To: | Neolife International, LLC (bsb@bsbllp.com) |
Subject: | U.S. Trademark Application Serial No. 88286229 - NEOLIFE TRÉ - K375G-US496 |
Sent: | January 09, 2020 05:06:27 PM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88286229
Mark: NEOLIFE TRÉ
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Correspondence Address:
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Applicant: Neolife International, LLC
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Reference/Docket No. K375G-US496
Correspondence Email Address: |
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FINAL OFFICE ACTION
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: January 09, 2020
This Office action is supplemental to and supersedes the previous Office action issued on November 5, 2019 in connection with this application. The assigned trademark examining attorney inadvertently failed to remove the TEAS Plus status for the application. See TMEP §§706, 711.02. The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this issue(s).
This Final Action is in response to the applicant’s communication filed on October 14, 2019, in response to the April 13, 2019, Office Action. In applicant’s response, applicant submitted a new verified specimen, responded to the request for information, and provided arguments against the translation requirement and the TEAS Plus status lost requirement. As a result, the specimen refusal and request for information have been obviated. Further, in light of applicant’s response, a translation statement has been added to the record indicating that the wording “TRÉ” has no meaning in a foreign language. However, as the reasons set forth below, the TEAS Plus status lost requirement is continued and now made FINAL.
SUMMARY OF ISSUES:
TEAS PLUS STATUS LOST
This requirement is continued and now made Final
Applicant must submit an additional processing fee of $125 per class because the application as filed did not meet the TEAS Plus application filing requirements. See 37 C.F.R. §§2.6(a)(1)(v), 2.22(a), (c); TMEP §§819.01 et seq., 819.04. Specifically, applicant failed to meet the following application filing requirement(s): a translation statement of all non-English wording in the mark was not provided.
The additional fee is required even if applicant later corrects these application requirements.
In applicant’s response, applicant argues that the wording “TRÉ” does not directly translate to the English word “three” because applicant’s mark contains an acute accent diacritic over the letter “e”. See applicant’s response. Therefore, applicant asserts “it should not be required to adopt a translation of the term ‘TRÉ’ in the mark” and “its TEAS Plus status should be retained”. Id.
The Examining Attorney respectfully disagrees. Although, the Examining Attorney agrees with applicant that a translation statement indicating that the English translation of “TRÉ” in the mark is “three” is not accurate, since the wording “TRÉ” does not appear in the English dictionary, a translation statement indicating that the wording has no meaning in a foreign language is still required. See attached evidence. Thus, applicant failed to meet the TEAS Plus application filing requirements and this refusal is continued and made FINAL. Applicant is encouraged to submit the additional processing fee for each class.
RESPONSE GUIDELINES
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 filed using the Trademark Electronic Application System (TEAS) that fully satisfies all outstanding requirements and/or resolves all outstanding refusals; and/or
(2) an appeal to the Trademark Trial and Appeal Board filed using the Electronic System for Trademark Trials and Appeals (ESTTA) with the required filing fee of $200 per class.
37 C.F.R. §2.63(b)(1)-(2); 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. TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). There is a fee required for filing a petition. 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 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).
/Carolyn Wlodarczyk/
Carolyn Wlodarczyk
Trademark Examining Attorney
Law Office 109
571-272-9273
carolyn.wlodarczyk@uspto.gov
RESPONSE GUIDANCE