Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

FINAL OFFICE ACTION

 

 

Issue date:  May 11, 2020

 

 Notice of Incomplete Response – Applicant Must Address All Issues – Final Continued

 

Deadline for responding to this notice.  To avoid abandonment of the application, the USPTO must receive a properly signed response using the Trademark Electronic Application System (TEAS) 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 final 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.    

 

Any appeal to the Trademark Trial and Appeal Board or petition to the Director must be filed within six months of the issue date of the previous final Office action, dated October 21, 2019.  15 U.S.C. §1062(b); 37 C.F.R. §§2.142(a), 2.146(d); TMEP §718.03(b).  This notice does not extend the time for filing an appeal or petitioning a final action.  TMEP §718.03(b); see 37 C.F.R. §2.65(a)(2).  

 

Response is incomplete.  The response filed April 20, 2020 contained only an electronic signature, with no other content.  Thus, applicant’s response is considered incomplete as it did not address or acknowledge any of the issues raised in the previous final Office action issued October 21, 2019.  To be complete, an applicant’s response must attempt to resolve all the issues raised in an outstanding Office action and be properly signed.  TMEP §718.03; see 37 C.F.R. §2.65(a).

 

Applicant must timely submit a complete response.  Within the deadline above, applicant must submit a complete response that resolves all the issues raised in the previous outstanding final Office action and is properly signed.  TMEP §§715.03(a)(ii)(E), 718.03(b); see 37 C.F.R. §2.65(a)(2). 

 

After submission of complete response, review email acknowledgement.  After responding to this letter, applicant should review the resulting email acknowledgement of the submission to ensure that all the data entered by applicant in the response form appears in the email.  If any data is missing from the email acknowledgement, the USPTO has not received that data and the response may not be complete.  If this occurs, applicant should immediately resubmit a response that includes the data if time remains to respond.  If applicant has technical questions about the TEAS response to Office action form, applicant can view Electronic Filing Tips for TEAS on the USPTO’s website and email technical questions to TEAS@uspto.gov.

 

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 and/or file a petition to the Director with a fee to attempt to revive the abandoned application.  However, the Director will grant the petition only in the rare circumstance that the application was abandoned due to clear procedural error or abuse of discretion on the part of the trademark examining attorney.  TMEP §718.03(b); see 37 C.F.R. §2.146(a)(3).

 

How to respond.  Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).

 

 

/Andrea B. Cornwell/

Andrea B. Cornwell

Examining Attorney

Law Office 115

571-272-4608

andrea.cornwell@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant 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.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on May 11, 2020 for

U.S. Trademark Application Serial No. 88270337

 

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. 

 

 

/Andrea B. Cornwell/

Andrea B. Cornwell

Examining Attorney

Law Office 115

571-272-4608

andrea.cornwell@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 May 11, 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.”