To: | Jacob Smith (jacobds82988@gmail.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88328715 - PIC US! - N/A |
Sent: | 6/4/2019 5:15:52 PM |
Sent As: | ECOM111@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88328715
MARK: PIC US!
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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: Jacob Smith
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
ISSUE/MAILING DATE: 6/4/2019
NOTICE OF INCOMPLETE RESPONSE
The problem with applicant’s response: Applicant filed a response on May 21, 2019 that was not signed by all the joint applicants. See 37 C.F.R. §§2.62(b), 2.193(e)(2); TMEP §§712, 712.01. For applications with multiple individual applicants or joint applicants, all joint applicants must sign the response. 37 C.F.R. §2.193(e)(2)(ii); TMEP §611.06(a). The USPTO cannot accept an improperly signed response; therefore, the contents will not be reviewed. See 37 C.F.R. §§2.62(b), 2.193(e)(2); TMEP §§712, 712.03, 718.03.
What applicant must do to fix the problem: Applicant must resubmit the entire response, signed by all joint applicants. See 37 C.F.R. §§2.62(b), 2.193(e)(2); TMEP §611.06(a). If submitting a newly signed response, applicant must also explicitly address and respond to all the issues raised in the outstanding Office action dated May 15, 2019. See37 C.F.R. §2.65(a); TMEP §718.03. The USPTO must receive a properly signed response within (1) thirty (30) days of the date of issuance of this letter, or (2) the time remaining in the six-month period for responding to the previous Office action, whichever is longer. See 37 C.F.R. §§2.62(a), 2.65(a)(2); TMEP §§712.03, 718.03(b).
Applicant is encouraged to respond online via the Trademark Electronic Application System (TEAS). To respond via TEAS, applicant must either (1) complete the entire response form again, responding to all issues raised in the outstanding Office action; or (2) provide an explanation as to the signer’s authority in the “miscellaneous statement” field in the TEAS response form.
If the outstanding Office action was a final Office action, please note that the granting of additional time to perfect a response does not extend the time for filing an appeal to the Trademark Trial and Appeal Board under 37 C.F.R. §§2.141, 2.142 or a petition to the Director under 37 C.F.R. §2.146. 37 C.F.R. §2.63(b)(3); TMEP §718.03(b). An applicant must file a notice of appeal or petition within six months of the issuance date of a final action. 37 C.F.R. §§2.142(a), 2.146(d); see 15 U.S.C. §1062(b); 37 C.F.R. §2.63(b)(2)(ii)-(iii).
What happens if the USPTO does not receive a properly signed response within the specified time period: If applicant does not properly respond within the specified time period, this application will be abandoned because applicant filed an incomplete response. 37 C.F.R. §2.65(a); TMEP §§715.03(a)(ii)(E), 718.03. In such case, applicant may file a petition to the Director to request a reversal of the decision to abandon the application. TMEP §§718.03(b), 1713.01-.02; see 37 C.F.R. §2.146(a)(3). The petition must be filed within two months of the date of issuance of the notice of abandonment and may be filed online through TEAS with a $100 fee. See 37 C.F.R. §§2.6(a)(15)(ii), 2.146(d); TMEP §1705.04.
GUIDELINES FOR SIGNING RESPONSES
As stated above, in the case of joint applicants that are not represented by a qualified attorney, each of the joint applicants must sign. 37 C.F.R. §2.193(e)(2)(ii); TMEP §611.06(a). In the case of juristic applicants, the response must be signed by someone with legal authority to bind the applicant (e.g., a corporate officer or general partner). See 37 C.F.R. §2.193(e)(2)(ii); TMEP §§611.03(b), 611.06(b)-(h), 712.01.
In addition, the proper signatory must personally sign or personally enter his or her electronic signature. See 37 C.F.R. §2.193(a), (e)(2); TMEP §§611.01(b), 611.02. The name of the signatory must also be printed or typed immediately below or adjacent to the signature, or identified elsewhere in the filing. 37 C.F.R. §2.193(d); TMEP §611.01(b).
/Jonathan Falk/
Jonathan R. Falk
Trademark Examining Attorney
Law Office 111
(571)272-5301
Jonathan.falk@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.