To: | Wu Lili (dinghuiip@163.com) |
Subject: | U.S. Trademark Application Serial No. 88309596 - FLAVORSHISHA - N/A |
Sent: | September 04, 2019 06:23:02 PM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88309596
Mark: FLAVORSHISHA
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Correspondence Address: NEWZILL,20770 WESTHEIMER PKWY, STE 502
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Applicant: Wu Lili
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Reference/Docket No. N/A
Correspondence Email Address: |
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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: September 04, 2019
This Office action is in response to applicant’s communication filed on 08/02/19.
In the previous Office action, dated 08/01/19, the examining attorney refused registration because the substitute specimen submitted in applicant’s response, dated 07/11/19, in International Class 34 appears to consist of a digitally altered image or a mock-up of the mark on the goods or their packaging and does not show the applied-for mark in actual use in commerce. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a). In addition, the examining attorney required additional information about the specimen. Finally, the examining attorney continued and maintained the Trademark Act Section 2(e)(1) Descriptive refusal.
In its response, dated 08/02/19, in order to obviate the specimen refusal and requirement for additional information about the specimen, applicant amended the filing basis to Section 1(b) Intent-to-Use. The examining attorney accepts applicant’s amendment of the filing basis to Section 1(b) Intent-to-Use and hereby makes it of record. Accordingly, the specimen refusal and requirement for additional information about the specimen are both obviated. However, in its response, applicant failed to present any additional arguments against the Trademark Act Section 2(e)(1) Descriptive refusal. Accordingly, the examining attorney continues and maintains the Trademark Act Section 2(e)(1) Descriptive refusal and reserves the right to fully address applicant’s arguments upon receipt of a timely response to the instant Office action. Finally, pursuant to 37 C.F.R. §§2.2(o), 2.11(a), all applicants whose permanent legal residence or principal place of business is not within the United States or its territories must now be represented by a U.S.-licensed attorney at the USPTO. Accordingly, this raises a new issue, which the examining attorney now sets forth below.
Applicant with Foreign Street Address - U.S.-licensed Attorney Required - New Requirement
The application record indicates that applicant’s domicile is outside of the United States in China, but no attorney who is an active member in good standing of the bar of the highest court of a U.S. State or territory has been appointed to represent the applicant in this matter. All applicants whose permanent legal residence or principal place of business is not within the United States or its territories must be represented by a U.S.-licensed attorney at the USPTO. 37 C.F.R. §§2.2(o), 2.11(a). Thus, applicant is required to be represented by a U.S.-licensed attorney and must appoint one. 37 C.F.R. §2.11(a). This application will not proceed to registration without such appointment and representation. See id. See Hiring a U.S.-licensed trademark attorney for more information.
To appoint or designate a U.S.-licensed attorney. To appoint an attorney, applicant should (1) submit a completed Trademark Electronic Application System (TEAS) Revocation, Appointment, and/or Change of Address of Attorney/Domestic Representative form and (2) promptly notify the trademark examining attorney that this TEAS form was submitted. Alternatively, if applicant has already retained an attorney, the attorney can respond to this Office action by using the appropriate TEAS response form and provide his or her attorney information in the form and sign it as applicant’s attorney. See 37 C.F.R. §2.17(b)(1)(ii).
Section 2(e)(1) Descriptive Refusal –Continued and Maintained
Note: The examining attorney continues and maintains the Trademark Act Section 2(e)(1) Descriptive refusal and reserves the right to fully address applicant’s arguments upon receipt of a timely response to the instant Office action.
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 response to this nonfinal Office action
Brian Callaghan
/Brian P. Callaghan/
Trademark Examining Attorney
U.S. Patent & Trademark Office
Law Office 108
Phone: (571) 272-4906
RESPONSE GUIDANCE