To: | Shaoxing Xiangying Textile Co., Ltd. (us_sunnyipr@163.com) |
Subject: | U.S. Trademark Application Serial No. 88251538 - SMILE - N/A |
Sent: | August 09, 2019 09:28:17 PM |
Sent As: | ecom103@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88251538
Mark: SMILE
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Correspondence Address: |
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Applicant: Shaoxing Xiangying Textile Co., Ltd.
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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). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: August 09, 2019
This Office action is supplemental to and supersedes the previous Office action issued earlier today on August 9, 2019 in connection with this application. The assigned trademark examining attorney inadvertently omitted a maintained advisory relevant to the mark in the subject application. See TMEP §§706, 711.02. Specifically, applicant did not maintain the advisory regarding a prior-filed application for a mark that potentially may create a bar to registration, if such application matures to registration.
The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this issue(s).
Applicant must address all issue(s) raised in this Office action, in addition to the issues raised in the Office action dated August 9, 2019 (from earlier today). The issue(s) raised in the previous August 9, 2019 Office action is/are as follow and is/are maintained: (a) Ownership Refusal; (b) Validity of Use in Commerce; (c) U.S. Counsel Required; (d) Specimen Unacceptable; and (e) Request for Information (specimen).
The trademark examining attorney maintains that the following refusal(s) and/or requirement(s) has been satisfied: mark description requirement. See TMEP §713.02.
The following is a SUMMARY OF ISSUES that applicant must address:
• NEW ISSUE (Maintained from March 25, 2019 Office Action): Prior-filed application (advisory)
• Ownership Refusal
• Validity of Use in Commerce
• U.S. Counsel – Required
• Specimen Unacceptable
• Request for Information (specimen)
RESPONSE GUIDELINES
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
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 nonfinal Office action
/Erin Z. Dyer/
Erin Zaskoda Dyer
Examining Attorney
Law Office 103
(571) 272-9740
erin.zaskoda@uspto.gov (preferred)
RESPONSE GUIDANCE