To: | Fitness ID LLC (FitnessIDatl@gmail.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88124062 - FV - N/A |
Sent: | 6/28/2019 11:24:08 PM |
Sent As: | ECOM114@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88124062
MARK: FV
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Fitness ID LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 6/28/2019
On May 1, 2019, the examining attorney approved the applied-for mark for publication. It was withdrawn from publication on June 4, 2019 because mark description doesn’t agree with the mark as it appears in the drawing, as explained below. The examining attorney apologizes for any inconvenience.
Clarification of the Literal Element of the Mark
The literal element of the mark is FV. However, the mark description does not accurately describe the literal element, as it references the letters F, T and I. Please clarify whether the mark consists of the letters FV (if so, the mark description must be amended) or the letters FTI .
The mark description on the application is: “The mark consists of V shaped mark with two lines making the letter F from the left to the right of mark. Tip on the right tip of the V.”
On January 8, 2019, the examining attorney issued an Office action requiring a substitute specimen and a more detailed mark description. The suggested mark description was “
On April 6, 2019, applicant filed an acceptable specimen and amended the mark description to “The mark consists of a v shaped figure with two lines coming out the top making the letter 'F'. The bottom of the v shape is not touching to show a ' T '. The shaded area apart from the right top of the v shape is making the point of the lower case letter 'I'.”
If applicant wants to use the new mark description, the literal element of the mark must be changed to FIT for consistency with the mark description. If this is the case, the examining attorney will have to conduct a new search of the Office’s database of registered and pending marks to determine whether there are any conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
If applicant wants to retain “FV” as the literal element of the mark, applicant must amend the mark description to describe “FV” as follows: “The mark consists of a “V-” shaped figure with two horizontal lines extending from the left diagonal line of the “V” facing right to form the letter “F.” The right diagonal line of the “V” is topped by a small quadrilateral form. The examining attorney can issue an Examiner’s Amendment to amend the mark description and approve the mark for publication. Applicant is encouraged to email the assigned trademark examining attorney below to resolve the issues in this Office action. Although the USPTO will not accept an email as a response to an Office action, an applicant can communicate by phone or email to agree to a proposed amendment to the application that will immediately place the application in condition for publication, registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707.
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.
/Suzanne Blane/
Examining Attorney
Law Office 114
Phone: 571-272-5497
suzanne.blane@uspto.gov (preferred)
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.