To: | Terragene S.A. (jyoung@dineff.com) |
Subject: | U.S. Trademark Application Serial No. 88324830 - TERRAGENE - TM9707US00 |
Sent: | September 03, 2019 03:35:18 PM |
Sent As: | ecom107@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88324830
Mark: TERRAGENE
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Correspondence Address:
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Applicant: Terragene S.A.
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Reference/Docket No. TM9707US00
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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: September 03, 2019
This Office action is in response to applicant’s communication filed on 8/07/19.
In the first Office action, dated 5/30/2019, the following issues were raised:
(1) Amendment of Identification of Goods Required
(2) Complete Copy of Foreign Certificate of Registration Required
On 8/07/2019, applicant filed a response in which
(1) applicant amended the identification of goods; and
(2) applicant resubmitted a copy of the foreign certificate.
Based on applicant’s response and amendments, (1) the requirement to amend the identification of goods is hereby WITHDRAWN; and (2) the requirement to submit a complete copy of the foreign certificate is now MADE FINAL.
Thus, in summary, the only issue currently preventing publication of applicant’s applied-for mark is that applicant must submit a complete copy of the foreign certificate. This requirement is addressed in detail below.
Complete Copy of Foreign Certificate of Registration Required—Made Final
Applicant has submitted with the application and Response the same incomplete copy of the foreign certificate of registration. An application with a Section 44(e) basis must include a complete and 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.
Here, the provided copy of the foreign certificate of registration is incomplete as portions are missing from the first and fourth pages. Specifically, the leading portion of four lines of text on the left-hand side of the first page and the leading portion of two lines of text on the left-had side of the fourth page are cut off. Accordingly, applicant is required to submit a complete and true copy of the foreign certificate of registration.
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. If the foreign registration is not written in English, applicant must also provide an English translation. 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).
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 final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB).
/Troy Knight/
Examining Attorney
Law Office 107
U.S. Patent and Trademark Office
(571) 270-3151
Troy.Knight@USPTO.GOV
RESPONSE GUIDANCE