To: | JASON JOHNSON (NXTNLINEAPPAREAL@GMAIL.COM) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88323067 - NXTNLINE - N/A |
Sent: | 6/15/2019 6:09:34 PM |
Sent As: | ECOM113@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88323067
MARK: NXTNLINE
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: JASON JOHNSON
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 6/15/2019
This Office action is in response to applicant’s communication filed on May 19, 2019.
In the initial Office action, the examining attorney required clarification regarding applicant’s entity type and an amendment to the description of the mark.
In its response, the applicant amended the color claim and mark description, disclaimed all wording in the mark, and entered a negative translation statement. Applicant’s response has been received and made of record.
The requirements for clarification regarding applicant’s entity type and an acceptable mark description are MAINTAINED and CONTINUED. In addition, the following NEW issues are raised by applicant’s response: applicant must provide an amended color claim that references all the colors in the drawing of the mark.
COLOR CLAIM INCOMPLETE – DOES NOT REFERENCE ALL COLORS
The following color claim is suggested: “The colors red and black are claimed as a feature of the mark.”
DESCRIPTION OF THE MARK - MAINTAINED
By its response, applicant proposes to amend the description of the mark to read as follows: “The mark consists of Red/black.”
A complete description must identify all the literal and design elements in the mark and specify where the colors appear in those elements. See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §§807.07(a) et seq.
The following description is suggested, if accurate:
The mark consists of the stylized wording “NXTNLINE” appearing in red on a black background.
The requirement for an acceptable description of the mark is MAINTAINED and CONTINUED.
CLARIFICATION REGARDING ENTITY TYPE REQUIRED - MAINTAINED
If applicant is a sole proprietorship, the following format should be used: “______________ {specify name of sole proprietorship}, a __________ {identify U.S. state or country where sole proprietorship is registered to do business, e.g., Ohio} sole proprietorship, composed of Jason Johnson, a citizen of ___________ {specify country of citizenship, e.g., the United States}.” TMEP §803.03(a). When using the above format, the name of the sole proprietorship and the name of the individual can be the same.
If applicant is applying as an individual doing business under an assumed name, the following format should be used: “Jason Johnson, a citizen of ___________ {specify country of citizenship, e.g., the United States}, doing business as ______________ {specify assumed business name}.” TMEP §§803.02(a), 803.04.
If applicant is applying as an individual, the following format should be used: “Jason Johnson, a citizen of ____________ {specify country of citizenship, e.g., the United States}.” TMEP §§803.03(a), 803.04.
Applicant did not address to this requirement in his response. Accordingly, the requirement for clarification regarding applicant’s entity type is MAINTAINED and CONTINUED.
ADVISORY: ENTIRE MARK MAY NOT BE DISCLAIMED
GUIDELINES FOR RESPONDING TO THIS 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.
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or 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.
/Amy L. Kertgate/
Examining Attorney
Law Office 113
Tel: (571) 272-1943
Email: amy.kertgate@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.