Offc Action Outgoing

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NTT DOCOMO, INC.

U.S. TRADEMARK APPLICATION NO. 88303861 - D - 49854.0138


UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

U.S. APPLICATION SERIAL NO.  88303861

 

MARK: D

 

 

        

*88303861*

CORRESPONDENT ADDRESS:

       KAZUYO MORITA

       HOLLAND & HART LLP

       P.O. BOX 8749

       ATTN: TRADEMARK DOCKETING

       DENVER, CO 80201

 

CLICK HERE TO RESPOND TO THIS LETTER:

http://www.gov.uspto.report/trademarks/teas/response_forms.jsp

 

VIEW YOUR APPLICATION FILE

 

APPLICANT: NTT DOCOMO, INC.

 

 

 

CORRESPONDENT’S REFERENCE/DOCKET NO:  

       49854.0138

CORRESPONDENT E-MAIL ADDRESS: 

       docket@hollandhart.com

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.  A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.

 

 

ISSUE/MAILING DATE: 6/22/2019

 

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

SUMMARY OF ISSUES:

 

  1. Requirement for a translation and transliteration.
  2. Requirement for clarification of the identification of goods and services.
  3. Requirement for compliance with the multiple-classification requirements.
  4. Requirement for a disclaimer.
  5. Requirement for information.

 

Search

 

The trademark examining attorney has conducted an initial search of the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).  However, an additional search will be conducted as to some of the Class 9 goods once an acceptable identification of goods and services has been provided.  It is noted that items such as “computer firmware” and “encoded magnetic cards” are overly broad and must be clarified so that a proper search may be conducted.

 

However, applicant must respond to the following refusal(s) and/or requirement(s).

 

1)  Translation/Transliteration

 

To permit proper examination of the application, applicant must submit both (1) an English translation of the foreign wording in the mark (see attached translation evidence comprising the final attachment hereto); and (2) a transliteration (a phonetic spelling of the pronunciation, in Latin characters) of any non-Latin characters in the mark, with either an English translation of the corresponding non-English transliterated wording or a statement that the transliterated term has no meaning in a foreign language.  See 37 C.F.R. §§2.32(a)(9)-(a)(10), 2.61(b); TMEP §809. 

 

Because the transliterated wording has an English translation, applicant should use the following format, if accurate: 

 

The English translation of “POINTO KADO” is “LOYALTY CARD.”  The non-Latin characters in the mark transliterate to “POINTO KADO” and this means “LOYALTY CARD” in English. 

 

TMEP §809.03. 

 

2)  Identification of Goods/Services

 

The identification of services in Class 36 is acceptable.

 

However, some of the wording in the other classes in the identification of goods/services is indefinite and must be clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant also must adopt the appropriate international classification number for the goods and/or services identified in the application.  The USPTO follows the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), established by the World Intellectual Property Organization, to classify goods and services.  See 37 C.F.R. §2.85(a); TMEP §§1401.02, 1401.02(a).

 

As a preliminary matter, please note that, generally, applicants should not use parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and brackets in registrations to indicate goods and/or services that have been deleted from registrations or in an affidavit of incontestability to indicate goods and/or services not claimed.  See TMEP §1402.12.  The only exception is that parenthetical information is permitted in identifications in an application if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity or scope of the identification.  Id. 

 

The discussion below regarding the identification will therefore, include instructions to delete some of the parentheses in the identification.  Please also note that any brackets included in the examining attorney’s suggested identifications below merely contain instructions or guidance for applicant.  No brackets should remain in the final identification(s).

 

Each class is addressed separately below.

 

Class 9

 

“Downloadable animation” must be amended to clarify the nature of the “animation,” e.g., “downloadable children’s motion picture films featuring animation.”

 

For grammatical purposes, “for mobile phone” in “downloadable ring tones for mobile phone” must be amended to “for mobile phones.”  For grammatical purposes “for use global” in the wording “downloadable operating software in the nature of a mobile application for use global positioning systems (GPS) and communication networks” must be clarified by inserting “in” between “use” and “global.”

 

Applicant must remove the parentheses in the following wording and clarify the wording in “computer game programs (software).”  Applicant also must clarify the wording because the wording does not make clear the nature of the software and could identify goods and/or services in at least two international classes – as a product in International Class 9 or a service in International Class 41.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.03(d), 1402.11(a).  Computer game software is a product classified in International Class 9 if it is (1) recorded on media (such as CDs) or (2) downloadable and thus can be transferred or copied from a remote computer system for use on a long-term basis.  TMEP §1402.03(d).  However, providing on-line non-downloadable game software is considered a computer service in International Class 41 (note that other types of online nondownloadable software are classified in Class 42).  See TMEP §§1402.03(d), 1402.11(a)(xii).  Thus, applicant must clarify the nature of and properly classify the software.

 

Here, the use of “GPS” is parentheses is acceptable.  However, the other parentheses in the Class 9 identification should be removed and the wording therein clarified and incorporated into the identification.

 

As noted above, the discussion below regarding the identification includes instructions to delete some of the parentheses in the identification.  Please also note that any brackets included in the examining attorney’s suggested identification below are used merely to provide instructions or guidance for applicant.  No brackets should remain in the final identification.

 

“Computer e-commerce software for facilitating commercial transaction” must be amended for grammatical purposes by changing “transaction” to “transactions.”  The nature of the software also must be clarified.  As noted above, computer software is a product classified in International Class 9 if it is (1) recorded on media (such as CDs) or (2) downloadable and thus can be transferred or copied from a remote computer system for use on a long-term basis.  TMEP §1402.03(d).  However, on-line non-downloadable software is generally considered a computer service in International Class 42 (when it is not game software).  See TMEP §§1402.03(d), 1402.11(a)(xii).  Thus, applicant must clarify the nature of and properly classify the software.

 

Applicant must clarify the nature of the following software items as it is unclear if they are recorded, downloadable or nondownloadable and provided online: computer application software for disseminating advertising for others; computer application software for facilitating payment transactions by electronic means.

 

Applicant must clarify the nature of and the function(s) of the following software: computer application software for social networking services via internet; computer software for the identification and authentication; computer firmware.  It must be clear if the software is downloadable, recorded or online nondownloadable software.  The functions of the social networking and the identification and authentication software must be clarified.  Moreover, the function (and field if it is field-specific) must be clarified for the “computer firmware.”

 

“Encoded magnetic cards” is indefinite and must be clarified.  It is not a known item (like a gift card) and/or could encompass a variety of different cards, e.g., “gift cards” or “pre-paid telephone cards” with different customers and trade channels so the applicant should state the feature or use of the card. 

 

“Credit cards (encoded)” must be amended to remove the parentheses and clarify the nature of the encoded credit cards, e.g., “magnetically encoded credit cards.”  Applicant must similarly clarify the nature of the “identity cards (encoded).”

 

“Smart card (integrated circuit cards) reader and writer” must be amended to delete the parentheses and clarify the wording therein.  The nature of the “writer” also must be clarified.

 

The nature of the following also must be clarified: magnetic payment cards; payment terminals, money dispensing and sorting devices; credit card terminals.

 

Applicant may substitute the following wording, if accurate.

 

Downloadable audio and video files for children featuring animation in the field of automobiles, cats and dogs and sports for mobile phones; downloadable ring tones, music, electronic games, and image files in the field of automobiles, cats and dogs and sports for mobile phones; Downloadable databases in the field of payment processing and marketing; Computer operating programs, recorded; Downloadable ring tones for mobile phones; Consumer coupons downloaded from a global computer network; Downloadable computer game software programs; Recorded computer game software programs; Downloadable operating software in the nature of a mobile application for use in global positioning systems (GPS) and communication networks; Recorded computer application software for disseminating advertising for others; Downloadable computer application software for use in conducting social networking services via the internet; Recorded computer application software for facilitating payment transactions by electronic means; Recorded computer software for the identification and authentication of __________ [specify what is identified or authenticated, e.g., personal identification numbers]; recorded computer firmware for use in ______________ [specify function and, if the software is field-specific, then specify the field, e.g., for use in database management in the medical field]; Recorded computer e-commerce software for facilitating commercial transactions; Computer operating systems; Encoded magnetic cards, namely, ___________ [specify type of cards, e.g., magnetically encoded key cards, magnetically encoded credit cards]; Magnetically encoded credit cards; Encoded identity cards, namely, magnetic identifying cards; Magnetic payment cards, namely, magnetically encoded credit cards; Electronic payment terminals; Money dispensing and sorting devices, namely, ________ [specify common commercial name, e.g., automatic teller machines (ATMs)]; Credit card terminals, namely, ________ [specify common commercial name, e.g.,  electronic machines for reading credit cards and recording credit card financial transactions]; Smart card reader-writers, namely, smart integrated circuit card readers that are also encoders for encoding the smart integrated circuit cards, in Class 9.

 

Providing online non-downloadable computer game software, in Class 41.

 

Class 35

 

Applicant must further clarify the nature of the following: advertising services in the form of searchable online advertising guides;

 

“Provision of advertising space, time and media” must be amended to specify the type of “space,” e.g., “providing advertising space at a website for the advertisement of the goods and services of others.”  Additionally, the wording as to “time and media” is a bit awkward and unclear.  Thus, clarification s required.

 

“Commercial information and advice for consumers” is slightly awkward.  It would be helpful if applicant added “providing” at the beginning to clarify that it is a service. 

 

For grammatical purposes, “function” should be amended to “functions” in “providing office function.”

 

Applicant may substitute the following wording, if accurate.

 

Sales promotion for others; Advertising agency services; On-line advertising on a computer network; Advertising services, namely, providing a searchable online advertising guide featuring the goods and services of online vendors; Public relations; Provision of advertising space, time and media, namely, providing advertising space at a website for the advertisement of the goods and services of others, renting of advertising time on communications media, and creating and disseminating advertisements; Distribution of advertising materials; Administration of a consumer loyalty program to promote restaurant services and retail services of others; Promoting the goods and services of others by distributing electronic coupons; Providing commercial information and advice for consumers; Market research; Computerized database management; Computer file management; Providing office functions, in Class 35.

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual.  See TMEP §1402.04.

 

3)  Multiple-classification Requirements

 

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(1)       List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)       Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule).  The application identifies goods and/or services that could be classified in at least four classes; however, applicant submitted a fee(s) sufficient for only three class(es).  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

4)  Disclaimer

 

Applicant must provide a disclaimer of the unregistrable part(s) of the applied-for mark even though the mark as a whole appears to be registrable.  See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(a).  A disclaimer of an unregistrable part of a mark will not affect the mark’s appearance.  See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 979-80, 144 USPQ 433, 433 (C.C.P.A. 1965).

 

In this case, applicant must disclaim the non-Latin characters that transliterate to “POINTO KADO” as to “downloadable databases in the field of payment processing and marketing; computer operating programs, recorded; consumer coupons downloaded from a global computer network; computer game programs (software); downloadable operating software in the nature of a mobile application for use global positioning systems (GPS) and communication networks; computer application software for disseminating advertising for others; computer application software for social networking services via internet; computer application software for facilitating payment transactions by electronic means; computer firmware; computer e-commerce software for facilitating commercial transaction; encoded magnetic cards; credit cards (encoded); identity cards (encoded); magnetic payment cards” in Class 9, as to “sales promotion for others; advertising agency services; on-line advertising on a computer network; advertising services in the form of searchable online advertising guides; public relations; provision of advertising space, time and media; distribution of advertising materials; administration of a consumer loyalty program to promote restaurant services and retail services of others; promoting the goods and services of others by distributing electronic coupons; commercial information and advice for consumers; market research; computerized database management” in Class 35, and as to “insurance services, namely, underwriting, issuing and administration of life health, accident, fire and marine insurance; insurance information; banking; issuing prepaid debit cards; loyalty coupon payment processing services; credit card payment processing services; payment verification services; issuing prepaid credit cards; credit reporting services; credit card verification; credit card transaction processing services” in Class 36 because the wording is not inherently distinctive.  These unregistrable term(s) at best are merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services.  See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a). 

 

A mark that describes an intended user or group of users of a product or service is merely descriptive.  E.g., In re Planalytics, Inc., 70 USPQ2d 1453 (TTAB 2004) (holding GASBUYER merely descriptive of intended user of risk management services in the field of pricing and purchasing natural gas); In re Camel Mfg. Co., 222 USPQ 1031 (TTAB 1984) (holding MOUNTAIN CAMPER merely descriptive of intended users of retail and mail order services in the field of outdoor equipment and apparel); see TMEP §1209.03(i).  Similarly, terms that describe the provider of a product or service may also be merely descriptive of the product and/or service.  See In re The Chamber of Commerce of the U.S., 675 F.3d 1297, 1301, 102 USPQ2d 1217, 1220 (Fed. Cir. 2012) (affirming Board’s finding that NATIONAL CHAMBER was merely descriptive of online service providing directory information for local and state chambers of commerce and business and regulatory data analysis services to promote the interest of businessmen and businesswomen); In re Major League Umpires, 60 USPQ2d 1059, 1060 (TTAB 2001) (holding MAJOR LEAGUE UMPIRE merely descriptive of clothing, face masks, chest protectors and shin guards); TMEP §1209.03(q).

 

The attached definitions and translation information establishes that the non-Latin characters in the mark transliterate to “POINTO KADO,” which means “LOYALTY CARD.”  The attached definitions and Internet excerpts establish that “LOYALTY CARD” refers to a card that is given to a customer by a business, used by the business to reward the customer for buying goods or services and to record information about what they buy.  It is presumed that the services feature loyalty cards and are for use by loyalty card businesses.  It is similarly presumed that the goods in Class 9 are specifically for use by loyalty card members or for loyalty card-related uses/purposes.  Thus, the foreign wording in the mark that means “LOYALTY CARD” merely describes applicant’s aforementioned goods/services and must be disclaimed.

 

Non-English wording that is merely descriptive, deceptively misdescriptive, geographically descriptive, generic, or informational in connection with the identified goods and/or services, is an unregistrable component of a mark that is subject to disclaimer.  TMEP §§1213.03(a), 1213.08(d); see Bausch & Lomb Optical Co. v. Overseas Fin. & Trading Co., 112 USPQ 6, 8 (Comm'r Pats. 1956).  The disclaimer must refer to the non-Latin characters and the transliteration (a phonetic spelling of the pronunciation, in Latin characters); e.g., “the non-Latin characters that transliterate to POINTO KURABU.’”  TMEP §1213.08(d).

 

Applicant may respond to this issue by submitting a disclaimer in the following format: 

 

No claim is made to the exclusive right to use the non-Latin characters that transliterate to “POINTO KADO” as to "downloadable databases in the field of payment processing and marketing; computer operating programs, recorded; consumer coupons downloaded from a global computer network; computer game programs (software); downloadable operating software in the nature of a mobile application for use global positioning systems (GPS) and communication networks; computer application software for disseminating advertising for others; computer application software for social networking services via internet; computer application software for facilitating payment transactions by electronic means; computer firmware; computer e-commerce software for facilitating commercial transaction; encoded magnetic cards; credit cards (encoded); identity cards (encoded); magnetic payment cards" in Class 9, as to "sales promotion for others; advertising agency services; on-line advertising on a computer network; advertising services in the form of searchable online advertising guides; public relations; provision of advertising space, time and media; distribution of advertising materials; administration of a consumer loyalty program to promote restaurant services and retail services of others; promoting the goods and services of others by distributing electronic coupons; commercial information and advice for consumers; market research; computerized database management" in Class 35, and as to "insurance services, namely, underwriting, issuing and administration of life health, accident, fire and marine insurance; insurance information; banking; issuing prepaid debit cards; loyalty coupon payment processing services; credit card payment processing services; payment verification services; issuing prepaid credit cards; credit reporting services; credit card verification; credit card transaction processing services" in Class 36 apart from the mark as shown. 

 

For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage. 

 

5)  Information Requirement

 

To permit proper examination of the application, applicant must state which goods or services feature customer loyalty cards, are for use with or for loyalty cards, for purposes customer loyalty cards, or are for customer loyalty card members or providers.  See 37 C.F.R. §2.61(b); TMEP §§814, 1402.01(e). 

 

Failure to comply with a request for information is grounds for refusing registration.  In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.  Merely stating that information about the goods or services is available on applicant’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).

 

Advisory

           

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.  

 

Please do not hesitate to contact the undersigned with any questions.

 

/MaureenDallLott/

 

Maureen Dall Lott

Trademark Examining Attorney, Law Office 105

United States Patent and Trademark Office

571-272-9714

maureen.lott@uspto.gov

 

TO RESPOND TO THIS LETTER:  Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

 

All informal e-mail communications relevant to this application will be placed in the official application record.

 

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the response. 

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

ADVISORY FOR FOREIGN DOMICILED APPLICANTS:  In spring 2019, the USPTO is likely to issue proposed changes to the federal trademark regulations to require trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings who are foreign-domiciled (have a permanent legal residence or a principal place of business outside of the United States), including Canadian filers, to have an attorney who is licensed to practice law in the United States represent them at the USPTO. In addition, U.S.-licensed attorneys representing a trademark applicant, registrant, or party will generally be required to provide their bar membership information, a statement attesting to their good standing in that bar, and their postal/email addresses in trademark-related submissions.  All U.S.-licensed attorneys who practice before the USPTO are subject to the rules in 37 C.F.R. Part 11 governing representation of others, including the USPTO’s Rules of Professional Conduct. 

 

These changes are being made to increase customer compliance with federal trademark law, improve the accuracy of trademark submissions to the USPTO, and safeguard the integrity of the U.S. trademark register.  See the U.S. Counsel Rule change webpage for more information.

 

 

 

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U.S. TRADEMARK APPLICATION NO. 88303861 - D - 49854.0138

To: NTT DOCOMO, INC. (docket@hollandhart.com)
Subject: U.S. TRADEMARK APPLICATION NO. 88303861 - D - 49854.0138
Sent: 6/22/2019 8:37:29 PM
Sent As: ECOM105@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 6/22/2019 FOR U.S. APPLICATION SERIAL NO. 88303861

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 6/22/2019 (or sooner if specified in the Office action).  A response transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the response period.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.

 

 


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