To: | 1-800 Contacts, Inc. (mkeipdocket@michaelbest.com) |
Subject: | U.S. Trademark Registration No. 5775653 - - 212315-5070 |
Sent: | 11/26/19 08:17:15 AM |
Sent As: | prg@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Owner’s Trademark Registration
U.S. Registration No. 5775653
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Correspondence Address: |
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Owner: 1-800 Contacts, Inc.
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Reference/Docket No. 212315-5070
Correspondence Email Address: |
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The USPTO must receive the owner’s response to this letter within the time period specified below. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears below.
Issue date: November 26, 2019
The Section 7 Amendment submitted on September 3, 2019 is not accepted for the reasons set forth below.
I. Material Alteration/Amendment To The Mark
The owner seeks to amend the mark in the registration from an eyeball with light blue eye lids with the inside of the eye being white having a blue pupil with a white circle inside and having two short gray arms and two short gray legs to an eyeball with dark blue eye lids, the inside of the eye being white with a black pupil and a white circle inside the pupil and the eyeball having long blue arms and long legs that are blue. The proposed amendment would result in a mark with a different visual impression from that of the original mark, i.e., the two marks do not appear as essentially the same mark. Accordingly, the Section 7 Amendment is not accepted.
II. Declaration and Signature
To verify the contents of the Section 7 Amendment, as well as any submitted corrections or further amendments, the owner may submit the following statement and declaration under 37 C.F.R. §2.20, properly signed and dated:
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statement may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the owner, and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.
__________________________
Signature of Authorized Person
__________________________
Type or Print Name
__________________________
Date
III. Signatures on Responses
The only attorneys who can practice before the USPTO in trademark matters are (1) attorneys in good standing with a bar of the highest court of any U.S. state (including the District of Columbia, Puerto Rico and other federal territories and possessions) or (2) Canadian agents/attorneys reciprocally recognized by the USPTO’s Office of Enrollment and Discipline (OED) who are appointed in connection with a U.S.-licensed attorney. See 37 C.F.R. 2.17(a), 11.14(a), (c), (e). Foreign attorneys (other than recognized Canadian attorneys) cannot sign responses or otherwise represent registrants before the USPTO. See 37 C.F.R. §11.14(c).
If the owner is not represented by an attorney, the response must be signed by the owner or by someone with legal authority to bind the owner (i.e., a corporate officer of a corporate owner, the equivalent of an officer for unincorporated organizations or limited liability company owners, a general partner of a partnership owner, each owner for registrations with multiple individual owners, etc.). TMEP §605.02.
A non-attorney who is authorized to verify facts on behalf of an owner under 37 C.F.R. §2.33(a)(2) (such as trademark administrators, accountants, business managers, administrative assistants, and personal assistants) cannot sign responses to Office actions unless he or she also has legal authority to bind the owner. See TMEP §§712.03 and 804.04.
IV. Response Guidelines
How to respond. Click to file a Response to Post-Registration Office action.
Direct questions about this Office action to the Post Registration staff member below.
/Burns Jr, Glenn R/
Trademark Specialist
Phone: 571-272-0994
Fax: 571-273-0994
Glenn.Burns@USPTO.gov
RESPONSE GUIDANCE