Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

NONFINAL OFFICE ACTION

 

The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears at the end of this Office action. 

 

 

Issue date:  May 04, 2020

 

Action on this application was suspended pending the disposition of Application Serial No. 87827686, which has now matured into U.S. Registration No. 6008487 and, as such, a new Section 2(d) Likelihood of Confusion refusal must be issued with respect thereto.

 

 

In addition, please note that the refusal relating to applicant’s name change proposal and the requirements relating to its identification of goods are continued and maintained. 

 

SUMMARY OF ISSUES:

 

• Section 2(d) Likelihood of Confusion Refusal
• Owner Name
• Identification of Goods

 

Likelihood of Confusion – Section 2(d) Refusal

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 6008487.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registration.

 

 

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).  Any evidence of record related to those factors need be considered; however, “not all of the DuPont factors are relevant or of similar weight in every case.”  In re Guild Mortg. Co., 912 F.3d 1376, 1379, 129 USPQ2d 1160, 1162 (Fed. Cir. 2019) (quoting In re Dixie Rests., Inc., 105 F.3d 1405, 1406, 41 USPQ2d 1531, 1533 (Fed. Cir. 1997)).

 

 

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. 

 

 

Similarity 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) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); 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) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)), aff’d per curiam, 777 F. App’x 516, 2019 BL 343921 (Fed. Cir. 2019); TMEP §1207.01(b).

 

 

 

Applicant’s mark is the stylized wording “MIDWAY SELECT”. 

 

 

 

Registrant’s mark is “MIDWAY” in standard characters. 

 

 

 

The marks are similar because they both begin with or consist entirely of the wording “MIDWAY”.

 

 

Adding a term, such as “SELECT”, to a registered mark generally does not obviate the similarity between the compared marks, as in the present case, nor does it overcome a likelihood of confusion under Section 2(d).  See Coca-Cola Bottling Co. v. Jos. E. Seagram & Sons, Inc., 526 F.2d 556, 557, 188 USPQ 105, 106 (C.C.P.A. 1975) (finding BENGAL and BENGAL LANCER and design confusingly similar); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1269 (TTAB 2009) (finding TITAN and VANTAGE TITAN confusingly similar); In re El Torito Rests., Inc., 9 USPQ2d 2002, 2004 (TTAB 1988) (finding MACHO and MACHO COMBOS confusingly similar); TMEP §1207.01(b)(iii).  In the present case, the marks are identical in part.

 

 

 

In addition, please note that a mark in typed or standard characters, such as registrant’s, may be displayed in any lettering style; the rights reside in the wording or other literal element and not in any particular display or rendition.  See In re Viterra Inc., 671 F.3d 1358, 1363, 101 USPQ2d 1905, 1909 (Fed. Cir. 2012); In re Mighty Leaf Tea, 601 F.3d 1342, 1348, 94 USPQ2d 1257, 1260 (Fed. Cir. 2010); 37 C.F.R. §2.52(a); TMEP §1207.01(c)(iii).  Thus, a mark presented in stylized characters and/or with a design element, such as registrant’s, generally will not avoid likelihood of confusion with a mark in typed or standard characters because the word portion could be presented in the same manner of display.  See, e.g., In re Viterra Inc., 671 F.3d at 1363, 101 USPQ2d at 1909; Squirtco v. Tomy Corp., 697 F.2d 1038, 1041, 216 USPQ 937, 939 (Fed. Cir. 1983) (stating that “the argument concerning a difference in type style is not viable where one party asserts rights in no particular display”).

 

 

 

Finally, please note that, where the goods and/or services of an applicant and registrant are “similar in kind and/or closely related,” the degree of similarity between the marks required to support a finding of likelihood of confusion is not as great as in the case of diverse goods and/or services.  In re J.M. Originals Inc., 6 USPQ2d 1393, 1394 (TTAB 1987); see Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1242, 73 USPQ2d 1350, 1354 (Fed. Cir. 2004); TMEP §1207.01(b).   See Similarity of Goods section below discussing the identical, overlapping and/or highly related nature of applicant’s and registrant’s goods in the present case.

 

 

Accordingly, the relevant marks are sufficiently similar to support a finding of likelihood of confusion.

 

 

Similarity of Goods

 

The compared goods and/or 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); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000); TMEP §1207.01(a)(i).  They 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/or services] emanate from the same source.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).

 

 

 

Applicant’s and registrant’s goods are for a variety of identical, overlapping and highly related dental goods.  For example, both applicant and registrant have oral dental rinses, topical anesthetics, needles for medical use, dental chair covers and toothbrushes.

 

Accordingly, based on the similarity of the marks and the relatedness of the goods, registration of the applicant’s mark is refused under Section 2(d) of the Trademark Act.

 

Although the examining attorney has refused registration, the applicant has the option to respond to the refusal to register by submitting evidence and legal arguments in support of registration.  If the applicant chooses to respond to the refusal to register, the applicant must also respond to the following refusal(s)/requirement(s).

 

Ownership of Cited Registration – Advisory

 

 

If the mark in the cited registration is owned by applicant, applicant may provide evidence of ownership of the mark by satisfying one of the following:

 

(1)        Record the assignment with the USPTO’s Assignment Recordation Branch (ownership transfer documents such as assignments can be filed online at http://etas.uspto.gov) and promptly notify the trademark examining attorney that the assignment has been duly recorded;

 

(2)        Submit copies of documents evidencing the chain of title; or

 

(3)        Submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20:  “Applicant is the owner of U.S. Registration No. 6008487.”  To provide this statement using the Trademark Electronic Application System (TEAS), use the “Response to Office Action” form; answer “yes” to wizard questions #3 and #9; then, continuing on to the next portion of the form, in the “Additional Statement(s)” section, find “Active Prior Registration(s)” and insert the U.S. registration numbers in the data fields; and follow the instructions within the form for signing.  The form must be signed twice; a signature is required both in the “Declaration Signature” section and in the “Response Signature” section.

 

TMEP §812.01; see 15 U.S.C. §1060; 37 C.F.R. §§2.193(e)(1), 3.25, 3.73(a)-(b); TMEP §502.02(a).

 

Recording a document with the Assignment Recordation Branch does not constitute a response to an Office action.  TMEP §503.01(d).

 

 

Owner Name

 

Applicant has requested that the applicant name be amended; however, applicant has not provided or recorded in the USPTO database ownership transfer documentation or any other documentation showing transfer of title nor has applicant indicated whether the assignee is a successor to applicant’s business.  An intent-to-use application is void if, prior to filing an allegation of use, the application is assigned to a party other than either a successor to the applicant’s business or to a portion of the applicant’s business to which the mark pertains, if that business is ongoing and existing.  15 U.S.C. §1060(a)(1); 37 C.F.R. §3.16; TMEP §501.01(a); see Cent. Garden & Pet Co. v. Doskocil Mfg. Co., 108 USPQ2d 1134, 1146 (TTAB 2013); Clorox Co. v. Chem. Bank, 40 USPQ2d 1098, 1105-06 (TTAB 1996).  Accordingly, the request to amend the applicant name is denied until (1) clear chain of title to the new party has been established and (2) a statement that the assignee is a successor to applicant’s business is provided.  37 C.F.R. §2.61(b); TMEP §814. 

 

To establish chain of title to the application, one of the following must be satisfied:

 

(1)        The new owner must (a) record an assignment, name change, or other documentation affecting title with the USPTO’s Assignment Recordation Branch showing a clear chain of title to the mark in the new owner; and (b) promptly notify the trademark examining attorney that the documentation has been recorded.; OR

 

(2)        The new owner must file either (a) a written statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20, explaining in detail the chain of title to the new owner; or (b) documentation showing transfer of title to the new owner.  However, the registration will not issue in the name of the new owner without recording chain of title documentation with the USPTO and notifying the trademark examining attorney, as specified in (1) above.

 

TMEP §502.01; see 15 U.S.C. §1060; 37 C.F.R. §§2.193(e)(1), 3.73(b)(1); TMEP §502.02(a).

 

Assignments and other documents affecting title may be filed electronically.  There is a fee for recording ownership changes.  37 C.F.R. §§2.6(b)(6), 3.41(a); TMEP §503.03(d).  Recording an assignment or other ownership transfer document does not constitute a response to an Office action.  TMEP §503.01(d).  Applicant must still file a separate response to this Office action.  See id.

 

If the application was filed by the owner and the there is an inadvertent error in the applicant’s name, such as a minor typographical error or misspelling, or the name identifies a party that did not exist as of the application filing date, the application may be amended to correct the applicant’s name.  TMEP §1201.02(c).  In either case, applicant should include in the amendment request the reason for the correction (such as “ABC Corporation did not exist as of the filing date of the application,” or “Company” was inadvertently omitted from the applicant’s name in the application).  Id.

 

 

Identification of Goods

Wording in the identification of goods is (1) indefinite and must be clarified, (2) overbroad in that it encompasses services in more than one international classification and/or (3) misclassified.  See TMEP §1402.01.  Please see suggested identification below for specific wording that requires clarification and/or reclassification.

 

Applicant may adopt the following identification, if accurate.  Please note that bolded wording/punctuation indicates a suggested addition(s)/amendment(s) to applicant’s currently proposed identification and wording/punctuation with a line through it indicates language of which the examining attorney is suggesting deletion.  In addition, please note that the bracketed entries below require applicant to insert information.  Finally, please note that the suggested identification includes additional international classifications and, if applicant adopts this suggested identification, applicant will need to comply with the requirements set forth in the multiple class requirements section below.   

 

Class 3:

“oral rinses, namely, non-medicated dental rinses; dental paste in the nature of tooth paste; tooth whitening preparations; dental stain remover, namely, non-medicated cleaning solution to remove stains from dentures, bridges, orthodontic appliances; dental cement remover, namely, non-medicated cleaning solution to remove cement from dentures, bridges, inlays, onlays, orthodontic appliances, instruments; non-medicated dental general purpose cleaner, namely, used to remove buffing, other compounds and foreign matter from dentures, bridges, crowns, instruments; plaster and stone remover, namely, non-medicated cleaning solution to remove plaster and stone from dentures, bridges, inlays, onlays, orthodontic appliances, impression trays, spatulas; alcohol for cleaning of instruments; dental polishing paste, namely, non-medicated prophylaxis paste used to clean and polish teeth

 

Class 5:

“Topical anesthetic; dental anesthetics for surgical purposes, namely, lidocaine, articaine, and mepivacaine; dental core build-up materials; dental etching gel; hemostatic gel and solution for dental purposes; composites, namely, flowable dental resins; cotton for medical purposes; gauze; orthodontic alginate for dental impressions; vinyl polysiloxane dental impression material; materials used for dental bite registration; dental tray cleaners; dental tray adhesives; evacuation system disinfectant cleaners; sanitizing surface wipes; disinfectants and disinfecting cleaner for dental purposes in surface and liquid form; autoclave disinfectant cleaners; dental tartar remover, namely, solution to remove tartar from dentures, bridges, orthodontic appliances; dental stain remover, namely, solution to remove stains from dentures, bridges, orthodontic appliances; dental cement remover, namely, solution to remove cement from dentures, bridges, inlays, onlays, orthodontic appliances, instruments; dental general purpose cleaner, namely, used to remove buffing, other compounds and foreign matter from dentures, bridges, crowns, instruments; plaster and stone remover, namely, solution to remove plaster and stone from dentures, bridges, inlays, onlays, orthodontic appliances, impression trays, spatulas; enzymatic detergent and tablets for medical purposes; alcohol for disinfection or cleaning of dental instruments; oral rinses, namely, dental rinses for medical purposes; dental pit and fissure sealant; dental polishing paste, namely, medicated prophylaxis paste used to clean and polish teeth; dental varnish for use by dentists; dental wax, namely, base plate wax, boxing wax, wax strips, wax ropes; bonding agents for dental purposes; dental composite materials, namely, universal composite; flowable dental composite; materials for tooth restoration, namely, glass ionomer restorative; dental cement; materials for tooth restoration, namely, intermediate restorative material; desensitizer, namely, dental material in the nature of topical pain relief medication that reduces sensitivity to pain; irrigation solutions for dental use; analgesics, namely, eugenol; endo endodontic refrigerant spray for testing pulp viality; alginate, namely, for dental impressions; alginate replacement, namely, alginate replacement for dental impressions; dental impression materials, namely, vinyl polysiloxane and putty; fluoride foam in the nature of anti-cavity coating preparations; hemostatic solution for medical purposes; alcohol used as a solvent and dehydrating agent for medical purposes; solvent, namely, {insert specific type/nature of Class 5 solvent, e.g. medicated dental solvents for removing plaque}; endodontic gutta percha for filling canals after pulp removed; sponges impregnated with antiseptics; bite registration, namely, dental bite registration material;.”

 

Class 10:

“Needles for medical use; articulating paper; dental burs; pre-bent applicator and dispensing tips attached to a syringe and used for applying dental materials in the mouth; disposable brushes and applicators specifically for applying dental materials in the mouth; dental apparatus in the nature of mixing pads and wells specifically used for preparing dental materials used in the mouth; dental crowns; dental instruments in the nature of mixing tips for dental materials; bibs for dental use; dental tray covers for use as a protective germ shield barrier in the health care field; disposable syringes and tips; disposable filters for medical purposes used for filtering water that is used in surgical procedures; evacuator tips for use in dentistry; evacuator ejectors for use in dentistry; surgical aspirator tips; dental equipment, namely, intra-oral curing lights, handpieces, scalers and polishers; dental finishing and polishing points and discs used to finish dental restorations; dental syringes with needle; dental syringes without needle; dental instruments, namely, irrigation needle tips; dental instruments, namely, dental bite registration mixers and tips; dental bite impression trays; dental utility syringe; digital sensor sleeves for use as a protective germ shield barrier in the health care field for use in connection with digital sensors used for taking digital dental radiographs; fitted covers for dental patient digital imaging plates, namely, digital barrier envelopes and sleeves; dental intra-oral syringe sleeves in the nature of fitted covers for dental syringes; fitted covers for dental t-lights for use as a protective germ shield barrier in the health care field; barrier cover films for use as a protective germ shield barrier in the health care field; barrier curing light sleeves in the nature of fitted covers for dental curing lights for use as a protective germ shield barrier in the health care field; tray barriers for dental trays in the nature of fitted covers for dental trays; x-ray covers in the nature of fitted covers for patient x-ray machine for medical and dental use; autoclave pouches in the nature of pouches specifically adapted for holding instruments and other items used in the dental operatory for sterilization for medical use; medical gloves; medical masks, namely, {insert specific type/nature of medical masks, e.g. sanitary masks for medical purposes}; eyeware {insert specific type/nature of Class 10 eyewear, e.g. magnifying glasses, for medical purposes, that fit on the user's face in the manner of eyeglasses}; medical gowns and jackets; mirror defogger, namely, for use in defogging dental mirrors; holders specially adapted for use in connection with dentures and retainers, namely, denture and retainer boxes; dental instruments, namely, prophy angles; medical trays for holding fluoride for use on dental patients; sutures; surgical blades; blade handles for surgical blades; disposable scalpels; dental bite rims; medical x-ray aprons and collars; dental bite wing tabs and loops; film holders specially adapted for medical x-rays; aspirating syringe for medical use; dental instruments, namely bur blocks for use in connection with dental burs; bib holders specifically adapted for use in connection with bibs for dental use; surgical sponges; dental instruments in the nature of disposable traps used mainly to protect vacuum system when particles from the intra oral cavity are evacuated; dental instruments in the nature of evacuation traps used mainly to protect vacuum system when particles from the intra oral cavity are evacuated; dental device for extracting saliva from the work area in the mouth, namely HVE tips; dental device for extracting saliva from the work area in the mouth, namely, saliva ejectors; dental instruments, namely, endo endodontic files; dental drills in the nature of gates glidden drills; dental instruments for removing pulp tissue during endodontic treatment, namely, barbed broaches; dental instruments, namely, endodontic paper points for removing moisture from canals; endodontic gutta percha for filling canals after pulp removed; apex locator, namely, a dental instrument for use in root canal procedures; endo aids, namely, surgical instruments for dental use; bite registration, namely, dental bite registration material; dental instruments in the nature of intraoral tips specifically for use in connection with attaching to the end of the mixing tips that are used to extrude dental material intraorally; dental impression trays; disposable barriers for use as a protective germ shield barrier in the health care field; disposable medical treatment apparel; CSR wrap in the nature of sterilization wrap for sterilizing medical instruments; dental instruments, namely, dental instruments for hygiene, diagnostic, surgery, periodontal, ultrasonic scaling, endodontic, restorative and orthodontic purposes all in the nature of {insert specific type/nature of dental instruments}; dental mirror heads; dental mirror handles; dental instruments, namely, dappen dishes being vessels for dental purposes; dental mixing bowls specifically adapted for use in connection with mixing dental restoration compounds; medical apparatus, namely, dispensing gun for use in dispensing dental materials used in dental surgery; dental posts and dental drills; dental instruments, namely, retraction cord; dental apparatus, namely, disposable bite blocks; dental film positioners; x-ray diagnostic apparatus, namely, phosphor imaging plates and sensors used for taking dental x-rays; dental instruments for removing tartar; dental instruments for removing teeth stains; dental instruments for removing dental cement, plaster and stone; dental apparatus, namely, intra-oral curing lights; dental instruments, namely, prophy cups.”

 

Class 16:

“Paper for use as headrest covers for dental chairs; paper for use as chair covers for dental chairs; digital barrier envelopes; ; dental tray covers made of paper; dental tray covers made of paper for use as a protective germ shield barrier in the health care field.”

 

Class 21:

“Plastic cups; swabs and sponges for cleaning medical instruments; dental floss; flossing aids, namely, toothpicks and dental floss picks; toothbrushes; drinking cups; sponges for cleaning dental instruments.”

 

Identifications of goods and/or services can be amended only to clarify or limit the goods and/or services; adding to or broadening the scope of the goods and/or services is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.  Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.

 

 

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.

 

 

Multiple Class Requirements - Advisory

 

The application identifies goods and/or 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/or 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 fee(s) already paid (view the USPTO’s current fee schedule).  The application identifies goods and/or services that are classified in at least eight classes; however, applicant submitted a fee(s) sufficient for only four class(es).  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 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).

 

For 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, see the Multiple-class Application webpage.

 

 

Responding to this Office Action

 

How to respond.  Click to file a response to this nonfinal Office action  

 

 

For this application to proceed toward registration, applicant must explicitly address each refusal and/or requirement raised in this Office action.  If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register.  Applicant may also have other options for responding to a refusal and should consider such options carefully.  To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements. 

 

 

If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end, the trademark will fail to register, and the application fee will not be refunded.  See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02.  Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to active status.  See 37 C.F.R. §2.66; TMEP §1714.   There is a $100 fee for such petitions.  See 37 C.F.R. §§2.6, 2.66(b)(1).

 

 

Telephone/Email Suggested for Questions

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06. 

 

 

The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

/Meghan Reinhart/

Meghan M. Reinhart

Trademark Examining Attorney

Law Office 108

(571) 272-2943

meghan.reinhart@uspto.gov

 

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on May 04, 2020 for

U.S. Trademark Application Serial No. 88207786

 

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. 

 

 

/Meghan Reinhart/

Meghan M. Reinhart

Trademark Examining Attorney

Law Office 108

(571) 272-2943

meghan.reinhart@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 May 04, 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.”