Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

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:  June 29, 2020

 

This action is in response to the applicant’s correspondence dated June 16, 2020.  The requirement for clarification of the identification of goods is satisfied.  However the applicant must respond to the following requirement for International Class 024 Only.

 

 

1(b) Applicant Must File AAU

 

 Applicant has requested to amend the International Class 024 from an intent-to-use basis under Trademark Act Section 1(b) to a use in commerce basis under Section 1(a).  However, applicant did not file and satisfy the legal requirements for an allegation of use (also called an amendment to allege use or a statement of use).  See 37 C.F.R. §2.35(b)(8); TMEP §806.03(e).  Accordingly, the requested amendment is not accepted and the Section 1(b) basis remains the operative basis. 

 

To amend an intent-to-use application under Trademark Act Section 1(b) to claim use in commerce, an applicant must file a separate acceptable amendment to allege use or statement of use.  See 15 U.S.C. §1051(c); 37 C.F.R. §§2.76, 2.88; TMEP §§806.01(b), 1103.  An amendment to allege use or statement of use has various legal requirements, including providing verified dates of first use of the mark, a verified statement that the mark is in use in commerce, a specimen showing the mark as actually used in commerce for each international class, and a fee.  37 C.F.R. §§2.76, 2.88; TMEP §806.01(b).  In addition, certain time restrictions apply to filing an amendment to allege use or statement of use.  See 37 C.F.R. §§2.76(a), 2.88(a); TMEP §§1104.03, 1109.04.  See the ITU basis webpage for more information about an amendment to allege use or statement of use.  To submit one, use the Trademark Electronic Application System (TEAS) Allegation of Use form.

 

The applicant must respond to this action by either filing an AAU or withdrawing the request to amend International Class 024 from intent-to-use under Section 1(b) to use in commerce basis under Section 1(a).

 

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How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/R.M. Herrera/

Roselle M. Herrera

Trademark Examining Attorney

Law Office 124

(571) 272-1909

Roselle.Herrera@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on June 29, 2020 for

U.S. Trademark Application Serial No. 88317049

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/R.M. Herrera/

Roselle M. Herrera

Trademark Examining Attorney

Law Office 124

(571) 272-1909

Roselle.Herrera@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from June 29, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”