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: 2/11/2019

 

The referenced application, and preliminary amendment dated 10/31/2018, have been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

Refusal – Likelihood of Confusion with Registered Marks

 

THIS PARTIAL REFUSAL APPLIES ONLY TO THE GOODS SPECIFIED THEREIN

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 0829524 and 0847919.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registrations.

 

Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be confused, mistaken, or deceived as to the commercial source of the goods and/or services of the parties.  See 15 U.S.C. §1052(d).  Likelihood of confusion is determined on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) (called the “du Pont factors”).  In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017).  Only those factors that are “relevant and of record” need be considered.  M2 Software, Inc. v. M2 Commc’ns, Inc., 450 F.3d 1378, 1382, 78 USPQ2d 1944, 1947 (Fed. Cir. 2006) (citing Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1241, 73 USPQ2d 1350, 1353 (Fed. Cir. 2004)); see In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1744 (TTAB 2018). 

 

Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis:  (1) the similarities between the compared marks and (2) the relatedness of the compared goods and/or services.  See In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); Federated Foods, Inc. v. Fort Howard Paper Co.,544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the marks.”); TMEP §1207.01.

 

The registered marks consist of the term SPACE for use on metallized plastic blankets and covers.

 

The applied-for mark ESPACIO is for use on blankets, and other goods and services not relevant to this refusal.

 

Under the doctrine of foreign equivalents, a mark in a common, modern foreign language and a mark that is its English equivalent may be held confusingly similar.  TMEP §1207.01(b)(vi); see, e.g., In re Aquamar, Inc., 115 USPQ2d 1122, 1127-28 (TTAB 2015); In re Thomas, 79 USPQ2d 1021, 1025 (TTAB 2006).  Consequently, marks comprised of foreign wording are translated into English to determine similarity in meaning and connotation with English word marks.  See Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee en 1772, 396 F.3d 1369, 1377, 73 USPQ2d 1689, 1696 (Fed. Cir. 2005).  Equivalence in meaning and connotation may be sufficient to find such marks confusingly similar.  See In re Aquamar, Inc., 115 USPQ2d at 1127-28; In re Thomas, 79 USPQ2d at 1025.

 

Applicant’s mark is in Spanish, which is a common, modern language in the United States.  See In re Aquamar, Inc., 115 USPQ2d 1122 (Spanish).

 

The doctrine is applied when “the ordinary American purchaser” would “stop and translate” the foreign term into its English equivalent.  Palm Bay, 396 F.3d at 1377, 73 USPQ2d at 1696 (quoting In re Pan Tex Hotel Corp., 190 USPQ 109, 110 (TTAB 1976)); TMEP §1207.01(b)(vi)(A).  The ordinary American purchaser includes those proficient in the foreign language.  In re Spirits Int’l, N.V., 563 F.3d 1347, 1352, 90 USPQ2d 1489, 1492 (Fed. Cir. 2009); see In re Thomas, 79 USPQ2d at 1024.

 

In this case, the ordinary American purchaser would likely stop and translate the mark because the Spanish language is a common, modern language spoken by an appreciable number of consumers in the United States.  The marks are likely to be confused because ESPACIO is the foreign equivalent of SPACE.

 

Determining likelihood of confusion is based on the description of the goods stated in the application and registration at issue, not on extrinsic evidence of actual use.  See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).  

 

In this case, the application uses broad wording to describe blankets, which presumably encompasses all goods of the type described, including registrant’s more narrow identification of metallized plastic blankets.  See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015).  Thus, applicant’s and registrant’s goods are legally identical.  See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v.Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).

 

Additionally, the goods 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) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)).  Thus, applicant’s and registrant’s goods are related.

 

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

 

Translation

 

To permit proper examination of the application, applicant must submit an English translation of all wording in the mark that appears to be foreign.  37 C.F.R. §§2.32(a)(9), 2.61(b); TMEP §809.  The following English translation is suggested:  The English translation of “ESPACIO” is “space”.  TMEP §809.03.  See attached translation evidence.

 

Identification of Goods and Services – Amendments Required

 

The identification of goods and/or services contains parentheses.  Generally, applicants should not use parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and brackets in registrations to indicate goods and/or services that have been deleted from registrations or in an affidavit of incontestability to indicate goods and/or services not claimed.  See TMEP §1402.12.  The only exception is that parenthetical information is permitted in identifications in an application if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity or scope of the identification, e.g., “fried tofu pieces (abura-age).”  Id.

 

Therefore, applicant must remove the parentheses from the identification and incorporate any parenthetical or bracketed information into the description of the goods and/or services.

 

The wording “Woven textile goods for personal use;” in the identification of goods is indefinite and must be clarified because it does not adequately specify the goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to specify the common commercial or generic name of the goods.  See TMEP §1402.01.  If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses.  See id.

 

The word “Clothing;” in the identification of goods in International Class 25 is indefinite and too broad and must be clarified because the word does not make clear the nature of the goods and could identify goods in more than one international class.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  The following are examples of acceptable identifications:  “clothing for protection against accidents, irradiation and fire” in International Class 9; “surgical gowns” in International Class 10; “pet clothing” in International Class 18; and “shirts,” “shorts,” and “pants” in International Class 25.  Therefore, applicant must amend the identification to specify the type of clothing.

 

If applicant’s clothing is in International Class 25, applicant may amend the identification to insert the word “namely,” after “clothing” and then list the specific types of clothing items in that class (e.g., shirts, pants, coats, dresses). 

 

The wording “Japanese traditional confectionery;” in the identification of goods in International Class 30 is indefinite and must be clarified because it lacks specificity.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “Providing facilities for banquets and weddings (including wedding ceremonies); planning, management or arrangement of weddings (including wedding ceremonies); guidance, advice or consultation on weddings (including wedding ceremonies) and engagement gifts; rental of clothing for wedding (including wedding ceremonies) and agencies thereof; rental of personal ornaments for weddings (including wedding ceremonies) and agencies for such contracts; providing information on weddings, wedding halls and banquet halls” in the identification of services for International Class 45 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, the references to “weddings” and “banquets” implicate services in Class 41 and 43.  In order to be in International Class 45, only the wording “wedding ceremonies” should be used.

 

Applicant may adopt the following identification of goods and services, if accurate:

 

Class 24: (based on §§ 44(e) and 1(b)) Woven textile goods for personal use, namely, towels, face towels, handkerchiefs, quilts; mosquito nets; bedsheets; futon quilts; fitted futon covers not of paper and quilts cases in the nature of covers; futon ticks, namely unstuffed futon covers not of paper; pillowcases; blankets; table napkins of textile; dish towels for drying; toilet seat covers of textile; seat covers of textile; wall hangings of textile; curtains; table cloths, not of paper; draperies, namely, thick drop curtains; (based on § 1(b) only) comforter blankets; comforter quilts and duvet quilts; comforter cases; comforters; bed linen products; bed blankets; down comforters; down comforter cases; cushion covers

 

Class 25: Clothing, namely, jackets; jogging pants; sweat pants; skirts; trousers; overcoats; mantles; cardigans; sweaters; vests and waistcoats; open-necked shirts; sport shirts; blouses; polo shirts; shirts for suits; overalls; pants; dresses; parkas; leggings; night gowns; negligees; Japanese sleeping robes also known as nemaki; pajamas; bath robes; underwear; undershirts; panties; shorts; briefs; camisoles; tee-shirts; leotards; sleep masks; aprons; collar protectors in the nature of mufflers; socks and stockings other than special sportswear; shawls; scarves; neckerchiefs; bandanas; mufflers; ear muffs; gloves; mittens; leg warmers; nightcaps; headwear; shoes not for sports; rain boots; sandal shoes; boots; women's shoes; winter boots; infant's shoes and boots; insoles for shoes and boots; half-boots; rompers; tights; unitards; bodysuits; bibs not of paper; garters; sock suspenders; suspenders; braces for clothing; waistbands; belts for clothing; suspenders; stocking suspenders; braces as suspenders; trouser straps; money belts; Japanese garment, namely, yukata; slippers

 

Class 30: Tea; oolong tea; black tea; tea of salty kelp powder, namely, kombu-cha; roasted barley tea, namely, mugi-cha; Japanese green tea; iced tea; chamomile-based beverages; flowers or leaves for use as tea substitutes; tea-based beverages; prepared coffee and coffee based beverages; prepared cocoa and cocoa based beverages; coffee-based beverages; artificial coffee; roasted coffee beans; coffee beverages with milk; chocolate-based beverages; cocoa beverages with milk; cocoa-based beverages; vegetal preparations for use as coffee substitutes; chicory for use as a coffee substitute; coffee beverages with milk; cocoa beverages with milk; chocolate beverages with milk; confectionery; bread and buns; sandwiches; steamed buns stuffed with minced meat; hamburger sandwiches; pizzas; hot dog sandwiches; meat pies; syrup coated roasted chestnuts; sugar coated beans; starch-based candies (ame); pellet-shaped rice crackers (arare); rice dumplings dressed with sweet bean jam (ankoro); roasted chestnuts (iri-guri); roasted beans (iri-mame) cakes of sugar-bounded millet or popped rice (okoshi); fried dough cookies (karintoh); soft pin-rolled cakes of pounded rice (gyuhi); crystal sugar pieces; candied fruits or vegetables (satoh-zuke); sweet soup of adzuki-bean flour (shiruko); instant shiruko being sweet soup of adzuki-bean flour; sweet soup of adzuki-beans with rice cake; instant sweet soup of adzuki-beans with rice cake; rice crackers (senbei); sweet dumplings (dango); sweet bean jam coated with sugared-bean based soft shell (nerikiri); glutinous starch syrup (mizu-ame); confectionery consisting of boiled beans, agar gel cubes and fruits with syrup; Japanese style steamed cakes (mushi-gashi); sweet pounded rice cakes (mochi-gashi); bean-jam filled wafers (monaka); pastry shells for monaka; sweetened boiled adzuki-beans (yude-adzuki); bars of sweet jellied bean paste (yohkan); dried sugared cakes of rice flour (rakugan); ice candies; ice cream; wafers; castilia sponge cakes; hardtack biscuits; caramels; candies; cookies; crackers; cones for ice cream; sherbets; sorbets; cream puffs; sponge cakes; toffees and taffies; chewing gums; chocolate; doughnuts; fruit drop candies; nougat; pies; biscuits; fruit jelly candy; frozen yoghurt confectionery ices; baked confectionery, namely, bolo; pancakes; popcorn; marshmallows; baked apples; rusks; waffles; bean jam buns; cream buns; jam buns; bread; buns; almond confectionery; shaved ice with sweetened red beans; chewing gum for breath freshening; mints for breath freshening; custard; licorice; quiches; confectionery for decorating Christmas trees; candy decorations for cakes; chocolate decorations for cakes; cake frosting; mirror icing; sugar confectionery; gingerbread; confectionery, namely, zefir; tacos; tarts; cheeseburger sandwiches; chocolate-coated nuts; chocolate mousses; dessert mousses; dulce de leche; tortillas; confectionery lozenges; malt biscuits; confectionery, namely, pastila; peppermint sweets; pates en croute; halvah; pancakes; peanut confectionery; edible ices; fondants; petits fours; petit-beurre biscuits; puddings; pralines; burritos; frozen yogurt; stick licorice; macaroons; marzipan; unleavened bread; cakes; rice pudding; bread rolls; potato-based flatbread, namely, lomper; seasonings, other than spices; soya bean paste; worcester sauce; meat gravies; ketchup; soy sauce; vinegar; vinegar mixes; seasoning soy sauce; salad dressings; white sauce; mayonnaise; sauces for barbecued meat; cranberry sauce; dressings for salad; sauces; chow-chow; chutneys; tomato sauce; beer vinegar; ham glaze; pesto sauce; marinades; apple sauce; cube sugar; fructose for culinary purposes; crystal sugar, not confectionery; sugar; maltose for culinary purposes; honey; glucose for culinary purposes; powdered starch syrup for culinary purposes; starch syrup for culinary purposes; natural sweeteners; golden syrup; molasses for food; palm sugar; agave syrup for use as a natural sweetener; glucose for culinary purposes; table salt mixed with sesame seeds; cooking salt; roasted and ground sesame seeds; celery salt; sea water for cooking; sesame seeds for use as seasonings; salt for preserving foodstuffs; flaxseed for use as a seasoning; umami seasonings; spices; mustard powder; curry powder; pepper powder; Japanese powder pepper spice; clove powder; hot pepper powder; cinnamon powder; Japanese horseradish powder spice; aniseed; allspice; seaweed for use as a condiment; minced garlic; pepper; saffron for use as a seasoning; cinnamon; ginger in powdered spice form; turmeric; cloves; mustard meal; nutmegs; star aniseed; mustard

 

Class 32: Beer; carbonated non-alcoholic drinks; fruit juices; vegetable juices

 

Class 45: (based on §§ 44(e) and 1(b)) Providing facilities for wedding ceremonies; planning, management or arrangement of wedding ceremonies; guidance, advice or consultation on wedding ceremonies; rental of clothing for wedding ceremonies; rental of personal ornaments for wedding ceremonies; providing information on wedding ceremonies and wedding halls; (based on § 1(b) only) planning and arrangement of wedding ceremonies; providing wedding halls for non-sectarians

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or 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/or services may not later be reinserted.  See TMEP §1402.07(e).  Additionally, for U.S. applications filed under Trademark Act Section 44(e), the scope of the identification for purposes of permissible amendments may not exceed the scope of the goods and/or services identified in the foreign registration.  37 C.F.R. §2.32(a)(6); Marmark, Ltd. v. Nutrexpa, S.A., 12 USPQ2d 1843, 1845 (TTAB 1989) (citing In re Löwenbräu München, 175 USPQ 178, 181 (TTAB 1972)); TMEP §§1012, 1402.01(b).

 

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.

 

Certificate of Foreign Registration Required

 

The application specifies both an intent to use basis under Trademark Act Section 1(b) and a claim of priority under Section 44(d) based on a foreign application.  See 15 U.S.C. §§1051(b), 1126(d); 37 C.F.R. §2.34(a)(2), (a)(4).  However, no copy of a foreign registration has been provided even though the application indicates applicant’s intent to rely on Section 44(e) as an additional basis for registration.  See 15 U.S.C. §1126(e).

 

An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an applicant’s country of origin.  15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004, 1004.01, 1016.  In addition, an applicant’s country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law.  15 U.S.C. §1126(b); TMEP §§1002.01, 1004.

 

Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available.  TMEP §1003.04(a).  A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in applicant’s country of origin.  TMEP §1004.01.  If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to applicant’s country of origin.  TMEP §1016.  In addition, applicant must also provide an English translation if the foreign registration is not written in English.  37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b).  The translation should be signed by the translator.  TMEP §1004.01(b).

 

If the foreign registration has not yet issued, or applicant requires additional time to procure a copy of the foreign registration (and English translation, as appropriate), applicant should so inform the trademark examining attorney and request that the U.S. application be suspended until a copy of the foreign registration is available.  TMEP §§716.02(b), 1003.04(b).

 

If applicant cannot satisfy the requirements of a Section 44(e) basis, applicant may request that the mark be approved for publication based solely on the Section 1(b) basis.  See 15 U.S.C. §§1051(b), 1126(e); 37 C.F.R. §2.35(b)(1); TMEP §§806.02(f), 806.04(b), 1003.04(b).  Although the mark may be approved for publication on the Section 1(b) basis, it will not register until an acceptable allegation of use has been filed.  See 15 U.S.C. §1051(c)-(d); 37 C.F.R. §§2.76, 2.88; TMEP §1103.  Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration.  See 37 C.F.R. §2.35(b)(3)-(4); TMEP §§806.02(f), 806.04(b). 

 

Alternatively, applicant has the option to amend the application to rely solely on the Section 44(e) basis and request deletion of the Section 1(b) basis.  See 37 C.F.R. §2.35(b)(1); TMEP §806.04.  The foreign registration alone may serve as the basis for obtaining a U.S. registration.  See 37 C.F.R. §2.34(a)(3); TMEP §806.01(d).

 

 

 

 

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.  

 

 

 

/Michael Engel/

Trademark Examining Attorney

Law Office 107

Michael.Engel@uspto.gov

(571) 272-9338

 

 

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 2/11/2019 FOR U.S. APPLICATION SERIAL NO. 88170275

 

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 2/11/2019 (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.