Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

 

Issue date:  November 09, 2019

 

 

Notice of Incomplete Response – Response Not Signed by a Proper Party

 

Deadline for responding to this notice.  To avoid abandonment of the application, the USPTO must receive a properly signed response within either (1) thirty days from the issue date above, or (2) the time remaining in the six-month period for responding to the previous Office action, whichever is longer.  TMEP §712.03; see 37 C.F.R. §2.65(a)(2). 

 

Response is not signed by a proper party and cannot be accepted.  Applicant filed a response on July 31, 2019 that was signed by Mary E. Porter, who does not appear to be an authorized attorney and thus does not have authority to sign on behalf of applicant.  See 37 C.F.R. §§2.17(a), 2.62(b).  The USPTO cannot accept a response signed by an improper party; therefore, the contents will not be reviewed.  See 37 C.F.R. §2.62(b); TMEP §718.03. 

 

In this case, the signer identifies herself as “attorney-in-fact,” which is a title that identifies an individual that is presumed to be unauthorized to represent an applicant.  TMEP §611.04.

 

Response options for this notice.  Applicant must submit one of the following:

 

(1)        The entire response form, signed by a proper party;

 

(2)        A written statement that (a) the signer is a U.S.-licensed attorney authorized to practice under 37 C.F.R. §11.14(a), and (b) is in good standing with a bar of the highest court of a U.S. state or territory; (c) specifies the jurisdiction in which the attorney is admitted, the date of admission, and the bar license number, if one is issued; and (d) provides the attorney’s postal and email addresses; or

 

(3)        A written statement that the signer is a Canadian trademark attorney or agent reciprocally recognized by the USPTO’s Office of Enrollment and Discipline (OED) under 37 C.F.R. §11.14(c)(1).

 

See 37 C.F.R. §§2.17(a), (b)(3), (e), 2.62(b). 

 

Click to respond to a previous nonfinal Office action.  See below for information about who can sign a response. 

 

Who can sign the response.

 

Applicant does not have an attorney.  The response must be signed by (1) the individual applicant, (2) someone with legal authority to bind a juristic applicant (e.g., a corporate officer of a corporation, or a general partner of a partnership), or (3) all joint applicants.  See 37 C.F.R. §2.193(e)(2)(ii); TMEP §§611.06(a)-(h), 712.01. 

 

Applicant has an attorney.  The attorney must sign the response.  37 C.F.R. §2.193(e)(2)(i); TMEP §712.01.  The only attorneys who may sign responses are (1) attorneys in good standing with a bar of the highest court of any U.S. state or territory, and (2) Canadian trademark attorneys or agents reciprocally recognized by the USPTO’s Office of Enrollment and Discipline (OED).  See 37 C.F.R. §§2.17(a), 11.14(a), (c), (e); TMEP §602.

 

The USPTO must receive a properly signed response before the deadline or the USPTO will consider the application abandoned.  37 C.F.R. §2.65(a); TMEP §718.03.  In such case, applicant may file a new application with a new fee.  A petition to the Director to reverse the holding of abandonment may be granted in very limited circumstances as outlined in TMEP §1713.01.

 

 

 

/Sara Benjamin/

Staff Attorney

Law Office 100

sara.benjamin@uspto.gov

571.272.8847

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on November 09, 2019 for

U.S. Trademark Application Serial No. 88127660

 

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. 

 

/Sara Benjamin/

Staff Attorney

Law Office 100

sara.benjamin@uspto.gov

571.272.8847

 

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.”