To: | Globe Life And Accident Insurance Compan ETC. (trademark@boulwarevaloir.com) |
Subject: | U.S. Trademark Application Serial No. 88289040 - FIRSTSTEP - UA-88289040 |
Sent: | August 19, 2020 11:23:37 AM |
Sent As: | ecom107@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88289040
Mark: FIRSTSTEP
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Correspondence Address: |
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Applicant: Globe Life And Accident Insurance Compan ETC.
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Reference/Docket No. UA-88289040
Correspondence Email Address: |
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NONFINAL 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). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: August 19, 2020
The statement of use has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Dates of Use Unacceptable
The statement of use sets forth dates of first use anywhere and in commerce of the mark that are after the date the statement of use was signed and filed, and clarification is required regarding the basis for registration. See 37 C.F.R. §2.61(b); TMEP §§903.04, 1109.09(a). Specifically, the statement of use sets forth the following date(s) of use: 7/00/2020. The USPTO interprets the date(s) as 7/31/2020. See TMEP §903.06. This date is after the date the statement of use was signed and filed, 7/16/2020. Although applicant has provided dates of use that are before the expiration of the statutory period for filing the statement of use, applicant may not allege use that has not yet occurred. See TMEP §903.04.
Applicant may respond to this refusal by satisfying one of the following:
(1) If the dates of use are correct, applicant must resubmit (1) date of first use of the mark anywhere and (2) date of first use of the mark in commerce, verified with an affidavit or signed declaration under 37 C.F.R. §2.20. TMEP §903.04; see 37 C.F.R. §§2.71(c), 2.193(e)(1); TMEP §1109.09(a). Any amended dates of first use should be dates that are prior to the expiration of the deadline for filing the statement of use and prior to the date the amendment was signed and filed; an applicant may not allege use that has not yet occurred. See TMEP §§903.04, 1109.09(a).
(2) If the dates of use are incorrect but the correct dates are on or before the expiration of the deadline for filing a statement of use, the applicant must provide the correct dates of use, verified with an affidavit or signed declaration under 37 C.F.R. §2.20. TMEP §903.04.
If the mark was not in use in commerce before the expiration of the time allowed for filing a statement of use, the application will be abandoned. TMEP §903.04; see C.F.R. §2.88(k). Applicant may not withdraw the statement of use or amend the application back to intent to use under Trademark Act Section 1(b). 37 C.F.R. §2.88(f); TMEP §§903.04, 1109.17.
For an overview of the requirements for providing verified date(s) of use and instructions on how to satisfy these requirements online using the Trademark Electronic Application System (TEAS) form, please go to the Dates of Use webpage.
How to respond. Click to file a response to this nonfinal Office action.
If applicant has any questions, please email or telephone the examiner at the address or number provided below.
/Kevin M. Dinallo/
Examining Attorney - LO 107
kevin.dinallo@uspto.gov
571-272-9731
RESPONSE GUIDANCE