Reconsideration Letter

United States Patent and Trademark Office (USPTO)

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

 

 

 

REQUEST FOR RECONSIDERATION

AFTER FINAL ACTION

DENIED

 

 

Issue date:  December 11, 2020

 

 

Notice of Incomplete Response to a Final Office Action – Additional Time Granted to Resolve Issues

 

Deadline for responding to this notice.  To avoid abandonment of this application, the USPTO must receive one or both of the following submissions within the stated timeframe: 

 

(1)       File a complete response to the outstanding issues listed below that the USPTO receives within (1) thirty days of the issue date above, or (2) the time remaining in the six-month period for responding to the previous Office action, whichever is longer; and/or

 

(2)       File a notice of appeal that the Trademark Trial and Appeal Board receives within six months from the issue date of the previous final Office action.  This notice of incomplete response does not extend the time for filing an appeal. 

 

See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)(2); TMEP §§715.03(a)(ii)(C), 718.03(b). 

 

Applicant granted additional time to resolve outstanding issues.  On 11/12/2020, applicant filed a timely request for reconsideration that did not resolve all the issues in the 11/20/2019 Office action.  Because applicant made a bona fide attempt to advance the examination of the application in the response in compliance with 37 C.F.R. §2.65(a)(2), applicant is being granted additional time to address the following refusals and/or requirements in the previous Office action: 

Mark Differs on Drawing and Specimen: Not Material

 

Registration is refused because the specimen does not show the mark in the drawing in use in commerce in International Class 020, which is required in the statement of use.  Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a), 1301.04(g)(i).  The mark appearing on the specimen and in the drawing must match; that is, the mark in the drawing “must be a substantially exact representation of the mark” on the specimen.  See 37 C.F.R. §2.51(b); TMEP §807.12(a). 

 

In this case, the specimen displays the mark as an abstract, yet symmetrical, design presented to the left of the letters "ALF".  However, the drawing displays the mark as an abstract, yet symmetrical, design presented above the letters "ALF"..  The mark on the specimen does not match the mark in the drawing because the design and literal element are in a different spacial orientation.  Applicant has thus failed to provide the required evidence of use of the mark in commerce.  See TMEP §807.12(a).

 

Applicant may respond to this refusal by satisfying one of the following:

 

(1)       Submit a new drawing of the mark that shows the mark on the specimen and, if appropriate, an amendment of the description and/or color claim that agrees with the new drawing.  See 37 C.F.R. §2.72(b).  The following amended description is suggested, if accurate:  “The mark consists of an abstract, yet symmetrical, design presented to the left of the letters "ALF".”  Applicant may amend the mark in the drawing to match the mark on the specimen but may not make any other changes or amendments that would materially alter the drawing of the mark.  See 37 C.F.R. §2.72(b); TMEP §807.14.

 

(2)       Submit a different specimen (a verified “substitute” specimen) for each applicable international class that (a) shows the mark in the drawing in actual use in commerce for the goods and/or services in the statement of use, and (b) was in actual use in commerce prior to the expiration of the deadline for filing the statement of use. 

 

Examples of specimens for goods include tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, and displays associated with the actual goods at their point of sale.  See TMEP §§904.03 et seq.  Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods.  TMEP §904.03(i).  Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and webpages that show the mark used in the actual sale, rendering, or advertising of the services.  See TMEP §1301.04(a), (h)(iv)(C).

 

These refusal(s) and/or requirement(s) are maintained and continued.  See TMEP §713.02. 

 

 

Applicant may view this notice and the previously issued final Office action in the Trademark Status and Document Retrieval (TSDR) system.

 

Anthony Rinker

/Anthony Rinker/

Trademark Examining Attorney

Law Office 102

Ph. 571-272-5491

anthony.rinker@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on December 11, 2020 for

U.S. Trademark Application Serial No. 88143191

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

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

 

 

Anthony Rinker

/Anthony Rinker/

Trademark Examining Attorney

Law Office 102

Ph. 571-272-5491

anthony.rinker@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).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from December 11, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

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.”