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a); TMEP §§718.02, 718.03. 

In this case, applicant did not (1) raise a new issue, (2) resolve all outstanding issues in the final Office action, (3) provide any new or compelling evidence with regard to the outstanding issues, and (4) present analysis and arguments that were persuasive or shed new light on the outstanding issue(s).  Additionally, applicant did not timely file a notice of appeal and no time remains in the response period. 

Specifically, applicant’s request for reconsideration did not make any arguments or refer to the Section 2(d) Refusal for likelihood of confusion against the cited registrations in Reg. Nos. 2358043 and 5519331. Further, applicant amended its identification of goods from “shirts, hats, shoes, backpacks” in International Class 25 to “education services, namely, providing mentoring, tutoring, classes, seminars and workshops in the field of self awareness” in International Class 41. This is beyond the scope of the original identification of goods and is thus unacceptable. Finally, applicant did not amend or respond to the mark description requirement.

Due to applicant’s failure to respond to any of the issues in the final Office action from April 1, 2019, the request for reconsideration is denied.

Applicant may file a Petition to the Director Under Trademark Rule 2.146 within two months of the issue date of this notice to request that the abandonment determination be reversed and the application be returned to active status.  TMEP §§715.03(a)(ii)(D), 718.03(b), 1705.04, 1713.01-.02.  However, the Director will grant the petition in rare cases if (1) the USPTO committed a clear procedural error or abuse of discretion, or (2) applicant can show substantial compliance with the response requirements.  TMEP §§715.03(a)(ii)(D), 718.03(b), 1713.01-02.  

/Harini Ganesh/

Harini Ganesh

Trademark Examining Attorney

Law Office 122

571-272-5128

harini.ganesh@uspto.gov

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on October 16, 2019 for

U.S. Trademark Application Serial No. 88111212

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

(1)  Read the official letter.  No response is necessary.

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

/Harini Ganesh/

Harini Ganesh

Trademark Examining Attorney

Law Office 122

571-272-5128

harini.ganesh@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).

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.”