To: | FURNITURE FACTORY OUTLET, LLC (steve@schrantzlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88317049 - NATURAL ELEMENTS - 17083 |
Sent: | June 29, 2020 11:49:48 PM |
Sent As: | ecom124@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88317049
Mark: NATURAL ELEMENTS
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Correspondence Address:
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Applicant: FURNITURE FACTORY OUTLET, LLC
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Reference/Docket No. 17083
Correspondence Email Address: |
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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).
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