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:  March 09, 2020

The application is abandoned because applicant’s response to the final Office action dated August 17, 2019, is not complete for the reason(s) 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 issue(s) in the final Office action, (3) provide any new or compelling evidence with regard to the outstanding issue(s), or (4) present analysis and arguments that were persuasive or shed new light on the outstanding issue(s).  

Submission of new arguments in response to the same refusal or requirement does not raise a new issue that requires the examining attorney to issue a subsequent final or nonfinal action.  Generally, if the same refusal or requirement was made before, the examining attorney does not have to issue a subsequent final or nonfinal action. See TMEP §715.03(b). In the instant case, the applicant has amended the drawing from standard character to the mark with the same wording with slight stylization. This amendment was not accompanied by any new arguments against the Section 2(d) refusals, or the Section 2(e)(1) refusal, nor is this amendment new evidence that would obviate either of those refusals.

Additionally, applicant did not timely file a notice of appeal and no time remains in the response period. 

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.  

/Taylor Duenas/

Taylor Duenas

Examining Attorney

Law Office 126

571-270-3964

Taylor.Duenas@uspto.gov

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on March 09, 2020 for

U.S. Trademark Application Serial No. 88131573

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. 

/Taylor Duenas/

Taylor Duenas

Examining Attorney

Law Office 126

571-270-3964

Taylor.Duenas@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.”