Reconsideration Letter

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

REQUEST FOR RECONSIDERATION

AFTER FINAL ACTION

DENIED

 

 

Issue date:  November 09, 2020

 

Applicant’s request for reconsideration is denied.  See 37 C.F.R. §2.63(b)(3).  The trademark examining attorney has carefully reviewed applicant’s request and determined the request did not:  (1) raise a new issue, (2) resolve all the outstanding issues, (3) provide any new or compelling evidence with regard to all of the outstanding issues, or (4) present analysis and arguments that were persuasive or shed new light on the outstanding issues.  TMEP §§715.03(a)(ii)(B), 715.04(a). 

 

In its October 13, 2020 Request for reconsideration, applicant claimed ownership of the cited registration in U.S. Registration No. 5941158.  Therefore, the Section 2(d) refusal made final in the Office action dated August 17, 2020 for a likelihood of confusion with U.S. Registration No. 5941158 is obviated.  See TMEP §§715.03(a)(ii)(B), 715.04(a).

 

However, applicant did not provide any further arguments relating to the Section 2(d) refusal for a likelihood of confusion with U.S. Registration No. 4238770.  Accordingly, the Section 2(d) refusal made final in the Office action dated August 17, 2020, for a likelihood of confusion with U.S. Registration No. 4238770 is maintained and continued.  Please note that this refusal applies ONLY to the following goods: “Light bulbs” in International Class 11.  See TMEP §§715.03(a)(ii)(B), 715.04(a).  Applicant may respond to the stated refusal by submitting evidence and arguments against the refusal in a request for reconsideration, or by deleting the goods to which the refusal pertains.

 

PARTIAL ABANDONMENT

If applicant does not timely file another request for reconsideration that overcomes the outstanding refusals and/or does not timely file an appeal within six months of the issue date of the August 17, 2020 final Office action, the following goods to which the final refusal applies will be deleted from the application by Examiner’s Amendment:  Light bulbs in International Class 11.  37 C.F.R. §2.65(a); see 15 U.S.C. §1062(b).

 

In such case, the application will proceed for the following goods only: 

International Class 9: All-in-one PCs; Digital door locks; Electric door bells; GPS tracking devices; Tablet computers; Electrical sockets; Humanoid robots with artificial intelligence; PC tablets

International Class 11: Electric coffee makers.

 

If applicant has already filed an appeal with the Trademark Trial and Appeal Board, the Board will be notified to resume the appeal.  See TMEP §715.04(a).

 

If applicant has not filed an appeal and time remains in the six-month response period, applicant has the remainder of that time to (1) file another request for reconsideration that complies with and/or overcomes any outstanding final requirement(s) and/or refusal(s), and/or (2) file a notice of appeal to the Board.  TMEP §715.03(a)(ii)(B).  Filing a request for reconsideration does not stay or extend the time for filing an appeal.  37 C.F.R. §2.63(b)(3); see TMEP §715.03(c). 

 

 

Young Wolfe

/Young Wolfe/

Trademark Examining Attorney

Law Office 122

571-272-5579

young.wolfe@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on November 09, 2020 for

U.S. Trademark Application Serial No. 88250506

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

Young Wolfe

/Young Wolfe/

Trademark Examining Attorney

Law Office 122

571-272-5579

young.wolfe@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from November 09, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”