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: 5/24/2019

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue 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) Refusal – Likelihood of Confusion
• Prior-Filed Pending Applications
• Section 2(e)(1) Refusal – Merely Descriptive

 

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 2933876 (“SOLUTIONS FOR SAFETY”), 4047592 (“PIC SOLUTION”), 5505352 (“PIC SOLUTION”), 5592329 (“ONCOJET PLASMA SOLUTION”), 5631921 (“OMNI HEALTH SOLUTIONS”).  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §1207.01 et seq.  See the attached registrations.

 

Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be confused, mistaken, or deceived as to the commercial source of the goods of the parties.  See 15 U.S.C. §1052(d).  Likelihood of confusion is determined on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) (called the “du Pont factors”).  In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017).  Only those factors that are “relevant and of record” need be considered.  M2 Software, Inc. v. M2 Commc’ns, Inc., 450 F.3d 1378, 1382, 78 USPQ2d 1944, 1947 (Fed. Cir. 2006) (citing Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1241, 73 USPQ2d 1350, 1353 (Fed. Cir. 2004)); see In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1744 (TTAB 2018). 

 

Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis:  (1) the similarities between the compared marks and (2) the relatedness of the compared goods.  See In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); Federated Foods, Inc. v. Fort Howard Paper Co.,544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods and differences in the marks.”); TMEP §1207.01.

 

a.     Comparing the 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) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); 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) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)); TMEP §1207.01(b).

 

In this case, applicant’s mark, “SOLUTION”, and registrant’s mark, “SOLUTIONS FOR SAFETY”, share the same dominate portion of the mark, namely, “SOLUTION” and “SOLUTIONS”. Consumers are generally more inclined to focus on the first word, prefix, or syllable in any trademark or service mark.  See Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1372, 73 USPQ2d 1689, 1692 (Fed. Cir. 2005) (finding similarity between VEUVE ROYALE and two VEUVE CLICQUOT marks in part because “VEUVE . . . remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label”); Century 21 Real Estate Corp. v. Century Life of Am., 970 F.2d 874, 876, 23 USPQ2d 1698, 1700 (Fed Cir. 1992) (finding similarity between CENTURY 21 and CENTURY LIFE OF AMERICA in part because “consumers must first notice th[e] identical lead word”); see also In re Detroit Athletic Co., 903 F.3d 1297, 1303, 128 USPQ2d 1047, 1049 (Fed. Cir. 2018) (finding “the identity of the marks’ two initial words is particularly significant because consumers typically notice those words first”).

 

Moreover, although applicant’s mark is the singular form of the dominant portion of registrant’s mark, an applied-for mark that is the singular or plural form of a registered mark is essentially identical in sound, appearance, meaning, and commercial impression, and thus the marks are confusingly similar.  Swiss Grill Ltd., v. Wolf Steel Ltd., 115 USPQ2d 2001, 2011 n.17 (TTAB 2015) (holding “it is obvious that the virtually identical marks [the singular and plural of SWISS GRILL] are confusingly similar”); Weider Publ’ns, LLC v. D & D Beauty Care Co., 109 USPQ2d 1347, 1355 (TTAB 2014) (finding the singular and plural forms of SHAPE to be essentially the same mark) (citing Wilson v. Delaunay, 245 F.2d 877, 878, 114 USPQ 339, 341 (C.C.P.A. 1957) (finding no material difference between the singular and plural forms of ZOMBIE such that the marks were considered the same mark).

Lastly, matter that is descriptive of or generic for a party’s goods is typically less significant or less dominant in relation to other wording in a mark.  See Anheuser-Busch, LLC v. Innvopak Sys. Pty Ltd., 115 USPQ2d 1816, 1824-25 (TTAB 2015) (citing In re Chatam Int’l Inc., 380 F.3d 1340, 1342-43, 71 USPQ2d 1944, 1946 (Fed. Cir. 2004)).  

In the present case, the attached evidence from http://www.merriam-webster.com/dictionary/for and http://www.merriam-webster.com/dictionary/safety shows that the wording “FOR SAFETY” in the registered mark is merely descriptive of or generic for the registrant’s goods.  Thus, this wording is less significant in terms of affecting the mark’s commercial impression, and renders the wording “SOLUTIONS” the more dominant element of the mark.

With respect to the marks in U.S. Registration Nos. ”), 4047592 (“PIC SOLUTION”), 5505352 (“PIC SOLUTION”), 5592329 (“ONCOJET PLASMA SOLUTION”), 5631921 (“OMNI HEALTH SOLUTIONS”), applicant’s mark is entirely incorporated into each of the registered marks. However, incorporating the entirety of one mark within another does not obviate the similarity between the compared marks, as in the present case, nor does it overcome a likelihood of confusion under Section 2(d).  See Wella Corp. v. Cal. Concept Corp., 558 F.2d 1019, 1022, 194 USPQ 419, 422 (C.C.P.A. 1977) (finding CALIFORNIA CONCEPT and surfer design and CONCEPT confusingly similar); Coca-Cola Bottling Co. v. Jos. E. Seagram & Sons, Inc., 526 F.2d 556, 557, 188 USPQ 105, 106 (C.C.P.A. 1975) (finding BENGAL LANCER and design and BENGAL confusingly similar); In re Integrated Embedded, 120 USPQ2d 1504, 1513 (TTAB 2016) (finding BARR GROUP and BARR confusingly similar); In re Mr. Recipe, LLC, 118 USPQ2d 1084, 1090 (TTAB 2016) (finding JAWS DEVOUR YOUR HUNGER and JAWS confusingly similar); TMEP §1207.01(b)(iii).  In the present case, the marks are identical in part.

 

Thus, the marks are confusingly similar.

 

b.     Comparing the Goods

 

Applicant has applied to register the mark “SOLUTION” in connection with “Syringes for medical purposes; Syringes for medical purposes and for injections; Injection syringes; Medical syringes” in Class 10.

 

Registrants’ goods are identified as follows:

 

• U.S. Registration No.  2933876 (“SOLUTIONS FOR SAFETY”): “Drug delivery systems, namely, syringes, needles and cannulae; medical devices, namely, cannulae, medical, hypodermic, aspiration and injection needles, medical, hypodermic, aspiration and injection syringes” in Class 10.

 

• U.S. Registration No. 4047592 (“PIC SOLUTION”): “[ Medical instruments and apparatus for use in first aid surgery and orthopedic surgery; surgical instruments; ] hypodermic syringes; disposable syringes; needles for injections, [ catheters, ] syringes of all kinds for medical purposes; [ orthopedic articles, namely, cushions, support bandages, plasters, braces; ] thermometers [ and measuring instruments for measuring blood sugar for medical purposes; ] arterial blood pressure measuring apparatus, blood pressure measuring apparatus, stethoscopes; aerosol dispensers and fittings therefore for medical use; [ inhalers and fittings therefore for medical purposes; rigid bandages for orthopedic purposes; humidifiers and electric vaporizers for medical purposes, namely, treatment of upper respiratory conditions; reusable heat-releasing neck cushions for medical purposes, heating pads for medical purposes; diagnostic medical test kits for diabetes monitoring; first-aid equipment, namely, thermal packs for first aid purposes; thermal compresses and dressings for first aid for medical purposes; electric heating blankets and heating cushions for medical purposes; chemically activated ice packs for first aid and for medical purposes; disposable containers for diagnostic purposes, namely, for medical waste; ear plugs for medical purposes; disposable gloves for medical examination, gloves for medical and surgical purposes, medical devices for use in cannulation or to stem the flow of traumatic bleeding, namely, tourniquets; therapeutic devices for administering oxygen, namely, oxygen inhalers and oxygen concentrators for medical applications; urinals, furniture for medical purposes and hospitals, namely, hospital beds for use by burn patients; disposable medical and surgical products, namely, sheets for medical and surgical purposes, draw-sheets for sick beds, surgical drapes and operating covers, liquid-proof coverings of textile or not of textile and/or film for beds, medical examination tables and stretchers, covers for covering the entire human body and/or limited areas of the body for medical use; ] pen needles for medical use”

 

• U.S. Registration No.  5505352 (“PIC SOLUTION”): Aerosol dispensers for medical purposes; medical syringe needles; apparatus for intestinal washing; urine and feces testing instruments for medical and diagnostic purposes; corsets for medical purposes; electric warming pads for medical use, namely, breast warmer pads for medical purposes; heating cushions and pads, electric, for medical purposes; therapeutic cushions for medical purposes; chemically activated hot and cold gel packs for medical use; vaginal douche bags; supportive bandages; orthopaedic support bandages; bandages, elastic; surgical mesh comprised primarily of artificial materials; incontinence sheets; sphygmomanometers; disposable syringes; injection syringes; medical syringes; stethoscopes; ear plugs for medical purposes; ear plugs for protection against noise; clinical thermometers; thermometers for medical purposes; electronic thermometers for medical use; digital thermometers for medical purposes; mercury thermometers for medical use; hypodermic syringes; catheters; orthopedic articles, namely, orthopedic braces, orthopedic corsets, orthopedic girdles, orthopedic soles, orthopedic suspenders, orthopedic belts; inhalers for medical use; rigid bandages for orthopaedic support purposes; humidifiers and vaporisers for medical purposes; heat pads for medical use; ice bags for medical purposes; disposable medical gloves; medical and surgical gloves; tourniquets; therapeutic devices for administering oxygen, namely, oxygen masks for medical use, oxygen inhalers for medical purposes sold empty; surgical drapes

 

• U.S. Registration No.  5592329 (“ONCOJET PLASMA SOLUTION”): “Instruments and devices for plasma medical, veterinary and therapeutic purposes, namely, atmospheric pressure plasma jets and dielectric barrier discharges in the nature of electric therapy apparatus for direct treatment in the nature of treating tumors and tumor cells, and medical plasma devices in the nature of ultrasonic therapy apparatus and liquid dispensers for medical use for generating and applying one or more liquid-based active agents for use in medical tumor therapy; pumps for medical, veterinary and therapeutics use, namely, dispenser pumps for medical purposes for mixing gaseous or liquid agents and for generating low pressure regimes for easier plasma ignition; devices and apparatus for administering or applying medicines and substances for medical, veterinary and therapeutic use, namely, needle-based and needle-free injection systems consisting primarily of needle-free syringes and jet injectors for applying one or more liquid-based active agents, plasma generated reactive gases or direct atmospheric pressure plasma; devices and apparatus for plasma medical use, namely, plasma sources being plasma jets or dielectric barrier discharges for use in the treatment of cancer; and replacement parts and fittings for the aforementioned products; all aforementioned products particularly for use in oncology”

 

• U.S. Registration No.  5631921 (“OMNI HEALTH SOLUTIONS”): “Abdominal pads; Disposable baby bottle liners; Disposable medical devices for treating constipation ; Disposable medical sterilization pouches; Disposable syringes; Disposable teats; Gloves for medical use; Incontinence bed pads; Medical gowns; Medical syringes; Patient examination gowns”

 

The goods are compared to determine whether they are similar, commercially related, or travel in the same trade channels.  See Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369-71, 101 USPQ2d 1713, 1722-23 (Fed. Cir. 2012); Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1165, 64 USPQ2d 1375, 1381 (Fed. Cir. 2002); TMEP §§1207.01, 1207.01(a)(vi).

 

The compared goods 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); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000); TMEP §1207.01(a)(i).  They 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] emanate from the same source.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).

 

Determining likelihood of confusion is based on the description of the goods stated in the application and registration at issue, not on extrinsic evidence of actual use.  See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).  

 

 

In this case, the “injection syringes” identified in the application are identical to the “injection syringes” identified in U.S. Registration Nos. 2933876 (“SOLUTIONS FOR SAFETY”) and 5505352 (“PIC SOLUTIONS”). Additionally, the “medical syringes” identified in the application are identical to the “medical syringes” identified in U.S. Registration Nos. 5631921 (“ONMI HEALTH SOLUTIONS”) and 5505352 (“PIC SOLUTION”). Therefore, it is presumed that the channels of trade and class of purchasers are the same for these goods.  See Cai v. Diamond Hong, Inc., __ F.3d __, 27 USPQ2d 1797, 1801 (Fed. Cir. 2018) (quoting In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012)). 

 

Moreover, U.S. Registration No. 2933876 (“SOLUTIONS FOR SAFETY”) uses broad wording to describe “syringes”, and U.S. Registration No. 4047592 (“PIC SOLUTION”) uses brad wording to describe “syringes of all kinds for medical purposes”, which presumably encompass all goods of the type described, including applicant’s more narrow “syringes for medical purposes, syringles for medical purposes and for injections, medical syringes”.  See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015).  Thus, applicant’s and registrants’ goods are legally identical.  See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v.Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).

 

Additionally, the goods of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers.”  In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)).  Thus, applicant’s and registrants’ goods are related.

 

Accordingly, registration must be refused pursuant to Section 2(d) of the Trademark Act.

 

Applicant should note the following additional ground for refusal.

 

PRIOR-FILED APPLICATIONS

 

The filing date of pending U.S. Application Serial Nos. 88294159 (“STERICARE SOLUTIONS”) and 88294230 (“STERICARE SOLUTIONS”) precede applicant’s filing date.  See attached referenced applications.  If 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 between the marks.  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 mark in the referenced application.  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.

 

 

SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE

Registration is refused because the applied-for mark merely describes a characteristic of applicant’s goods.  Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.

 

A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant’s goods.  TMEP §1209.01(b); see, e.g., In re TriVita, Inc., 783 F.3d 872, 874, 114 USPQ2d 1574, 1575 (Fed. Cir. 2015) (quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005) (citing Estate of P.D. Beckwith, Inc. v. Comm’r of Patents, 252 U.S. 538, 543 (1920)). 

 

In this case, the attached evidence demonstrates that the word “SOLUTION” is defined as “A liquid mixture in which the minor component (the solute) is uniformly distributed within the major component (the solvent).” See http://en.oxforddictionaries.com/definition/us/solution. Moreover, the attached evidence also shows that the term “SOLUTION” is commonly used in connection with solutions that are injected into the body through the use of syringes. See evidence from http://infuserveamerica.com/100/flushing-your-iv-access/, http://www.pfizermedicalinformation.com/en-us/patient/xyntha-solofuse-lyophilized-powder-solution-prefilled-dual-chamber-syringe, and http://www.bd.com/en-us/offerings/capabilities/syringes-and-needles/pre-filled-flush-syringes/bd-posiflush-pre-filled-saline-syringe. Lastly, dictionary evidence demonstrates that the purpose of “syringes” is to inject fluids or draw fluids out of the body. See http://www.ahdictionary.com/word/search.html?q=syringe. Therefore, when used in connection with applicant’s goods, namely, syringes, the word “SOLUTION” is merely descriptive the contents of the syringes.

 

Accordingly, registration is refused pursuant to Section 2(e)(1) of the Trademark Act.

 

Although applicant’s mark has been refused registration, applicant may respond to the refusals by submitting evidence and arguments in support of registration.

 

RESPONDING TO THIS OFFICE ACTION

 

To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp.  If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/trademarks/teas/e_filing_tips.jsp and e-mail technical questions to TEAS@uspto.gov.

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

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.  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.  

 

 

 

Scleidorovich, Joanna

/Joanna Scleidorovich/

Trademark Examining Attorney

Law Office 128

(571) 270-7384

Joanna.Scleidorovich@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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 5/24/2019 FOR U.S. APPLICATION SERIAL NO. 88328459

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click 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)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 5/24/2019 (or sooner if specified in the Office action).  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.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

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.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

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.