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: 4/22/2019

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issues below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

SUMMARY OF THE ISSUES:

 

-       Prior-Filed Applications – Advisory

-       Section 2(d) Likelihood of Confusion – Partial Refusal

-       Classification and Identification of the Goods and Services – Clarification Required

-       Multiple-Class Application Requirements – Advisory

 

PRIOR-FILED APPLICATIONS – ADVISORY

 

The filing date of pending U.S. Application Serial Nos. 87333262, 87333270, 87333282, 87426820, all four owned by the same party, and 87915988, 88223244, 88190445, all three owned by the same party, and 79233173, precedes 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 marks in the referenced applications.  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.

 

However, Applicant must respond to the refusal and requirements below.

 

SECTION 2(d) LIKELIHOOD OF CONFUSION – PARTIAL REFUSAL

 

This refusal is limited to International Classes 025 and 041.

 

Applicant seeks registration of the mark REVERB. Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 4730382, 5361392, 5450086, 5617435, 5627857, 5627858, 5703347, 4294312, 4596888, and 4604900. 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 and services 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 and services.  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 [or services] and differences in the marks.”); TMEP §1207.01.

 

Applicant seeks registration of the mark REVERB in relevant part for:

 

“Carnival masks; masquerade masks; dance costumes; masquerade costumes; Halloween costumes; costumes for use in role-playing games, clothing, namely, shirts, t-shirts, sweatshirts, sweatpants, pants, camp shirts, sweaters, jogging pants, shorts, socks, robes, beach pants, tank tops, jackets, scarves, hooded shirts, swimwear, dresses, gloves as clothing, yoga shirts, yoga pants, mittens, neck warmers, gowns, pajamas, underwear, loungewear, women's ceremonial dresses, skirts, blouses; athletic uniforms; leg warmers; headgear, namely, skull caps, hats, caps and visors as headwear; stockings, suspenders, boxer shorts' underwear; raincoats; cloth aprons; footwear; belts; headbands; and bandannas” in International Class 025

 

“Entertainment services, namely, organizing and conducting stage shows, nightclub shows, dance shows, concerts, contests, dances and parties, all provided aboard a cruise ship; entertainment services in the nature of live performances by a musical band, musical performances, live dance performances and live stage shows; entertainment exhibitions in the nature of dance performances; organizing cultural activities; arranging and conducting of concerts; theatrical show performances; and theatrical and musical floor shows provided at performance venues” in International Class 041

 

The registered mark, owned by Registrant #1, relevant to the International Classes 025 and 041 refusal is:

 

U.S. Registration No. 4730382 REVERB in relevant part for:

 

“Clothing, namely, t-shirts” in International Class 025

 

“Computerized on-line ordering featuring general consumer merchandise” in International Class 035

 

“Providing a website featuring blog posts, non-downloadable audio and non-downloadable video content containing information relevant to music, musical instruments and accessories” in International Class 041

 

The registered marks, all owned by Registrant #1, relevant to the International Class 025 refusal are:

 

U.S. Registration No. 5361392 REVERB in relevant part for “Computerized on-line ordering featuring general consumer merchandise” in International Class 035.

 

U.S. Registration No. 5450086 REVERB LP in relevant part for “Computerized on-line ordering featuring general consumer merchandise” in International Class 035.

 

U.S. Registration No. 5617435 FOUND ON REVERB in relevant part for “Computerized on-line ordering featuring general consumer merchandise” in International Class 035.

 

U.S. Registration No. 5627857 REVERB PROTECTION in relevant part for “Computerized on-line ordering featuring general consumer merchandise” in International Class 035.

 

U.S. Registration No. 5627858 REVERB PRICE GUIDE in relevant part for “Computerized on-line ordering featuring general consumer merchandise” in International Class 035.

 

U.S. Registration No. 5703347 REVERB BUMP in relevant part for “Computerized on-line ordering featuring general consumer merchandise” in International Class 035.

 

The registered marks relevant to the International Class 041 refusal are:

 

U.S. Registration No. 4294312 THEATRE REVERB (owned by Registrant #2) in relevant part for “Entertainment in the nature of live theatrical performances” in International Class 041.

 

U.S. Registration No. 4596888 REVERBNATION (owned by Registrant #3) in relevant part for “Providing a website featuring entertainment information; Providing a website featuring entertainment information in the field(s) of music and musicians including music, music videos, and photos of musicians and performances; Providing a website for entertainment purposes featuring videos, songs, photos, and descriptions about musicians, their music, performance schedules, press coverage, and bios” in International Class 041.

 

U.S. Registration No. 4604900 REVERBNATION (owned by Registrant #3) in relevant part for “Providing a website featuring entertainment information; Providing a website featuring entertainment information in the field(s) of music and musicians including music, music videos, and photos of musicians and performances; Providing a website for entertainment purposes featuring videos, songs, photos, and descriptions about musicians, their music, performance schedules, press coverage, and bios” in International Class 041.

 

Similarity of the Marks

 

In a likelihood of confusion determination, the marks in their entireties are compared for similarities in appearance, sound, connotation, and commercial impression.  In re i.am.symbolic, llc, 866 F.3d 1315, 1323, 123 USPQ2d 1744, 1748 (Fed. Cir. 2017); 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)); In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973); TMEP §1207.01(b)-(b)(v). 

 

In the present case, Applicant’s REVERB mark is confusingly similar to the U.S. Registration No. 4730382 REVERB and U.S. Registration No. 5361392 REVERB marks in terms of appearance, sound, and commercial impression. These marks are identical in appearance, sound, and meaning, with respect to the word portion, “and have the potential to be used . . . in exactly the same manner.”  In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411 (TTAB 2015), aff’d, 866 F.3d 1315, 123 USPQ2d 1744 (Fed. Cir. 2017).  Additionally, because they are identical in terms of the word portion, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with Applicant’s and Registrant’s respective goods and services.  Id. Therefore, the marks are confusingly similar. 

 

Further, Applicant’s REVERB mark is confusingly similar to the rest of the registered marks in terms of appearance, sound, and commercial impression. Marks may be confusingly similar in appearance where similar terms or phrases or similar parts of terms or phrases appear in the compared marks and create a similar overall commercial impression.  See Crocker Nat’l Bank v. Canadian Imperial Bank of Commerce, 228 USPQ 689, 690-91 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n, 811 F.2d 1490, 1495, 1 USPQ2d 1813, 1817 (Fed. Cir. 1987) (finding COMMCASH and COMMUNICASH confusingly similar); In re Corning Glass Works, 229 USPQ 65, 66 (TTAB 1985) (finding CONFIRM and CONFIRMCELLS confusingly similar); In re Pellerin Milnor Corp., 221 USPQ 558, 560 (TTAB 1983) (finding MILTRON and MILLTRONICS confusingly similar); TMEP §1207.01(b)(ii)-(iii). Here, Applicant’s and Registrants’ marks share the identical term REVERB; thus, they appear and sound identical in part.

 

Lastly, Applicant’s REVERB mark is confusingly similar to the rest of the registered marks because it merely deletes matter from the registered marks. Although Applicant’s mark does not contain the entirety of the registered marks, Applicant’s mark is likely to appear to prospective purchasers as a shortened form of Registrants’ marks.  See In re Mighty Leaf Tea, 601 F.3d 1342, 1348, 94 USPQ2d 1257, 1260 (Fed. Cir. 2010) (quoting United States Shoe Corp., 229 USPQ 707, 709 (TTAB 1985)).  Thus, merely omitting some of the wording from a registered mark may not overcome a likelihood of confusion.  See In re Mighty Leaf Tea, 601 F.3d 1342, 94 USPQ2d 1257; In re Optica Int’l, 196 USPQ 775, 778 (TTAB 1977); TMEP §1207.01(b)(ii)-(iii).  In this case, Applicant’s mark does not create a distinct commercial impression from the registered marks because it contains some of the wording in the registered marks and does not add any wording that would distinguish it from these marks.

 

Relatedness of the Goods or Services

 

The compared goods or services 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 or services] 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 or services 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 goods and services of the Registrants 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” as the goods and services of Applicant.  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)). 

 

With respect to International Class 025, Applicant’s goods are related to Registrant #1’s goods and services, because they are identical in part and related in part as demonstrated by the attached evidence. First, both Applicant and Registrant #1 are engaged in providing identical goods, namely, t-shirts. Second, the attached Internet evidence, consisting of screenshots of the webpages of entities similar to Applicant and Registrant, establishes that the same entity commonly provides the relevant goods and services – various clothing goods, such as t-shirts, dresses, pants, and online ordering services of general consumer goods – and that the relevant goods and services are sold or provided through the same trade channels and used by the same classes of consumers in the same fields of use.  See:

 

-       Anthropologie: http://www.anthropologie.com/

-       Target: http://www.target.com/ and http://www.retaildive.com/news/8-target-private-label-brands-that-launched-this-year/541814/

-       Nordstrom: http://shop.nordstrom.com/?origin=tab-logo

 

With respect to International Class 041, Applicant’s services are related to the services of Registrant #2 because they are identical in part. Specifically, both Applicant and Registrant #2, owner of U.S. Registration No. 4294312 THEATRE REVERB, are engaged in providing identical services, namely, entertainment in the nature of theatrical performances.

 

Further, with respect to International Class 041, Applicant’s services are related to the services provided by Registrants #1 and #3, as demonstrated by the attached evidence. The attached Internet evidence, consisting of screenshots of the webpages of entities similar to Applicant and Registrants, establishes that the same entity commonly provides the relevant services – organization and presentation of entertainment events and performances and a website featuring entertainment content and information – and that the relevant services are provided through the same trade channels and used by the same classes of consumers in the same fields of use.  See:

 

-       Disney Cruise Line – entertainment services in the nature of organizing and conducting various shows and performances on a cruise ship and a website featuring entertainment information: http://disneycruise.disney.go.com/onboard-activities/list/live-shows-entertainment/

-       Carnival – entertainment services in the nature of organizing and conducting various shows and performances on a cruise ship and a website featuring entertainment information: http://www.carnival.com/onboard/cruise-entertainment

-       Artic Monkeys – providing live musical performances and a website featuring entertainment content, information, etc: http://www.arcticmonkeys.com/

 

Thus, Applicant’s and Registrants’ goods and services are considered related for likelihood of confusion purposes.  See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB 2009).

 

Conclusion

 

Because Applicant's and Registrants’ marks are similar and because the goods and services are related, Applicant's mark must be refused registration pursuant to Section 2(d) of the Lanham Act, as to International Classes 025 and 041.

 

Although Applicant's mark has been refused registration, Applicant may respond to the refusal by submitting evidence and arguments in support of registration. However, if Applicant responds to the refusal, Applicant must also respond to the requirements set forth below.

 

CLASSIFICATION AND IDENTIFICATION OF THE GOODS AND SERVICES – CLARIFICATION REQUIRED

 

Applicant’s current classification and identification of the goods and services is not acceptable and requires clarification.

 

International Class 025

 

First, Applicant has classified “Carnival masks; masquerade masks” in International Class 025; however, the proper classification is International Class 028.  Therefore, Applicant may respond by (1) moving these goods to International Class 028, or (2) deleting these goods from the application.  See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. 

 

Second, the wording “boxer shorts' underwear” in the identification of goods is indefinite and must be clarified because it does not make clear the nature of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to specify the common commercial or generic name of the goods.  See TMEP §1402.01.  If the goods have no common commercial or generic name, Applicant must describe the product, its main purpose, and its intended uses. See id.

 

The remainder of the wording in this class is acceptable but Applicant is strongly encouraged to adopt the minor suggestions.

 

International Class 028

 

The wording in this class is acceptable but Applicant is strongly encouraged to adopt the minor suggestions.

 

International Class 041

 

The wording “Entertainment services, namely, organizing and conducting stage shows, nightclub shows, dance shows, concerts, contests, dances and parties, all provided aboard a cruise ship; entertainment services in the nature of live performances by a musical band, musical performances, live dance performances and live stage shows; entertainment exhibitions in the nature of dance performances; organizing cultural activities” and “theatrical show performances” in the identification of services is indefinite and must be clarified because it does not make clear the nature of the services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to specify the common commercial or generic name of the services.  See TMEP §1402.01.  If the services have no common commercial or generic name, Applicant must describe or explain the nature of the services using clear and succinct language.  See id.

 

The remainder of the wording in this class is acceptable but Applicant is strongly encouraged to adopt the minor suggestions.

 

Suggested Identification

 

Applicant may substitute the following wording, if accurate: 

 

International Class 025: Dance costumes; masquerade costumes; Halloween costumes; costumes for use in role-playing games; clothing, namely, shirts, t-shirts, sweatshirts, sweatpants, pants, camp shirts, sweaters, jogging pants, shorts, socks, robes, beach pants, tank tops, jackets, scarves, hooded shirts, swimwear, dresses, gloves as clothing, yoga shirts, yoga pants, mittens, neck warmers, gowns, pajamas, underwear, loungewear, women's ceremonial dresses, skirts, blouses; athletic uniforms; leg warmers; headwear, namely, skull caps, hats, caps and visors as headwear; stockings, suspenders, boxer shorts; underwear; raincoats; cloth aprons; footwear; belts; headbands; bandannas

 

International Class 028: Modeled plastic toy figurines and attachable wearable, magnetic toy figurines; board games; bubble making wand and solution sets; decorative wind socks; costume masks; inflatable toys; kites; toy vehicles; party favors in the nature of small toys; plastic inflatable balls for amusement; pinatas; playsets for use with toy action figures; punching toys; puzzles; ride-on toys; skateboards; sports balls; plush toys; stuffed toys; toy action figures; toy building blocks capable of interconnection; toy boxes; toy figures; toy whistles; water squirting toys; yo-yos; weapon toys, namely, swords; soft sculpture dolls; playing cards; playing card games; jigsaw puzzles; puzzle games; carnival masks; masquerade masks

 

International Class 041: Entertainment services, namely, organizing and conducting stage shows in the nature of {indicate nature of performances, e.g., plays, concerts or lecture for hire}, nightclub parties, dance performances, concerts, contests, dance events and parties, all provided aboard a cruise ship; entertainment services in the nature of live performances by a musical band, live musical performances, live dance performances and live stage shows in the nature of {indicate nature of performances, e.g., plays, concerts or lecture for hire}; entertainment exhibitions in the nature of dance performances; organizing cultural events; arranging and conducting of concerts; theatrical show performances provided at performance venues; theatrical and musical floor shows provided at performance venues

 

Amendment Guidelines

 

Applicant’s goods and services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, Applicant may not substitute different goods and services or add goods and services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and services will further limit scope, and once goods and services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).

 

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual.  See TMEP §1402.04.

 

MULTIPLE-CLASS APPLICATION REQUIREMENTS – ADVISORY

 

The application identifies goods and services in more than one international class; therefore, Applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(1)       List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)       Submit a filing fee for each international class not covered by the fees already paid (view the USPTO’s current fee schedule).  Although the application identifies goods and services that can be classified in different classes, no additional fee is required, as the additional class has already been paid for.

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

ASSISTANCE

 

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 and requirements 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 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.  

 

 

 

/Xheneta Ademi/

Examining Attorney

Law Office 122

(571) 272-7151

xheneta.ademi@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 4/22/2019 FOR U.S. APPLICATION SERIAL NO. 88336408

 

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 4/22/2019 (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.