Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Owner’s Trademark Registration

OFFICE ACTION

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:  January 5, 2021

The Section 7 New Certificate Request submitted on September 12, 2020 is not accepted for the reason(s) set forth below.

The party who filed the Section 7 New Certificate Request must establish its ownership of the subject registration, and record documents showing a complete chain of title in the Assignment Recordation Branch.  The Trademark Act requires the current owner of the registration to file the Section 7 New Certificate Request.  15 U.S.C. §1057(d); 37 C.F.R. §§2.171(a) and 3.85; TMEP §502.02.  Office records do not show clear chain of title in the party who filed the Section 7 New Certificate Request.

There is an unexplained break in the chain of title that must be corrected so that the Section 7 New Certificate Request can be processed.  The registration issued to a party named Shenzhen Weikuda Technology Co., Ltd. (China Limited Company).  However, Office record show the assignor   Shenzhen Weikuda Technology Co., Ltd. (China Limited Liability Company).  The chain of title must show clear title in the party who filed the Section 7 New Certificate Request.  All ownership changes must be properly recorded with the Assignment Recordation Branch.  15 U.S.C. §1057(d); 37 C.F.R. §§2.171(a) and 3.85; TMEP §502.03.

The party who filed the Section 7 New Certificate Request must establish its ownership of the subject registration, as well as ensure that this ownership information is recorded with the Assignment Recordation Branch.  37 C.F.R. §§2.171(a) and 3.73; TMEP §502.03.

If the wrong party filed the Section 7 New Certificate Request, then the current owner may file a new Section 7 New Certificate Request with a new fee.

The owner has six months from the issuance date of this letter to respond to all the issues raised in this letter.  In order to expedite the processing of your Section 7 New Certificate Request, the early submission of a response to this letter is encouraged.  If a complete response is not received in the Office within this time period, then the Section 7 New Certificate Request will be considered abandoned.  37 C.F.R. §2.176. 

How to respond.  Click to file a Response to Post-Registration Office action. 

Select form # 9

Direct questions about this Office action to the Post Registration staff member below.

Ma, Macy

/macyma/

Post Registration Trademark Specialist

macy.ma@uspto.gov

571-272-9538

RESPONSE GUIDANCE

• Response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS maintenance or unforeseen circumstances could affect an owner’s ability to timely respond.  

• Responses signed by an unauthorized party are not accepted or processed.  If the owner does not have an attorney, the response must be signed by the individual owner, all joint owners, or someone with legal authority to bind a juristic owner.  If the owner 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.