To: | Fennell, Keith (onsproductsinc@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88236783 - ONE NIGHT STAND - N/A |
Sent: | December 05, 2019 04:01:08 PM |
Sent As: | ecom107@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88236783
Mark: ONE NIGHT STAND
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Correspondence Address:
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Applicant: Fennell, Keith
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Reference/Docket No. N/A
Correspondence Email Address: |
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Issue date: December 05, 2019
Notice of Incomplete Response – Response Not Signed by a Proper Party
Deadline for responding to this notice. To avoid abandonment of the application, the USPTO must receive a properly signed response within either (1) thirty days from the issue date above, or (2) the time remaining in the six-month period for responding to the previous Office action, whichever is longer. TMEP §712.03; see 37 C.F.R. §2.65(a)(2). The response must be received by the USPTO no later than midnight Eastern Time of the last day of the response deadline.
Response is not signed by a proper party and cannot be accepted. Applicant filed a response on September 14, 2019 that appears to have been signed by a person with no legal authority to bind or represent applicant. Specifically, the application was signed by “Keith Fennell” while the response was signed “William K Fennell.” Additionally, applicant’s entity type is listed as an individual but applicant listed its position as “president” which creates an inconsistency. The USPTO cannot accept a response signed by an improper party; therefore, the contents will not be reviewed. See 37 C.F.R. §2.62(b); TMEP §718.03.
Resubmit a properly signed response or provide an explanation. Applicant must either (1) resubmit the entire response signed by a proper party, or (2) provide an explanation of the signer’s legal authority to bind or represent applicant. See 37 C.F.R. §§2.17(b)(2), 2.61(b), 2.62(b). <Click to respond to a previous nonfinal Office action. See below for information about who can sign a response.
Who can sign the response.
Applicant does not have an attorney. The response must be signed by (1) the individual applicant, (2) someone with legal authority to bind a juristic applicant (e.g., a corporate officer of a corporation, or a general partner of a partnership), or (3) all joint applicants. See 37 C.F.R. §2.193(e)(2)(ii); TMEP §§611.06(a)-(h), 712.01.
Applicant has an attorney. The attorney must sign the response. 37 C.F.R. §2.193(e)(2)(i); TMEP §712.01. The only attorneys who may sign responses are (1) attorneys in good standing with a bar of the highest court of any U.S. state or territory, and (2) Canadian trademark attorneys or agents reciprocally recognized by the USPTO’s Office of Enrollment and Discipline (OED). See 37 C.F.R. §§2.17(a), 11.14(a), (c), (e); TMEP §602.
The USPTO must receive a properly signed response before the deadline or the USPTO will consider the application abandoned. 37 C.F.R. §2.65(a); TMEP §718.03. In such case, applicant may file a new application with a new fee. A petition to the Director to reverse the holding of abandonment may be granted in very limited circumstances as outlined in TMEP §1713.01.
/Faucette, Max/
Trademark Examining Attorney
Law Office 107
(571)270-5655
max.faucette@uspto.gov