Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

EXAMINER’S AMENDMENT

Issue date:  January 06, 2020

REQUEST FOR RECONSIDERATION DENIED:  PARTIAL ABANDONMENT – APPLICATION HAS BEEN AMENDED

The trademark examining attorney has carefully reviewed applicant’s request for reconsideration and is denying the request for the reasons stated below.  See 37 C.F.R. §2.63(b)(3); TMEP §§715.03, 715.03(a)(ii)(D), 718.02(a).  The refusal made final in the Office action dated July 3, 2019 is maintained and continues to be final.  See TMEP §715.03(a)(ii)(D).  Furthermore, since applicant has not filed an appeal with the Trademark Trial and Appeal Board, and there is no time remaining in the response period, the application is being held partially abandoned.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)-(a)(1); TMEP §§715.03(a)(ii)(D), (c), 718.02(a), 1714.01(a)(ii).

In the present case, applicant’s request has not resolved the outstanding issue, nor does it raise a new issue or provide any new or compelling evidence with regard to the outstanding issue in the final Office action.  Accordingly, the request is denied.

The final Office action included a refusal that applied to only a portion of the application; therefore, only that portion of the application is abandoned.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)(1); TMEP §718.02(a). 

The portion of the identification, Class 3, that was the subject of the refusal will be deleted from the application.  The application will proceed with the following identification:  Class 5 and Class 30. 

Applicant may respond by filing a petition to the Director to request a reversal of the decision to abandon the application in part.  TMEP §§715.03(a)(ii)(D), 718.02(a), 1713.01; see 37 C.F.R. §2.146.  However, the Director will reverse the decision only if there is clear error or an abuse of discretion.  In re GTE Educ. Servs., 34 USPQ2d 1478, 1479-80 (Comm’r Pats. 1994); TMEP §§715.03(a)(ii)(D), 1713.01.  A petition may be filed online via the Trademark Electronic Application System (TEAS) with a $100 fee.  See 37 C.F.R. §2.6(a)(15)(ii).

/Luke Cash Browning/

Luke Cash Browning

Trademark Examining Attorney

Law Office 127 | (571) 270-5767

Luke.Browning@USPTO.gov

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on January 06, 2020 for

U.S. Trademark Application Serial No. 88288442

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

(1)  Read the official letter.  No response is necessary.

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

/Luke Cash Browning/

Luke Cash Browning

Trademark Examining Attorney

Law Office 127 | (571) 270-5767

Luke.Browning@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).

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.”