To: | Shenzhen Daosen Vaping Technology CO.,LT ETC. (IPservice010@outlook.com) |
Subject: | U.S. Trademark Application Serial No. 88280097 - TIP - N/A |
Sent: | November 05, 2019 04:44:35 PM |
Sent As: | ecom122@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88280097
Mark: TIP
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Correspondence Address:
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Applicant: Shenzhen Daosen Vaping Technology CO.,LT ETC.
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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: November 05, 2019
This Office action is supplemental to and supersedes the previous Office action issued on April 27, 2019, in connection with this application. Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new requirements: U.S.-Licensed Attorney Required. See TMEP §§706, 711.02.
In a previous Office action dated April 27, 2019, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Section 2(e)(1) Merely Descriptive. In addition, applicant was required to satisfy the following requirement: clarify the mark description.
Based on applicant’s response, the trademark examining attorney notes that the following requirement has been satisfied: clarification of mark description provided. See TMEP §713.02.
The following refusal(s) have also been obviated: amendment to the Supplemental Register in response to Section 2(e) refusal. See id.
The following is a SUMMARY OF ISSUES that applicant must address:
• NEW ISSUE: Requirement: U.S.-Licensed Attorney - Attorney Name and Information Invalid or Incomplete
Applicant must respond to all issues raised in this Office action and the previous April 27, 2019 Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
ATTORNEY INFORMATION INVALID OR INCOMPLETE
Applicant must be represented by a U.S.-licensed attorney. An applicant whose domicile is located outside of the United States or its territories is foreign-domiciled and must be represented at the USPTO by an attorney who is an active member in good standing of the bar of the highest court of a U.S. state or territory. 37 C.F.R. §§2.11(a), 11.14; Requirement of U.S.-Licensed Attorney for Foreign-Domiciled Trademark Applicants & Registrants, Examination Guide 4-19, at I.A. (Rev. Sept. 2019). An individual applicant’s domicile is the place a person resides and intends to be the person’s principal home. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. A juristic entity’s domicile is the principal place of business; i.e., headquarters, where a juristic entity applicant’s senior executives or officers ordinarily direct and control the entity’s activities. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. Because applicant is foreign-domiciled, applicant must appoint such a U.S.-licensed attorney qualified to practice under 37 C.F.R. §11.14 as its representative before the application may proceed to registration. 37 C.F.R. §2.11(a). See Hiring a U.S.-licensed trademark attorney for more information.
Applicant has provided attorney information that appears to be invalid because it does not identify an individual qualified to practice before the USPTO under 37 C.F.R. §11.14. See 37 C.F.R. §2.17(a). Specifically, the application record lists applicant’s attorney as “Abraham”, which appears to merely identify a single name rather than a full name need to identify the attorney. Because the name listed in the application record does not appear to be that of a qualified practitioner, the USPTO has removed any related correspondence information that includes this name and is issuing this Office action directly to applicant at the address in the initial application. See 37 C.F.R. §2.18(a)(5); TMEP §609.01.
Applicant must appoint a U.S.-licensed attorney as its representative before the application may proceed to registration. 37 C.F.R. §§2.2(o), 2.11(a). See Hiring a U.S.-licensed trademark attorney for more information.
To appoint a U.S.-licensed attorney. To appoint an attorney, applicant should submit a completed Trademark Electronic Application System (TEAS) Revocation, Appointment, and/or Change of Address of Attorney/Domestic Representative form. The newly-appointed attorney must submit a TEAS Response to Examining Attorney Office Action form indicating that an appointment of attorney has been made and address all other refusals or requirements in this action, if any. Alternatively, if applicant retains an attorney before filing the response, the attorney can respond to this Office action by using the appropriate TEAS response form and provide his or her attorney information in the form and sign it as applicant’s attorney. See 37 C.F.R. §2.17(b)(1)(ii).
Attorney bar credentials required if listed individual is a U.S.-licensed attorney. If “Abraham” identifies an individual qualified to practice before the USPTO under 37 C.F.R. §11.14, applicant must provide documentation establishing the attorney’s active bar membership in good standing of the bar of a U.S. state or territory, such as a certificate of good standing, an official letter from the bar, or if the bar’s online database lists a member’s standing and admission details, a printout from the website of the specified bar showing the URL and print date. 37 C.F.R. §§2.17(b)(3), 2.61(b). If the documentation provided establishes that “Abraham” is qualified to practice before the USPTO under 37 C.F.R. §11.14, the requirement to appoint another U.S.-licensed attorney as applicant’s representative will be withdrawn. Otherwise, applicant must appoint or designate an attorney who is qualified to practice before the USPTO under 37 C.F.R. §11.14. See 37 C.F.R. §2.17(a).
Failure to comply with this requirement is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. Merely stating that the attorney’s bar information is available on a state bar’s website is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004). Applicant also is advised that providing false statements or documentation concerning applicant’s domicile address or in response to this request for documentation is deemed submitting a paper for an improper purpose in violation of 37 C.F.R. §11.18(b), and subject to the sanctions and actions provided in 37 C.F.R. §11.18(c). See 37 C.F.R. §2.11(e).
RESPONSE GUIDELINES
For this application to proceed toward registration, applicant must explicitly address each refusal and/or requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options for responding to a refusal and should consider such options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.
If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end, the trademark will fail to register, and the application fee will not be refunded. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02. Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to active status. See 37 C.F.R. §2.66; TMEP §1714. There is a $100 fee for such petitions. See 37 C.F.R. §§2.6, 2.66(b)(1).
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
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
/C. Scott Strickland/
C. Scott Strickland
Examining Attorney
Law Office 122
571-272-3277
scott.strickland@uspto.gov
RESPONSE GUIDANCE