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: 3/11/2019

 

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:

• Refusal – Section 2(d) Likelihood of Confusion and
• Requirement – Amendment of Identification of Services

 

 

SECTION 2(d) REFUSAL – 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. 4240114, 3374226, 2169655, 5569644, 5448333, and 4631095. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registrations.

 

Applicant’s mark is “VITALCARE” for “Healthcare services, namely, providing to employees at their place of employment, to tenants of commercial and residential properties at the location of such properties and to clients of health clubs, gyms and spas at the location of such health clubs, gyms and spas wellness and preventative services, medical exams and related tests and services, annual physical medical exams, tests and services, chiropractic treatment, psychological counseling and screenings, nutritional counseling and screenings, physical health counseling and screenings and other preventative wellness and health services, in each case to detect and prevent illness, disease and health related problems”

 

Registrants’ marks are

 

“VITAL HEALTHCARE GROUP” U.S. Reg. No. 4240114 for “Consulting services to health care providers in the field of treating life-changing or life-threatening diseases; Health care services, namely, disease management programs; Health care services, namely, health and wellness programs in field of childhood obesity; Health care services, namely, wellness programs; Health care, namely, assisting individuals to stop smoking; Healthcare services, namely, integrated healthcare services with a network of international healthcare providers; Home health care services; Managed health care services; Pediatric health care services; Providing health care information by telephone; Providing health care information by telephone and the internet”

 

 

“VITAL HEALTH INSTITUTE” U.S. Reg. No. 3374226 for “Medical services; surgery; and medical clinics”

 

 

“VITAL CARE” U.S. Reg. No. 2169655 for “providing home and non-hospital health care services, namely, parenteral nutrition therapy, intravenous antibiotic therapy, intravenous pain management therapy, intravenous hydration therapy, tocolytic therapy, chemo therapy and related health care services”

 

 

“VITAL BODY” U.S. Reg. No. 5569644 for “Bodywork therapy; Bodywork therapy services, namely, structural integration therapy and movement therapy; Massage; Massage therapy services; Physical therapy evaluation and treatment of musculoskeletal conditions, injuries, scar tissue, limitations in range of motion, sports injuries, movement dysfunction, orthopedic injuries, physical impairments, functional limitations, physical disabilities, soft tissue swelling, inflammation, and movement restriction; Physical therapy evaluation, identification, and management of movement dysfunction to restore, maintain, and promote optimal physical function preventing the onset, symptoms and progression of impairments, functional limitations, and disabilities resulting from disease, disorders, conditions, or injuries; Physiotherapy; Wellness and health-related consulting services; Bodywork therapy services, namely, acupressure, body treatment services, cosmetic body care services, cranio sacral therapy, injury specific massage, joint mobilization and manipulation, massage therapy, muscle stretching, muscle activation, soft tissue mobilization, sports massage, and Thai massage therapy; Health care services, namely, wellness programs; Health care services, namely, providing massage, body treatment services, cosmetic body care services, massage therapy, cranio sacral therapy, acupressure, sports massage, injury specific massage, Thai massage, joint mobilization and manipulation, muscle stretching, muscle activation, pre- and post-surgical recovery and rehabilitation to improve range of motion of the joint complex, relieve pain and dysfunction, increase strength and endurance, and improve whole-body health and performance; Health spa services for health and wellness of the mind, body and spirit; Information relating to massage; Medical, physical rehabilitation and physical therapy services; Physical rehabilitation; Physical rehabilitation services for individuals and athletes through use of acupressure, modalities, exercises, muscle stretching, muscle activation, massage, and bodywork; Providing physical rehabilitation facilities”

 

 

“VITAL” U.S. Reg. No. 5448333 for “Providing information about dietary supplements and nutrition; consulting services in health and nutrition”

 

 

“VITAL NUTRIENTS” U.S. Reg. No. 4631095 for “Providing information about dietary supplements and nutrition; consulting services in health and nutrition”

 

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 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 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.

 

 

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 Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)); TMEP §1207.01(b).

 

Here, the applied-for mark, “VITALCARE”, and the registered marks, “VITAL HEALTHCARE GROUP” U.S. Reg. No. 4240114, “VITAL HEALTH INSTITUTE” U.S. Reg. No. 3374226, “VITAL BODY” U.S. Reg. No. 5569644, “VITAL” U.S. Reg. No. 5448333, and “VITAL NUTRIENTS” U.S. Reg. No. 4631095, are similar in appearance and meaning as the marks use the identical word, “VITAL”, in connection with health-related terms and being used with health-related services. Marks may be confusingly similar in appearance where similar terms or phrases or similar parts of terms or phrases appear in the compared marks and create a similar overall commercial impression.  See Crocker Nat’l Bank v. Canadian Imperial Bank of Commerce, 228 USPQ 689, 690-91 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n, 811 F.2d 1490, 1495, 1 USPQ2d 1813, 1817 (Fed. Cir. 1987) (finding COMMCASH and COMMUNICASH confusingly similar); In re Corning Glass Works, 229 USPQ 65, 66 (TTAB 1985) (finding CONFIRM and CONFIRMCELLS confusingly similar); In re Pellerin Milnor Corp., 221 USPQ 558, 560 (TTAB 1983) (finding MILTRON and MILLTRONICS confusingly similar); TMEP §1207.01(b)(ii)-(iii).

 

Further, the wording “HEALTHCARE GROUP” in U.S. Reg. No. 4240114, “HEALTH INSTITUTE” in U.S. Reg. No. 3374226, “BODY” in U.S. Reg. No. 5569644, and “NUTRIENTS” in U.S. Reg. No. 4631095 have been disclaimed for describing Registrants’ services, thereby resulting in the word “VITAL” being the more distinctive term in the marks. 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 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).

 

 

Additionally, the entirety of the registered mark, “VITAL” U.S. Reg. No. 5448333, is contained within the applied-for mark, thereby resulting in an impression of an association between the marks, namely that “VITALCARE” health services and nutritional counseling are related to or a version of “VITAL” health and nutrition consulting. Incorporating the entirety of one mark within another 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 Wella Corp. v. Cal. Concept Corp., 558 F.2d 1019, 1022, 194 USPQ 419, 422 (C.C.P.A. 1977) (finding CALIFORNIA CONCEPT and surfer design and CONCEPT confusingly similar); 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 LANCER and design and BENGAL confusingly similar); In re Integrated Embedded, 120 USPQ2d 1504, 1513 (TTAB 2016) (finding BARR GROUP and BARR confusingly similar); In re Mr. Recipe, LLC, 118 USPQ2d 1084, 1090 (TTAB 2016) (finding JAWS DEVOUR YOUR HUNGER and JAWS confusingly similar); TMEP §1207.01(b)(iii).  In the present case, the marks are identical in part.

 

 

 

Comparison of the Services

The services are compared to determine whether they are similar, commercially related, or travel in the same trade channels.  See Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369-71, 101 USPQ2d 1713, 1722-23 (Fed. Cir. 2012); Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1165, 64 USPQ2d 1375, 1381 (Fed. Cir. 2002); TMEP §§1207.01, 1207.01(a)(vi).

 

The compared 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 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).

 

Determining likelihood of confusion is based on the description of the services 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 “wellness and preventative services”, “medical exams and related tests and services”, “annual physical medical exams, tests and services”, and “other preventative wellness and health services in each case to detect and prevent illness, disease and health related problems” which presumably encompasses all services of the type described, including registrants’ more narrow “Consulting services to health care providers in the field of treating life-changing or life-threatening diseases; Health care services, namely, disease management programs; Health care services, namely, health and wellness programs in field of childhood obesity; Health care services, namely, wellness programs; Health care, namely, assisting individuals to stop smoking; Healthcare services, namely, integrated healthcare services with a network of international healthcare providers; Home health care services; Managed health care services; Pediatric health care services; Providing health care information by telephone; Providing health care information by telephone and the internet” (U.S. Reg. No. 4240114); “providing home and non-hospital health care services, namely, parenteral nutrition therapy, intravenous antibiotic therapy, intravenous pain management therapy, intravenous hydration therapy, tocolytic therapy, chemo therapy and related health care services” (U.S. Reg. No. 2169655); “Bodywork therapy; Bodywork therapy services, namely, structural integration therapy and movement therapy; Massage; Massage therapy services; Physical therapy evaluation and treatment of musculoskeletal conditions, injuries, scar tissue, limitations in range of motion, sports injuries, movement dysfunction, orthopedic injuries, physical impairments, functional limitations, physical disabilities, soft tissue swelling, inflammation, and movement restriction; Physical therapy evaluation, identification, and management of movement dysfunction to restore, maintain, and promote optimal physical function preventing the onset, symptoms and progression of impairments, functional limitations, and disabilities resulting from disease, disorders, conditions, or injuries; Physiotherapy; Wellness and health-related consulting services; Bodywork therapy services, namely, acupressure, body treatment services, cosmetic body care services, cranio sacral therapy, injury specific massage, joint mobilization and manipulation, massage therapy, muscle stretching, muscle activation, soft tissue mobilization, sports massage, and Thai massage therapy; Health care services, namely, wellness programs; Health care services, namely, providing massage, body treatment services, cosmetic body care services, massage therapy, cranio sacral therapy, acupressure, sports massage, injury specific massage, Thai massage, joint mobilization and manipulation, muscle stretching, muscle activation, pre- and post-surgical recovery and rehabilitation to improve range of motion of the joint complex, relieve pain and dysfunction, increase strength and endurance, and improve whole-body health and performance; Health spa services for health and wellness of the mind, body and spirit; Information relating to massage; Medical, physical rehabilitation and physical therapy services; Physical rehabilitation; Physical rehabilitation services for individuals and athletes through use of acupressure, modalities, exercises, muscle stretching, muscle activation, massage, and bodywork; Providing physical rehabilitation facilities” (U.S. Reg. No. 5569644); “consulting services in health and nutrition” (U.S. Reg. No. 5448333); and “consulting services in health and nutrition” (U.S. Reg. No. 4631095); and “surgery; and medical clinics”. Specifically, the registrations all identify types of wellness, preventative, and health services that can be for detecting and preventing illness, disease and health related problems. Further, the wording in U.S. Reg. No. 3374226, “Medical services” broadly encompasses the medical-related services identified in the application, “Healthcare services, namely, providing to employees at their place of employment, to tenants of commercial and residential properties at the location of such properties and to clients of health clubs, gyms and spas at the location of such health clubs, gyms and spas wellness and preventative services, medical exams and related tests and services, annual physical medical exams, tests and services, chiropractic treatment, psychological counseling and screenings, nutritional counseling and screenings, physical health counseling and screenings and other preventative wellness and health services, in each case to detect and prevent illness, disease and health related problems”. 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 services 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 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) (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 services 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.

 

 

IDENTIFICATION OF SERVICES

The identification of services is indefinite and must be clarified because the wording “wellness and preventative services” must be clarified as to the type of services being provided, such as “personal assessments, personalized routines, maintenance schedules, and counseling”, “wellness programs” or “Medical screening”. Further, the wording “medical exams and related tests and services” and “annual physical medical exams, tests and services” must be clarified as to the specific type of “medical exams” and the “related tests and services” and “tests and “services” being provided as this wording is unclear as to the services being offered, such as “X-ray examinations for medical purposes” or “Medical testing of urine, blood, hair follicles and breath”. Additionally, the wording “and other preventative wellness and health services” must be clarified as to the specific type of services being provided as “other” is indefinite wording. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

 

Applicant may adopt the following identification, if accurate:

 

 

Class 044: Healthcare services, namely, providing to employees at their place of employment, to tenants of commercial and residential properties at the location of such properties and to clients of health clubs, gyms and spas at the location of such health clubs, gyms and spas, namely, wellness programs and preventative services in the nature of medical screening, medical exams, namely, physical examination services and related tests and services in the nature of {Specify type of services by common commercial name in International Class 044, e.g. X-ray examinations for medical purposes, Providing medical testing of fitness and medical consultations to individuals to help them make health, wellness and nutritional changes in their daily living to improve health, Medical testing of urine, blood, hair follicles and breath}, annual physical medical exams, tests and services, in the nature of {Specify type of services by common commercial name in International Class 044, e.g. X-ray examinations for medical purposes, Providing medical testing of fitness and medical consultations to individuals to help them make health, wellness and nutritional changes in their daily living to improve health, Medical testing of urine, blood, hair follicles and breath}, chiropractic treatment, psychological counseling and screenings, nutritional counseling and screenings, physical health counseling and screenings and other preventative wellness and health services in the nature of {Specify type of services by common commercial name in International Class 044, e.g. Providing medical testing of fitness and medical consultations to individuals to help them make health, wellness and nutritional changes in their daily living to improve health, Provision of medical services by health care professionals via the internet or telecommunication networks, Consulting services to health care providers in the field of treating life-changing or life-threatening diseases}, in each case to detect and prevent illness, disease and health related problems

 

 

                                                                                                                    

Applicant’s 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 services or add 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 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 services will further limit scope, and once 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.

 

 

RESPONSE GUIDELINES

For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action.  For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above.  For a requirement, applicant should set forth the changes or statements.  Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.

 

 

 

 

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.  

 

If the Applicant has any questions or requires assistance in responding to this Office Action, please telephone the assigned Examining Attorney.

 

 

 

 

 

/Jennifer O'Brien/

Examining Attorney

Law Office 120

(571)272-4579

Jennifer.O'Brien@uspto.gov

 

 

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 3/11/2019 FOR U.S. APPLICATION SERIAL NO. 88219627

 

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 3/11/2019 (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.