UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

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: 1/24/2019

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issues below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

SUMMARY OF ISSUES:

• Section 2(d) – Likelihood of Confusion
• Section 2(e)(1) – Merely Descriptive
• Identification and Classification of Goods and Services
• Multi-Class Application Requirements

 

 

Registration Refused – Section 2(d) Likelihood of Confusion

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 2309323, 3536145, 3989747, 3700519, and 4199192.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registrations (“Exhibit A”).

 

The applied-for mark is “SOLUTION” in standard characters for “Downloadable computer software applications for providing assessment and consultation based on user generated contents in the field of health and lifestyle; Downloadable computer software to enable uploading, capturing, posting, showing, editing, viewing, displaying, tagging, blogging, sharing, manipulating, distributing, publishing, reproducing, and otherwise providing electronic media, multimedia content, pictures, images, text, photos, user-generated content, and information via mobile devices, the Internet, and other communications networks; Providing downloadable software for lifestyle, health, microbiome, DNA, genetic information assessment and consultation in the field of health and lifestyle; Downloadable computer software to enable users to upload, store, manage, share, retrieve, aggregate, and analyze data in the field of healthcare and lifestyle; Downloadable computer software for use in the field of healthcare and lifestyle to assist users in assessing, personalizing and selecting healthcare and lifestyle products; Downloadable computer software to assess user generated contents in the field of health and lifestyle for providing assistance in selecting dietary supplements and personalizing dietary supplement formulas” in International Class 9, “Non-downloadable software that allows users to interact with a website to provide users with access to a platform that assists users in the selection and personalization of dietary supplements and dietary supplement formulas, and contains information and how-to videos of techniques, digital tutorials and tips in the field of healthcare and lifestyle, and to purchase dietary supplements; Platform as a service (PAAS) featuring computer software platforms for users to upload, capture, post, show, edit, view, display, tag, blog, share, manipulate, distribute, publish, reproduce, and otherwise provide electronic media, multimedia content, pictures, images, text, photos, user-generated content, and information via mobile devices, the Internet, and other communications networks; Providing online non-downloadable software for lifestyle, health, microbiome, DNA, genetic information assessment and consultation in the field of health and lifestyle; Software as a service (SAAS) services, namely, hosting software to enable users to upload, store, manage, share, retrieve, aggregate, and analyze data in the field of healthcare and lifestyle; Software as a service (SAAS) services, namely, hosting software for users to upload, store, manage, share, retrieve, aggregate, and analyze data in the field of healthcare and lifestyle; Software as a service (SAAS) services, namely, hosting software for use in the field of healthcare and lifestyle to assist users in assessing, personalizing, and selecting healthcare and lifestyle products” in International Class 42, and “Web-based health assessment services, namely, a series of health-related questions for response from the user that result in a report that provides health-related information in the form of recommended educational resources; Consultation services in the field of health, wellness, nutrition and lifestyle; Wellness analysis to determine dietary supplements and formulas of dietary supplements that are best suited to particular individuals; Preparation of personalized dietary supplements for others; Providing a website featuring information on health and nutrition, wellness and cosmetics” in International Class 44.

 

The registered marks in U.S. Registration Nos. 2309323 and 3989747 and “SOLUTIONS” in typed and standard characters for “Healthcare information services, namely, providing information in the area of wound and skin care management; and distribution informational materials in connection therewith, namely videos, clinical papers, case studies, patient support materials, foot care patient guides and multilingual patient guides” in International Class 42 and “Medical information” in International Class 44.

 

The registered mark in U.S. Registration No. 3536145 is “SOLUTION” in standard characters for “Providing on-line computer databases in the fields of medicine and healthcare featuring medical and healthcare information, namely, patient-centric medical history records and files” in International Class 44. The applicant should note the registered mark is in its grace period for filing the §8 or §71 affidavit or §9 renewal application.

 

The registered mark in U.S. Registration No. 3700519 is “SOLUTIONS” in standard characters for “Geriatric health care management services; Health care; Healthcare; Home health care services; Home nursing aid services; Nursing care” in International Class 44.

 

The registered mark in U.S. Registration No. 4199192 is “THE SOLUTION” in standard characters for “DVDs featuring information in the fields of health, fitness, motivation, exercise, wellness, nutrition and healthy lifestyles” in International Class 9, “Books in the field of health, fitness, motivation, exercise, wellness, nutrition and healthy lifestyles; Manuals in the field of health, fitness, motivation, exercise, wellness, nutrition and healthy lifestyles; Posters” in International Class 16, and “Manually-operated exercise equipment” in International Class 28. The applicant should note the registered mark is in its grace period for filing the §8 or §71 affidavit or §9 renewal application.

 

In this case, the following factors are the most relevant: similarity of the marks, similarity and nature of the goods and services, and similarity of the trade channels of the goods and services.  See In re Viterra Inc., 671 F.3d 1358, 1361-62, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); TMEP §§1207.01 et seq.

 

Comparison of Marks

Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.  Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014); TMEP §1207.01(b)-(b)(v).  “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.”  In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018); TMEP §1207.01(b).

 

U.S. Registration No. 3536145

In this instance, the applicant’s mark is “SOLUTION” in standard characters and the registrant’s mark is “SOLUTION” in standard characters.  These marks are identical in appearance, sound, and meaning, “and have the potential to be used . . . in exactly the same manner.”  In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411 (TTAB 2015), aff’d, 866 F.3d 1315, 123 USPQ2d 1744 (Fed. Cir. 2017).  Additionally, because they are identical, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrant’s respective goods and services.  Id.

 

Therefore, the marks are confusingly similar. 

 

U.S. Registration Nos. 2309323, 3989747, and 3700519

In this instance, the applied-for mark “SOLUTION” is the singular form of the registered marks “SOLUTIONS”. An applied-for mark that is the singular form of a registered mark is essentially identical in sound, appearance, meaning, and commercial impression, and thus the marks are confusingly similar.  Swiss Grill Ltd., v. Wolf Steel Ltd., 115 USPQ2d 2001, 2011 n.17 (TTAB 2015) (holding “it is obvious that the virtually identical marks [the singular and plural of SWISS GRILL] are confusingly similar”).

 

Thus, the applied-for mark and the registered marks are sufficiently similar to find a likelihood of confusion.

 

U.S. Registration No. 4199192

In this instance, the applied-for mark “SOLUTION” and the registered mark “THE SOLUTION” are virtually identical. The only difference between the marks is the registered mark includes the term “THE”. When comparing similar marks, the Trademark Trial and Appeal Board has found that inclusion of the term “THE” at the beginning of one of the marks will generally not affect or otherwise diminish the overall similarity between the marks.  See In re Thor Tech Inc., 90 USPQ2d 1634, 1635 (TTAB 2009) (finding WAVE and THE WAVE “virtually identical” marks; “[t]he addition of the word ‘The’ at the beginning of the registered mark does not have any trademark significance.”).

 

Based on the foregoing, the applied-for mark and registered mark are sufficiently similar to find a likelihood of confusion.

 

Comparison of Goods and Services

The compared goods and services need not be identical or even competitive to find a likelihood of confusion.  See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); TMEP §1207.01(a)(i).  Instead, the respective goods and services need only be “related in some manner and/or if the circumstances surrounding their marketing are such that they could give rise to the mistaken belief that [the goods and services] emanate from the same source.”  7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007); TMEP §1207.01(a)(i).

 

The determination of likelihood of confusion is based on the description of the goods and services in the application and registration at issue, not on extrinsic evidence of actual use.  See Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1323, 110 USPQ2d 1157, 1162 (Fed. Cir. 2014).  Broad and unrestricted identifications are presumed to encompass all goods and services of the type described. See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018).

 

Here, the applicant and registrants use broad wording to describe their respective goods and services. For example, the applicant is providing information on health, nutrition, and wellness, which would overlap with the services in U.S. Registration Nos. 2309323 and 3989747 for providing medical information and healthcare information. Further, this would be similar to the goods provided by the registrant in U.S. Registration No. 4199192 as the information featured by the recorded media and printed matter would be on the same topics, health and wellness.

 

Similarly, the registrant in U.S. Registration No. 3700519 identifies its services as “healthcare”, which would encompass the applicant’s services web-based health assessments, wellness analyses, and health consulting. In addition, the goods and services of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers.”  In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012).

 

In addition, the attached Internet evidence from providers of healthcare services and healthcare solutions establishes that providers of healthcare services commonly use healthcare solutions, such as software for sharing information and health and wellbeing as well as providing assessments of medical conditions, under the same mark and these services and software solutions are promoted through the same trade channels.  For example, John Hopkins® is a healthcare service provider that provides a website under its mark that features healthcare and medical information and technology that allows patients and doctors to communicate, share information, and discuss health conditions.

 

Therefore, the goods and services of the applicant and registrants are considered related for likelihood of confusion purposes.  See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009).

 

Conclusion

Because the applicant’s applied-for mark and the registered marks are similar and the goods and services are related, registration is refused for a likelihood of confusion under Section 2(d).

 

Applicant should note the following additional ground for refusal.

 

 

Registration Refused – Section 2(e)(1) Merely Descriptive

 

Registration is refused because the applied-for mark merely describes a feature of the applicant’s goods and services.  Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.

 

The applied mark is “SOLUTION” in standard characters for, inter alia, “Downloadable computer software to assess user generated contents in the field of health and lifestyle for providing assistance in selecting dietary supplements and personalizing dietary supplement formulas” in International Class 9, “Non-downloadable software that allows users to interact with a website to provide users with access to a platform that assists users in the selection and personalization of dietary supplements and dietary supplement formulas, and contains information and how-to videos of techniques, digital tutorials and tips in the field of healthcare and lifestyle, and to purchase dietary supplements” in International Class 42, and “Wellness analysis to determine dietary supplements and formulas of dietary supplements that are best suited to particular individuals; Preparation of personalized dietary supplements for others” in International Class 45.

 

A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant’s goods and services.  TMEP §1209.01(b); see, e.g., In re TriVita, Inc., 783 F.3d 872, 874, 114 USPQ2d 1574, 1575 (Fed. Cir. 2015). 

 

The determination of whether a mark is merely descriptive is made in relation to an applicant’s goods and services, not in the abstract.  DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1254, 103 USPQ2d 1753, 1757 (Fed. Cir. 2012); TMEP §1209.01(b); see, e.g., In re Polo Int’l Inc., 51 USPQ2d 1061, 1062-63 (TTAB 1999) (finding DOC in DOC-CONTROL would refer to the “documents” managed by applicant’s software rather than the term “doctor” shown in a dictionary definition). 

 

“Whether consumers could guess what the product [or service] is from consideration of the mark alone is not the test.”  In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985).

 

In the present case, the applicant’s mark is merely descriptive of its goods and services. The Oxford University Press® defines “SOLUTION” as “a liquid mixture” and “products or services designed to meet a particular need” (“Exhibit C”). In this instance, this term describes a feature of the applicant’s goods and services, namely, the applicant is providing software designed to meet a particular need, which is the formulation of a liquid mixture for dietary supplements. The descriptive nature of this term is further demonstrated by the attached evidence from manufacturers of supplements and providers of software, which use the term “SOLUTION” to describe both the liquid formulation used to create a supplement and the nature of the software program (“Exhibit D”).

 

Therefore, the applied-for mark is merely descriptive of the applicant’s goods and services and registration is refused under Section 2(e)(1).

 

Advisory: Applied-For Mark Appears Generic

In addition to being merely descriptive, the applied-for mark appears to be generic in connection with the identified goods and services and, therefore, incapable of functioning as a source-identifier for applicant’s goods.  In re Gould Paper Corp., 834 F.2d 1017, 5 USPQ2d 1110 (Fed. Cir. 1987); see TMEP §§1209.01(c) et seq., 1209.02(a).  Under these circumstances, even if the applicant filed an amendment to allege use, neither an amendment to proceed under Trademark Act Section 2(f) nor an amendment to the Supplemental Register can be recommended.  See TMEP §1209.01(c).

 

Although applicant’s mark has been refused registration, applicant may respond to the refusals by submitting evidence and arguments in support of registration.  However, if applicant responds to the refusals, applicant must also respond to the requirements set forth below.

 

 

Identification and Classification of Goods and Services

The wording “Consultation services in the field of health, wellness, nutrition and lifestyle” in the identification of services for International Class 44 must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass providing consultation services in the fields of health, wellness, and nutrition in International Class 44 as well as personal lifestyle in International Class 45. Thus, the applicant must revise this entry to clarify the nature of the services and classify the services in the proper international class.

 

Additionally, the wording “Wellness analysis to determine dietary supplements and formulas of dietary supplements that are best suited to particular individuals” in International Class 44 is indefinite because the applicant does not specify the nature of its wellness analysis service. For example, it is unclear whether the analysis is a medical testing for treatment purposes or a health counseling service. Therefore, the applicant must amend this entry to clarify the nature of the service.

 

Furthermore, the wording “Preparation of personalized dietary supplements for others” in the identification of services for International Class 44 must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, it is unclear whether preparation refers to the custom manufacture of dietary supplements in International Class 40 or health care service in the nature of preparing dietary supplements for others for treatment purposes in International Class 44.

 

Lastly, the entry for “Providing a website featuring information on health and nutrition, wellness and cosmetics” in International Class 44 is acceptable because it is also too broad and could encompass services in multiple international classes. For example, this wording could encompass providing consumer production information on cosmetics in International Class 35 and providing information on health, nutrition, wellness, and cosmetic skin care services in International Class 44. Thus, the applicant must revise this entry to clarify the nature of the service being rendered and classify the service accordingly.

 

Applicant may adopt the following identification of goods and services, if accurate. The examining attorney has bolded and underlined additions to the applicant’s original identification of goods and services.

 

Class 009:       Downloadable computer software applications for providing assessment and consultation based on user generated contents in the field of health and lifestyle; Downloadable computer software to enable uploading, capturing, posting, showing, editing, viewing, displaying, tagging, blogging, sharing, manipulating, distributing, publishing, reproducing, and otherwise providing electronic media, multimedia content, pictures, images, text, photos, user-generated content, and information via mobile devices, the Internet, and other communications networks; Providing downloadable software for lifestyle, health, microbiome, DNA, genetic information assessment and consultation in the field of health and lifestyle; Downloadable computer software to enable users to upload, store, manage, share, retrieve, aggregate, and analyze data in the field of healthcare and lifestyle; Downloadable computer software for use in the field of healthcare and lifestyle to assist users in assessing, personalizing and selecting healthcare and lifestyle products; Downloadable computer software to assess user generated contents in the field of health and lifestyle for providing assistance in selecting dietary supplements and personalizing dietary supplement formulas

 

Class 035:       Providing a website featuring consumer product information on cosmetics

 

Class 040:       Preparation of personalized dietary supplements for others, namely, custom manufacture of dietary supplements

 

Class 042:       Providing temporary use of online, non-downloadable software that allows users to interact with a website to provide users with access to a platform that assists users in the selection and personalization of dietary supplements and dietary supplement formulas, and contains information and how-to videos of techniques, digital tutorials and tips in the field of healthcare and lifestyle, and to purchase dietary supplements; Platform as a service (PAAS) featuring computer software platforms for users to upload, capture, post, show, edit, view, display, tag, blog, share, manipulate, distribute, publish, reproduce, and otherwise provide electronic media, multimedia content, pictures, images, text, photos, user-generated content, and information via mobile devices, the Internet, and other communications networks; Providing online non-downloadable software for lifestyle, health, microbiome, DNA, genetic information assessment and consultation in the field of health and lifestyle; Software as a service (SAAS) services, namely, hosting software to enable users to upload, store, manage, share, retrieve, aggregate, and analyze data in the field of healthcare and lifestyle; Software as a service (SAAS) services, namely, hosting software for users to upload, store, manage, share, retrieve, aggregate, and analyze data in the field of healthcare and lifestyle; Software as a service (SAAS) services, namely, hosting software for use in the field of healthcare and lifestyle to assist users in assessing, personalizing, and selecting healthcare and lifestyle products

 

Class 044:       Web-based health assessment services, namely, a series of health-related questions for response from the user that result in a report that provides health-related information in the form of recommended educational resources; Consultation services in the field of health, wellness, and nutrition; Wellness analysis to determine dietary supplements and formulas of dietary supplements that are best suited to particular individuals, namely, medical testing for treatment purposes; Health care services, namely, preparation of personalized dietary supplements for others for treatment purposes; Providing a website featuring information on health and nutrition, wellness and cosmetic skin care services

 

Class 045:       Personal lifestyle consultation services

 

If applicant adopts the suggested amendment of the identification of goods and services, then applicant must amend the classification to International Classes 9, 35, 40, 42, 44, and 45.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401.

 

Applicant may amend the identification to clarify or limit the goods and services, but not to broaden or expand the goods and services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and services may not later be reinserted.  See TMEP §1402.07(e).

 

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual.  See TMEP §1402.04.

 

 

Multi-Class Application Requirements

The application identifies goods and services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(1)       List the goods and services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)       Submit a filing fee for each international class not covered by the fees already paid (view the USPTO’s current fee schedule).  The application identifies goods and services that are classified in at least six (6) classes; however, applicant submitted fees sufficient for only three (3) classes.  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class.  See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a).  See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.

 

 

Response Guidelines

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusals and requirements in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

If the applicant has any questions or requires assistance in responding to this Office action, please telephone the assigned examining attorney.

 

/Thomas Young/

Examining Attorney

Law Office 120

thomas.young@uspto.gov

(571) 272-5152

 

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.  

 

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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 1/24/2019 FOR U.S. APPLICATION SERIAL NO. 88155327

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 1/24/2019 (or sooner if specified in the Office action).  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.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.