Informal Application

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

NOTICE OF INCOMPLETE TRADEMARK APPLICATION

 

 

Serial Number  88/294457

 

The above-referenced trademark application is being returned to you because it does not meet the minimum requirements for receiving a filing date for the reason(s) stated below.

 

                         

Under 37 C.F.R. §2.21(a), the USPTO will grant a filing date to an application under §1 or §44 of the Trademark Act that is in English and contains all of the following:

 

(1) The name of the applicant;

(2) A name and address for correspondence;

(3) A clear drawing of the mark;

(4) A listing of the goods or services; and

(5) The filing fee for at least one class of goods or services.

 

In this case, the application does not contain an acceptable listing of goods and/or services in connection with which the mark will be used.  The wording you entered in the field for identifying the goods and/or services (i.e., “Media Content”) does not identify recognizable goods or services.  In a TEAS application, only goods and/or services listed in the proper field will be considered part of the identification.  Trademark Manual of Examining Procedure (TMEP) §1402.01(d).

 

The filing date will be denied if the identification of goods or services is blank or recites only the following:

 

(1) The mark itself;

(2) A class number;

(3) Wording such as “company name,” “corporate name” or “company logo;”

(4) “Internet services” or “e-commerce services;”

(5) “Business” or “business services;”

(6) “Miscellaneous” or “miscellaneous services;” or

(7) “Personal services.”

 

TMEP §§202.02 and 1402.02. 

 

The USPTO maintains a listing of acceptable identifications of goods and services in the Acceptable Identification of Goods and Services Manual.  The Manual contains precise identifications that will be accepted and also indicates the kinds of identifications that will be acceptable for products and services not covered by the existing listings.  The Manual can be downloaded free of charge from the USPTO website at http://www.gov.uspto.report/.

 

The serial number assigned to this application has been cancelled and the fee paid for the application will be refunded to you in due course.

 

You may file a new application containing the required element(s).  The United States Patent and Trademark Office recommends that new applications be filed using the Trademark Electronic Application System (TEAS), available over the Internet at http://www.gov.uspto.report/.  Please note that only goods and/or services listed in the proper field on a TEAS application will be considered for determining whether the application meets the requirements for receipt of a filing date.  TMEP §1404.02.

 

Because of the legal technicalities and strict deadlines involved in the USPTO application process, you may wish to hire a private attorney specializing in trademark matters to represent you in this process and provide legal advice.  Although a USPTO trademark examining attorney is permitted to help an applicant understand the contents of an Office action as well as the application process in general, no USPTO attorney or staff is permitted to give an applicant legal advice or statements about an applicant’s legal rights.  TMEP §§705.02, 709.06.

 

For attorney referral information, you may consult the American Bar Association’s Consumers’ Guide to Legal Help at http://www.americanbar.org/groups/legal_services/flh-home.html, an attorney referral service of a state or local bar association, or a local telephone directory.  The USPTO may not assist an applicant in the selection of a private attorney.  37 C.F.R. §2.11.

 

Advisory:  The USPTO proposes to change federal trademark rules to require applicants and registrants to: (1) file submissions concerning applications and registrations online using the USPTO’s Trademark Electronic Application System (TEAS); and (2) provide and maintain an accurate email address for receiving correspondence from the USPTO.  See the Mandatory Electronic Filing Rules webpage, accessible at http://www.gov.uspto.report/trademark/laws-regulations/mandatory-electronic-filing for more information.

 

 

 

                                                            Commissioner for Trademarks

                                                            P.O. Box 1451

                                                            Alexandria, VA 22313-1415

 

Instructions for applications returned in error:  If you believe this application was returned in error, you may file a request to restore the filing date.  First, you should re-file your application, including the required application filing fee.  The Office recommends using the Trademark Electronic Application System (TEAS) located at http://www.gov.uspto.report/teas/index.html.

 

After you re-file the application and receive a new serial number, fax your request to restore the original filing date to the Petitions Office at 571-273-8950.  This request should state the reasons why you believe the filing date was denied in error and must include (1) the new serial number and (2) a copy of this Notice of Incomplete Trademark Application.  Although applicants have two (2) months from the mailing date of this notice to file a request to restore the original filing date, the request should be filed immediately upon receipt of the new serial number to ensure that it will be processed in a timely manner.

If you have any questions, please call the Trademark Assistance Center (TAC) at 1-800-786-9199, or send an email to TrademarkAssistanceCenter@uspto.gov.  Please visit the USPTO website at http://www.uspto.gov for a list of trademark services available electronically.