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: 3/7/2019

 

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.  

 

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.

 

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION (CLASSES 9 AND 42)

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 4473375 and 4473376.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  Please see the enclosed registrations.

 

Applicant has applied to register the mark AIRSENSE for goods and services including “Computer applications for aircraft control; Computer programs for accessing, browsing and searching online databases; Computer applications for aircraft navigation apparatus; Computers; Software; Computer software platforms, recorded or downloadable; Data processing software in relation with aircrafts; Interactive computer and mobile device software that provides navigational and travel information in relation with aircrafts; Flight planning software; Database management software; Pilot and cabin crew planning software; software for calculation of aircraft performance; Software for aircraft performance calculations; software for the collection, editing, organizing, modifying, transmission, storage and sharing of data; Software for satellite navigation systems for aircrafts; Satellite navigational system for aircraft; GPS navigation device for aircrafts; Software for creating maps; Computer application for navigation devices for aircrafts; Control devices for aircraft navigation apparatus; Apparatus for checking flight parameters; Computer digital maps; Navigation apparatus for aircraft; Navigation, guidance, tracking, marking, targeting and map making devices for aircrafts; Electronic databases; Computer databases; Electronic databases recorded on computer media for air assistance services for passenger management; apparatus for recording, transmission or reproduction of sound or images; electronic publications (downloadable); data processors; data terminals; data networks; data banks; data processing apparatus; all aforesaid goods in the field of aerospace,” in Class 9, and “Software as a service; Creation of GPS maps; Preparation of maps in digital form; Design and development of navigation systems for aircrafts; Testing, analysis and monitoring of navigation signals for aircrafts; Application service provider (ASP) for aircrafts; Database development services; Hosting of databases; Development, installation, maintenance and updating of database software; Rental of computer database software; Design, updating and maintenance of database; Design of computer programs and software relating to aircraft; Design and development of software for evaluation and calculation of data in relation with aircrafts; Design and development of data processing systems in relation with aircrafts; Technical data analysis services in relation with aircrafts; Recording data relating to energy consumption of aircrafts; Consultancy in the field of energy-saving related with aircrafts; Programming of energy management software for aircrafts; all the aforesaid services in the field of aerospace,” in Class 42.

 

The registered marks are AIRSENSE and AIRSENSE WIRELESS, both for goods and services including “Computer software for management of connectivity, network authentication and user authentication; telecommunications and data networking hardware, namely, devices for transporting and aggregating voice, data, and video communications across multiple network infrastructures and communications protocols; network routers; antenna; broadband wireless equipment, namely, electronic telecommunications base stations apparatus for cellular and fixed networking and communications applications, namely, interoperability and switching between wireless local area network and cellular network; communication system comprised of server and client software designed to provide radio interoperability,” in Class 9.

 

Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely a potential consumer would be confused, mistaken, or deceived as to the source of the goods and/or services of the applicant and registrant.  See 15 U.S.C. §1052(d).  A determination of likelihood of confusion under Section 2(d) is made on a case-by case basis and the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973) aid in this determination.  Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d 1344, 1349, 98 USPQ2d 1253, 1256 (Fed. Cir. 2011) (citing On-Line Careline, Inc. v. Am. Online, Inc., 229 F.3d 1080, 1085, 56 USPQ2d 1471, 1474 (Fed. Cir. 2000)).  Not all the du Pont factors, however, are necessarily relevant or of equal weight, and any one of the factors may control in a given case, depending upon the evidence of record.  Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d at 1355, 98 USPQ2d at 1260; In re Majestic Distilling Co., 315 F.3d 1311, 1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont de Nemours & Co., 476 F.2d at 1361-62, 177 USPQ at 567.

 

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/or services.  See In re Viterra Inc., 671 F.3d 1358, 1361-62, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); In re Dakin’s Miniatures Inc., 59 USPQ2d 1593, 1595-96 (TTAB 1999); TMEP §§1207.01 et seq.

 

Comparison of the 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 Davia, 110 USPQ2d 1810, 1812 (TTAB 2014) (citing In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988); In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581, 1586 (TTAB 2007)); TMEP §1207.01(b).

 

In this case, applicant has applied to register the mark AIRSENSE.  Registrant’s marks are AIRSENSE and AIRSENSE WIRELESS.  Applicant’s mark and the first registered mark are identical.  Applicant’s mark and the second registered mark are highly similar.  Overall, the marks have the same commercial impression.

 

The examining attorney notes that the second registered mark includes the wording WIRELESS, which is not included in applicant’s mark.  WIRELESS, however, is a merely descriptive or generic term when used in connection with registrant’s goods and services and, therefore, has been disclaimed by registrant.  Although marks are compared in their entireties, one feature of a mark may be more significant or dominant in creating a commercial impression.  See In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); In re Nat’l Data Corp., 753 F.2d 1056, 1058, 224 USPQ 749, 751 (Fed. Cir. 1985); TMEP §1207.01(b)(viii), (c)(ii).  Disclaimed matter that is descriptive of or generic for a party’s goods and/or services is typically less significant or less dominant when comparing marks.  In re Detroit Athletic Co., 903 F.3d 1297, 1305, 128 USPQ2d 1047, 1050 (Fed. Cir. 2018) (citing In re Dixie Rests., Inc., 105 F.3d 1405, 1407, 41 USPQ2d 1531, 1533-34 (Fed. Cir. 1997)); TMEP §1207.01(b)(viii), (c)(ii).

 

Comparison of the Goods and Services

 

The compared goods 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).

 

In this case, applicant has identified its goods and services as including “Computer applications for aircraft control; Computer programs for accessing, browsing and searching online databases; Computer applications for aircraft navigation apparatus; Computers; Software; Computer software platforms, recorded or downloadable; Data processing software in relation with aircrafts; Interactive computer and mobile device software that provides navigational and travel information in relation with aircrafts; Flight planning software; Database management software; Pilot and cabin crew planning software; software for calculation of aircraft performance; Software for aircraft performance calculations; software for the collection, editing, organizing, modifying, transmission, storage and sharing of data; Software for satellite navigation systems for aircrafts; Satellite navigational system for aircraft; GPS navigation device for aircrafts; Software for creating maps; Computer application for navigation devices for aircrafts; Control devices for aircraft navigation apparatus; Apparatus for checking flight parameters; Computer digital maps; Navigation apparatus for aircraft; Navigation, guidance, tracking, marking, targeting and map making devices for aircrafts; Electronic databases; Computer databases; Electronic databases recorded on computer media for air assistance services for passenger management; apparatus for recording, transmission or reproduction of sound or images; electronic publications (downloadable); data processors; data terminals; data networks; data banks; data processing apparatus; all aforesaid goods in the field of aerospace,” in Class 9, and “Software as a service; Creation of GPS maps; Preparation of maps in digital form; Design and development of navigation systems for aircrafts; Testing, analysis and monitoring of navigation signals for aircrafts; Application service provider (ASP) for aircrafts; Database development services; Hosting of databases; Development, installation, maintenance and updating of database software; Rental of computer database software; Design, updating and maintenance of database; Design of computer programs and software relating to aircraft; Design and development of software for evaluation and calculation of data in relation with aircrafts; Design and development of data processing systems in relation with aircrafts; Technical data analysis services in relation with aircrafts; Recording data relating to energy consumption of aircrafts; Consultancy in the field of energy-saving related with aircrafts; Programming of energy management software for aircrafts; all the aforesaid services in the field of aerospace,” in Class 42.

 

Registrant’s goods and services include “Computer software for management of connectivity, network authentication and user authentication; telecommunications and data networking hardware, namely, devices for transporting and aggregating voice, data, and video communications across multiple network infrastructures and communications protocols; network routers; antenna; broadband wireless equipment, namely, electronic telecommunications base stations apparatus for cellular and fixed networking and communications applications, namely, interoperability and switching between wireless local area network and cellular network; communication system comprised of server and client software designed to provide radio interoperability,” in Class 9.

 

Both marks identify either identical or closely related computer software.  The examining attorney notes that applicant’s goods and services include “software;” “computer software platforms, recorded or downloadable;” “software as a service;” and “application service provider services,” all of which are open-ended and could comprise software that is identical to registrant’s software.  In addition, applicant’s goods include “software for the collection, editing, organizing, modifying, transmission, storage and sharing of data,” which could include the type of software identified by registrant.

 

Since the marks are either identical or similar and the goods are either identical or closely related, there is a likelihood of confusion as to the source of applicant’s goods and services.  Therefore, applicant’s mark is not entitled to registration.

 

RESPONSE GUIDELINES

 

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

 

IDENTIFICATION OF GOODS AND SERVICES

 

The identification of goods and services is indefinite and must be clarified.  If “construction . . . of air and space vehicles” refers to the service of manufacturing such vehicles for third-parties, this must be clarified and the services classified in Class 40.  The wording “all the aforesaid services in the field of aerospace” in Class 37 is superfluous and must be deleted.  “Leasing access time to a computer database” is considered ancillary to providing the database itself and is not considered a separate service; this language, therefore, must be deleted.  It is not clear whether “preparation of maps in digital form” refers to the service of creating maps or the service of digitizing printed maps; the nature of this service must be clarified.  Consultation in the field of energy efficiency is a Class 35 service, even if it relates to aircraft.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may adopt the following identification, if accurate: 

 

“Computer software for use in aircraft control; computer programs for accessing, browsing and searching online databases; computer software for use with aircraft navigation apparatus; computers; computer software for use in [specify the function of the software]; computer software platforms, recorded or downloadable, for [indicate purpose of platforms, e.g., application development, web hosting, database management, etc.]; data processing software for use in [specify the function of the software as it relates to aircraft]; downloadable interactive computer application software for mobile phones, namely, software for providing navigational and travel information in relation with aircrafts; flight planning software; database management software; pilot and cabin crew scheduling software; software for calculating aircraft performance; software for use in performing aircraft performance calculations; software for the collection, editing, organizing, modifying, transmission, storage and sharing of data; software for use with satellite navigation systems for aircraft; satellite-aided navigation system for aircraft; GPS navigation device for aircrafts; software for creating maps; computer software for use with navigation devices for aircrafts; electrical controlling devices for aircraft navigation apparatus; apparatus for checking flight parameters; computer software for providing digital maps; navigation apparatus for aircraft; computer hardware and recorded software systems for navigation, guidance, tracking, marking, targeting and map making for aircrafts; electronic databases in the field of air assistance services for passenger management recorded on computer media; apparatus for recording, transmission or reproduction of sound or images; downloadable electronic publications in the nature of [indicate specific nature of publication] in the field of [indicate subject matter of publication]; data processors; mobile data terminal (MDT); telecommunications and data networking hardware, namely, devices for transporting and aggregating voice, data, and video communications across multiple network infrastructures and communications protocols; data banks in the nature of electronic database in the field of [indicate subject matter or field] recorded on computer media; data processing apparatus; all aforesaid goods in the field of aerospace,” in International Class 9.

 

“Aircraft; aeronautical apparatus, machines and appliances namely, [specify using the common commercial name for the goods, e.g., “airplane propellers”]; vehicles for locomotion by air namely, [specify using the common commercial name for the goods, e.g., “light aircraft”]; space vehicles; hot air balloons; helicopters; aeronautical machines, namely, [specify using the common commercial name for the goods, e.g., “light aircraft”],” in International Class 12.

 

“Consultation in the field of energy efficiency with respect to aircraft,” in International Class 35.

 

“Repair of aerial navigation equipment and apparatus; maintenance and repair of air and space vehicles; maintenance and repair of [clarify the meaning of “aeronautical structures”] and component parts thereof; provision of information relating to construction, repair and maintenance of aircraft and of air and space vehicles,” in International Class 37.

 

“Providing access to databases; electronic data transmission; transmission of digital files; all the aforesaid services in the field of aerospace,” in International Class 38.

 

“Flight planning services; arranging of flight transport for travelers; providing flight travel information; flight planning services; providing flight arrival and departure information; air navigation services; GPS navigation services for aircraft; navigation advisory services for aircraft; travel route planning for aircraft; GPS navigation services for aircraft, namely, positioning, route planning and course plotting; provision of navigational information relating to aviation; providing airport transportation information relating to aviation; providing travel information to travelers regarding timetables of flights,” in International Class 39.

 

“Custom aircraft and space vehicle manufacturing,” in International Class 40.

 

“Software as a service (SAAS) services featuring software for [specify the function of the programs, e.g., for use in database management, for service desk management, for accounting, etc., and, if software is content- or field-specific, the content or field of use]; cartography services, namely, creating GPS maps; computer services, namely, electronic digitizing of maps; design and development of navigation systems for aircraft; product quality testing services, namely, testing, analysis and monitoring of navigation signals for aircraft; application service provider (ASP) featuring software for use [specify the function of the software, e.g., for use in database management, for use as a spreadsheet, for word processing, etc., as it relates to aircraft]; database development services; hosting of digital content in the nature of databases on the Internet; development, installation, maintenance and updating of database management software for others; rental of computer database software; design, updating and maintenance of database systems; design of computer programs and software relating to aircraft; design and development of software for evaluation and calculation of data in relation to aircraft; design and development of data processing systems in relation with aircraft; technical consultation in the field of aircraft data analysis; recording data for others on optical, digital and magnetic media for electronic storage relating to energy consumption of aircraft; programming of energy management software for aircraft, for others; all the aforesaid services in the field of aerospace,” in International Class 42.

 

“[specify, e.g., “Private”] investigation and surveillance services relating to the physical safety of persons and security of tangible property; physical security consultancy; security screening of baggage; all the aforesaid services in the field of aerospace,” in International Class 45.

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  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.

 

MULTIPLE-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 44:

 

(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 fee already paid (view the USPTO’s current fee schedule).  The application identifies goods and services that are classified in at least nine classes; however, applicant submitted a fee sufficient for only seven 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 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

QUESTIONS

 

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the refusals or requirements in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.

 

 

/John M. Gartner/

Trademark Examining Attorney

Law Office 102

(571) 272-9255

john.gartner@uspto.gov (informal correspondence)

 

 

 

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 3/7/2019 FOR U.S. APPLICATION SERIAL NO. 88217222

 

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 3/7/2019 (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.