To: | 1872 LLC (tmapplicationfilings@amerilawyer.com) |
Subject: | U.S. Trademark Application Serial No. 88239107 - ALPENLITE - N/A |
Sent: | August 08, 2019 08:56:06 PM |
Sent As: | ecom102@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88239107
Mark: ALPENLITE
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Correspondence Address: 2674 EAST MAIN STREET, SUITE E412
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Applicant: 1872 LLC
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Reference/Docket No. N/A
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: August 08, 2019
Applicant is encouraged to email the trademark examining attorney at eli.hellman@uspto.gov to resolve the issues raised below. If the suggestions listed below are acceptable, then the examiner will issue an examiner’s amendment and approve the application for publication.
The trademark examining attorney issued an Office action on April 9, 2019, which identified certain requirements regarding the application. On July 31, 2019, the USPTO received applicant’s response filed online via the Trademark Electronic Application System (TEAS); however, the response contained no text or data but was merely a blank submission bearing applicant’s signature. In other words, the response did not address any of the refusals and/or requirements in the Office action.
A response whose entire contents comprise an applicant’s signature is not sufficient to show an applicant’s agreement with the issues raised in an Office action. To be considered a complete response, such response must explicitly address each requirement raised and be properly signed. TMEP §§715.03(a)(ii)(E), 718.03; see 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(b), 2.65(a).
Therefore, because applicant submitted a blank response, all the previously raised requirements are now made FINAL. 37 C.F.R. §2.63(b); TMEP §714.03.
Proper Response to Final Office Action
Applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond by providing one or both of the following:
(1) A response that fully satisfies all outstanding requirements and/or resolves all outstanding refusals.
(2) An appeal to the Trademark Trial and Appeal Board, with the appeal fee of $100 per class.
37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).
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.
How to respond. Click to file a response to this final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB).
/Eli J. Hellman/
Trademark Examining Attorney
United States Patent & Trademark Office
Law Office 102
(571) 272-8276
eli.hellman@uspto.gov
RESPONSE GUIDANCE