UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

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: 4/29/2019

 

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

 

SUMMARY OF ISSUES:

• Section 2(d) – Likelihood of Confusion
• Prior-Filed Applications
• Identification and Classification of Goods and Services
• Multi-Class Application Requirements
• Certified Copy of Foreign Registration

 

 

Registration Refused – Section 2(d) Likelihood of Confusion

 

This refusal applies to the following goods and services only: “Downloadable audio recordings, video recordings and audio-visual recordings featuring fitness and health club programs, instruction in the fields of physical fitness, exercise and sports training; Digital music downloadable from the Internet; Digital audio recordings and digital audio visual recordings, downloadable from the Internet, featuring fitness and health club programs, instruction in the fields of physical fitness, exercise and sports training; Downloadable electronic data files and multi-media files featuring fitness and health club programs, instruction in the fields of physical fitness, exercise and sports training, graphics, artwork, text and images related to physical fitness, exercise and health club programs downloadable from the Internet, websites, intranets and extranets; Downloadable audio, video, MP3 recordings and publications, namely, booklets, manuals, newsletters, seminars, webinars, workbooks, certificates, guides, presentations featuring fitness and health club programs, instruction in the fields of physical fitness, exercise and sports training downloadable from the Internet, websites, intranets and extranets” in International Class 9 and “Recreation services, namely, producing and conducting fitness and exercise classes; Training services, namely, providing classes, seminars, programs, courses, workshops and conferences in the fields of health, nutrition and physical fitness; Sporting activities, namely, providing fitness and exercise classes; Education services, namely, providing instruction and advice with respect to fitness exercise classes, exercise planning and delivering exercise classes; Producing and conducting exercise classes and programs; Health club services, and fitness club services, namely, providing classes, instruction and equipment for physical exercise; Exercise instruction, advisory and training services; Physical fitness tuition, namely, coaching and instruction in the field of exercise, health and physical fitness; Advisory and consultancy services in the fields of recreation activities, physical fitness training, exercise classes and instruction; Providing on-line digital publications in the nature of music and video in the field of fitness and health club related programs via the Internet; Providing on-line videos featuring exercise to music classes and programs, not downloadable” in International Class 41.

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 3656809, 4190396, and 4278393.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registrations (“Exhibit A”).

 

The applied-for mark is “CONQUER” in standard characters for, in relevant part, “Downloadable audio recordings, video recordings and audio-visual recordings featuring fitness and health club programs, instruction in the fields of physical fitness, exercise and sports training; Digital music downloadable from the Internet; Digital audio recordings and digital audio visual recordings, downloadable from the Internet, featuring fitness and health club programs, instruction in the fields of physical fitness, exercise and sports training; Downloadable electronic data files and multi-media files featuring fitness and health club programs, instruction in the fields of physical fitness, exercise and sports training, graphics, artwork, text and images related to physical fitness, exercise and health club programs downloadable from the Internet, websites, intranets and extranets; Downloadable audio, video, MP3 recordings and publications, namely, booklets, manuals, newsletters, seminars, webinars, workbooks, certificates, guides, presentations featuring fitness and health club programs, instruction in the fields of physical fitness, exercise and sports training downloadable from the Internet, websites, intranets and extranets” in International Class 9 and “Recreation services, namely, producing and conducting fitness and exercise classes; Training services, namely, providing classes, seminars, programs, courses, workshops and conferences in the fields of health, nutrition and physical fitness; Sporting activities, namely, providing fitness and exercise classes; Education services, namely, providing instruction and advice with respect to fitness exercise classes, exercise planning and delivering exercise classes; Producing and conducting exercise classes and programs; Health club services, and fitness club services, namely, providing classes, instruction and equipment for physical exercise; Exercise instruction, advisory and training services; Physical fitness tuition, namely, coaching and instruction in the field of exercise, health and physical fitness; Advisory and consultancy services in the fields of recreation activities, physical fitness training, exercise classes and instruction; Providing on-line digital publications in the nature of music and video in the field of fitness and health club related programs via the Internet; Providing on-line videos featuring exercise to music classes and programs, not downloadable” in International Class 41.  

 

The registered marks are “CONQUER” in standard characters and with design for a variety of clothing in International Class 25, including “Shirts; shorts”, and a variety of sporting and exercise equipment in International Class 28, including “Athletic equipment, namely, training devices to be worn on the body for support; Boxing gloves; Training apparatus for boxing, martial arts, and similar sports”.

 

In this case, the following factors are the most relevant: similarity of the marks, similarity and nature of the goods and services, and similarity of the trade channels of the goods and services.  See In re Viterra Inc., 671 F.3d 1358, 1361-62, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); TMEP §§1207.01 et seq.

 

Comparison of Marks

Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.  Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014); TMEP §1207.01(b)-(b)(v).  “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.”  In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018); TMEP §1207.01(b).

 

In this instance, the wording in the applied-for mark “CONQUER” is identical to the wording in the registered marks “CONQUER”. The wording in these marks is identical in appearance, sound, and meaning, “and have the potential to be used . . . in exactly the same manner.”  In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411 (TTAB 2015), aff’d, 866 F.3d 1315, 123 USPQ2d 1744 (Fed. Cir. 2017).  Additionally, because they are identical, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrants’ respective goods and services.  Id.

 

The inclusion of a design element in U.S. Registration No. 4278393 does not obviate the similarity between the marks. When evaluating a composite mark consisting of words and a design, the word portion is normally accorded greater weight because it is likely to make a greater impression upon purchasers, be remembered by them, and be used by them to refer to or request the goods and services.  In re Aquitaine Wine USA, LLC, 126 USPQ2d 1181, 1184 (TTAB 2018); TMEP §1207.01(c)(ii).  Thus, although marks must be compared in their entireties, the word portion is often considered the dominant feature and is accorded greater weight in determining whether marks are confusingly similar.  In re Viterra Inc., 671 F.3d at 1366-67, 101 USPQ2d at 1911.

 

Based on the foregoing, the applied-for mark and registered marks are sufficiently similar to find a likelihood of confusion.

 

Comparison of Goods and Services

The compared goods and services need not be identical or even competitive to find a likelihood of confusion.  See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); TMEP §1207.01(a)(i).  Instead, the respective goods and services need only be “related in some manner and/or if the circumstances surrounding their marketing are such that they could give rise to the mistaken belief that [the goods and services] emanate from the same source.”  7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007); TMEP §1207.01(a)(i).

 

Here, the goods and services at issue commonly emanate from the same commercial entity. In support thereof, the examining attorney has attached Internet evidence from providers of exercise and fitness classes (“Exhibit B”). This evidence establishes that the same entity commonly produces and provides exercise and fitness classes, including through online and downloadable videos, as well as produces boxing gloves and clothing under the same mark, which are marketed and sold through the same trade channels and to the same classes of consumers of the fitness services.  For example, UFC® provides gymnasiums that provide fitness and exercise classes as well as produces boxing gloves and clothing, which are marketed and sold on its website under its mark.

 

Therefore, the goods and services of the applicant and registrants are considered related for likelihood of confusion purposes.  See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009).

 

Conclusion

Because the applicant’s applied-for mark and the registered marks are similar and the goods and services are related, registration is refused for a likelihood of confusion under Section 2(d).

 

Advisory: Applicant’s Response Options

Applicant may respond to the stated refusal by submitting evidence and arguments against the refusal.  In addition, applicant may respond by doing one of the following:

 

(1)  Deleting the goods and services to which the refusal pertains;

 

(2)  Filing a request to divide out the services that have not been refused registration, so that the mark may proceed toward publication for opposition for those goods or services to which the refusal does not pertain.  See 37 C.F.R. §2.87.  See generally TMEP §§1110 et seq. (regarding the requirements for filing a request to divide).  If applicant files a request to divide, then to avoid abandonment, applicant must also file a timely response to all outstanding issues in this Office action, including the refusal.  37 C.F.R. §2.87(e).

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.  However, if applicant responds to the refusal, applicant must also respond to the requirements set forth below.

 

 

Prior-Filed Applications

The filing dates of pending U.S. Application Serial Nos. 88231112, 88231109, and 88251626 precede applicant’s filing date.  See attached referenced applications (“Exhibit C”).  If one or more of the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s).  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced applications.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues. However, the applicant must address the other issues raised in this Office action.

 

 

Identification and Classification of Goods and Services

The wording “Producing and conducting exercise classes and programs” in the identification of services for International Class 41 must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass conducting exercise classes and educational programs in the field of exercise in International Class 41 as well as software development in the field of exercise in International Class 42. Therefore, the applicant must revise the entry to clarify the nature of the services and classify the services in the proper international class.

 

Furthermore, the wording “exercise instruction, advisory and training services” in International Class 41 is indefinite because the applicant does not specify the subject matter of its advisory services. In particular, this wording could refer to providing advice in the field of exercise instruction, rental of exercise equipment, or providing exercise facilities. Thus, the applicant must revise this entry to clarify the subject matter of the advisory service being rendered.

 

In addition, the entry for “Physical fitness tuition, namely, coaching and instruction in the field of exercise, health and physical fitness” is unacceptable because the entry is logically unclear as sports tuition is not a coaching or instruction service. Therefore, the applicant must revise this entry to clarify the nature of the service being rendered. The following would be an acceptable amendment to this wording: “Providing coaching and instruction in the field of exercise, health and physical fitness” in International Class 41.

 

Moreover, the wording “Advisory and consultancy services in the fields of recreation activities, physical fitness training, exercise classes and instruction” in International Class 41 is indefinite because the applicant does not sufficiently identify the nature of the recreation activities subject matter. For example, it could refer to providing advice and consulting on recreational fishing, hunting, physical fitness training, or exercise classes. Thus, the applicant must revise this entry to clarify the subject matter of these services.

 

Lastly, the wording “Providing on-line digital publications in the nature of music and video in the field of fitness and health club related programs via the Internet” and “Providing on-line videos featuring exercise to music classes and programs, not downloadable” must be revised to clarify the means by which the digital publications are provided and/or the nature of the publications. For example, an acceptable amendment to the entries would clarify the means by which the services can be accessed, such as “Providing a website featuring on-line digital publications in the nature of audiovisual presentations featuring music and video in the field of fitness and health club related programs via the Internet” in International Class 41.

 

Applicant may adopt the following identification of goods and services, if accurate. The examining attorney has bolded and underlined additions to the applicant’s original identification of goods and services.

 

Class 009:       Downloadable audio recordings, video recordings and audio-visual recordings featuring fitness and health club programs, instruction in the fields of physical fitness, exercise and sports training; Digital music downloadable from the Internet; Digital audio recordings and digital audio visual recordings, downloadable from the Internet, featuring fitness and health club programs, instruction in the fields of physical fitness, exercise and sports training; Downloadable electronic data files and multimedia files featuring fitness and health club programs, instruction in the fields of physical fitness, exercise and sports training, graphics, artwork, text and images related to physical fitness, exercise and health club programs, downloadable from the Internet, websites, intranets and extranets; Downloadable audio, video, and MP3 recordings and downloadable publications, namely, booklets, manuals, newsletters, seminars, webinars, workbooks, certificates, guides, and presentations featuring fitness and health club programs, instruction in the fields of physical fitness, exercise and sports training, downloadable from the Internet, websites, intranets and extranets

 

Class 041:       Recreation services, namely, producing and conducting fitness and exercise classes; Training services, namely, providing educational classes, seminars, programs, courses, workshops and conferences in the fields of health, nutrition and physical fitness; Sporting activities, namely, providing fitness and exercise classes; Education services, namely, providing instruction and advice with respect to fitness exercise classes, exercise planning and delivering exercise classes; Conducting exercise classes and educational exercise programmes; Health club services and fitness club services, namely, providing classes, instruction and equipment for physical exercise; Physical fitness exercise instruction and training services; Providing coaching and instruction in the field of exercise, health and physical fitness; Advisory and consultancy services in the fields of recreation activities, namely, providing advice and consulting in the fields of physical fitness training, exercise classes and instruction; Publication of printed matter with respect to fitness and health club related programs and training materials; Publication of electronic media, namely, publication of music and video and audio visual resources with respect to fitness and health club related programs and training materials in digital format; Providing a website featuring on-line digital publications in the nature of audiovisual presentations featuring music and video in the field of fitness and health club related programs via the Internet; Publication of on-line music and video and audio visual resources with respect to fitness and health club related programs; Providing a website featuring on-line videos featuring exercise to music classes and programs, not downloadable; Publishing online electronic publications, namely, books, booklets, newsletters, magazines, manuals, posters and postcards all in relation to fitness and health club related programs in the field of fitness health and sport, over the Internet

 

Class 042:       Producing exercise programs, namely, development of exercise software

 

If applicant adopts the suggested amendment of the identification of goods and services, then applicant must amend the classification to International Classes 9, 41, and 42.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401.

 

Applicant may amend the identification to clarify or limit the goods and services, but not to broaden or expand the goods and services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and services may not later be reinserted.  See 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.

 

 

Multi-Class Application Requirements

The application identifies goods and services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 44:

 

(1)       List the goods and 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 fees already paid (view the USPTO’s current fee schedule).  The application identifies goods and services that are classified in at least three (3) classes; however, applicant submitted fees sufficient for only two (2) classes.  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 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class.  See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a).  See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.

 

 

Certified Copy of Foreign Registration

The application specifies Trademark Act Section 44(d) as the sole filing basis and indicates that applicant intends to rely on Section 44(e) as a basis for registration; however no copy of a foreign registration was provided.  See 15 U.S.C. §1126(d), (e). 

 

An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an applicant’s country of origin.  15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004, 1004.01, 1016.  In addition, the applicant’s country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law.  15 U.S.C. §1126(b); TMEP §§1002.01, 1004.

 

Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available.  TMEP §1003.04(a).  A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in applicant’s country of origin.  TMEP §1004.01.  If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, the applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to applicant’s country of origin.  TMEP §1016.  In addition, applicant must also provide an English translation if the foreign registration is not written in English.  37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b).  The translation should be signed by the translator.  TMEP §1004.01(b).

 

If the foreign registration is not yet available, applicant should inform the trademark examining attorney that the foreign application is still pending and request that the U.S. application be suspended until a copy of the foreign registration is available.  TMEP §§716.02(b), 1003.04(a).

 

If applicant cannot satisfy the requirements of the Section 44(e) basis, applicant may amend the basis to Section 1(a) or 1(b), if applicant can satisfy the requirements for the new basis.  See 15 U.S.C. §§1051(a)-(b), 1126(e); TMEP §806.03.  Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration.  See 37 C.F.R. §2.35(b)(3)-(4); TMEP §§806.02(f), 806.03(h).  

 

 

Response Guidelines

For this application to proceed, applicant must explicitly address each refusal and requirement in this Office action.  For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above.  For a requirement, applicant should set forth the changes or statements.  Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.

 

Because of the legal technicalities and strict deadlines involved in the USPTO application process, applicant may wish to hire a qualified U.S. attorney specializing in trademark matters to represent applicant in this process and provide legal advice.  Although the undersigned 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, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help or an online directory of legal professionals, such as FindLaw®.  The USPTO, however, may not assist an applicant in the selection of a private attorney.  37 C.F.R. §2.11.

 

Please note that foreign attorneys, other than duly authorized Canadian attorneys, are not permitted to represent applicants before the USPTO.  See 37 C.F.R. §§2.17(e), 11.14(c), (e); TMEP §602.03-.03(c).  The only attorneys who may practice before the USPTO in trademark matters are (1) attorneys in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other U.S. commonwealths/territories; and (2) duly authorized Canadian agents/attorneys.  See 37 C.F.R. §§2.17(e), 11.14(a), (c); TMEP §602.

 

If the applicant has any questions or requires assistance in responding to this Office action, please telephone the assigned examining attorney.

 

/Thomas Young/

Examining Attorney

Law Office 120

thomas.young@uspto.gov

(571) 272-5152

 

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.  

 

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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 4/29/2019 FOR U.S. APPLICATION SERIAL NO. 88313725

 

Your trademark application has been reviewed.  The trademark examining attorney assigned by the USPTO to your application has written an official letter to which you must respond.  Please follow these steps:

 

(1)  Read the LETTER by clicking on this link or going to http://tsdr.gov.uspto.report/, entering your U.S. application serial number, and clicking 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)  Respond within 6 months (or sooner if specified in the Office action), calculated from 4/29/2019, using the Trademark Electronic Application System (TEAS) response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  A response transmitted through TEAS must be received before midnight Eastern Time of the last day of the response period.

 

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. 

 

(3)  Questions about the contents of the Office action itself should be directed to the trademark examining attorney who reviewed your application, identified below. 

 

/Thomas Young/

Examining Attorney

Law Office 120

thomas.young@uspto.gov

(571) 272-5152

 

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.