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: 5/30/2019

 

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

 

Search Results

 

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).

 

SUMMARY OF ISSUES:

 

• Refusal – Mark Differs on Drawing and Specimen
• Identification of Goods is Indefinite – Applies to Specific Goods in Class 28 ONLY

 

Refusal - Mark Differs on Drawing and Specimen

 

Registration is refused because the specimen does not show the mark in the drawing in use in commerce in International Class 28, which is required in the application or amendment to allege use.  Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a), 1301.04(g)(i).  The mark appearing on the specimen and in the drawing must match; that is, the mark in the drawing “must be a substantially exact representation of the mark” on the specimen.  See 37 C.F.R. §2.51(a)-(b); TMEP §807.12(a).

 

In this case, the specimen displays the mark as RYAN’S WORLD RED TITAN PLUSH 9”” STUFFED CAPE.  However, the drawing displays the mark as RED TITAN.  The mark on the specimen does not match the mark in the drawing because it contains the additional inherently distinctive wording “RYAN’S WORLD” and the wording “PLUSH 9”” STUFFED CAPE”.  Applicant has thus failed to provide the required evidence of use of the mark in commerce.  See TMEP §807.12(a).

 

Applicant may respond to this refusal by satisfying one of the following:

 

(1)       Submit a different specimen (a verified “substitute” specimen) for each applicable international class that (a) shows the mark in the drawing in actual use in commerce for the goods and/or services in the application or amendment to allege use, and (b) was in actual use in commerce at least as early as the filing date of the application or prior to the filing of an amendment to allege use.

 

Examples of specimens for goods include tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, and displays associated with the actual goods at their point of sale.  See TMEP §§904.03 et seq.  Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods.  TMEP §904.03(i).  Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and webpages that show the mark used in the actual sale, rendering, or advertising of the services.  See TMEP §1301.04(a), (h)(iv)(C).

 

(2)       Submit a request to amend the filing basis to intent to use under Section 1(b), for which no specimen is required.  This option will later necessitate additional fee(s) and filing requirements such as providing a specimen.

 

The USPTO will not accept an amended drawing submitted in response to this refusal because the changes would materially alter the drawing of the mark in the original application or as previously acceptably amended.  See 37 C.F.R. §2.72(a)-(b); TMEP §807.14.  Specifically, amending the mark on the drawing to agree with the mark on the specimen would be a material alteration, as the addition of the inherently distinctive wording “RYAN’S WORLD” and the wording “PLUSH 9”” STUFFED CAPE” would significantly alter the overall visual and aural commercial impression imparted by the mark, and would require a further search of the register for conflicting marks. As a general rule, the addition of any element that would require a further search will constitute a material alteration.   In re Pierce Foods Corp., 230 USPQ 307, 308-09 (TTAB 1986). 

 

For more information about drawings and instructions on how to satisfy these response options online using the Trademark Electronic Application System (TEAS) form, see the Drawing webpage.

Declaration for Substitute Specimen – TEAS Instructions

 

To submit a verified specimen or verified substitute specimen online using the Trademark Electronic Application System (TEAS) response form, (1) answer “Yes” to form wizard question #2; and then, continuing on to the next portion of the form, under the heading “Classification and Listing of Goods/Services/Collective Membership Organization,” do the following for each relevant class for which a specimen is being submitted:  (2) check the box next to the following statement:  “Check here to modify the current classification number; listing of goods/services/the nature of the collective membership organization; dates of use; and/or filing basis; or to submit a substitute specimen, a foreign registration certificate, or proof of renewal of a foreign registration.  If not checked, the changes will be ignored.”; (3) under “Specimen File,” attach a specimen (attachment may not exceed 5 megabytes); (4) describe in the box below where you attached the file what the specimen consists of; and (5) check the box next to the following statement below the specimen description (to ensure that the declaration language is inserted into the form): “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application” [for an application based on Section 1(a), Use in Commerce] OR “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use” [for an application based on Section 1(b) Intent-to-Use].  Additionally, when submitting a verified specimen, the TEAS online form requires two signatures: one in the “Declaration Signature” section and one in the “Response Signature” section.

 

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

 

If applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.

 

Identification of Goods is Indefinite - Applies to Specific Goods in Class 28 ONLY

 

The wording “Toys” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in Class 28 (e.g., “Plush toys”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “Playthings” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in Class 28 (e.g., “Playthings, namely, {specify common commercial name in Class 28, e.g., puppet theatres}”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “Games” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in Class 28 (e.g., “Board games”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

 

 

The wording “Magnetic scribbles” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in Class 28 (e.g., “Magnetic scribbles, namely, drawing toys comprised of drawing boards, magnetic styluses, and metal particles”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “Figurines” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in Class 28 (e.g., “toy figurines”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “Slime” in the identification of goods is a registered mark not owned by applicant; accordingly, applicant must amend the identification to delete this wording and, if not already included in the identification, provide the common commercial or generic name of the goods.  TMEP §1402.09; see 37 C.F.R. §2.32(a)(6); Camloc Fastener Corp. v. Grant, 119 USPQ 264, 264 n.1 (TTAB 1958).  See the attached U.S. Registration Nos. 2206408, 3845627 and 4768949. 

 

Identifications of goods should generally be comprised of generic everyday wording for the goods, and exclude proprietary or potentially-proprietary wording.  See TMEP §§1402.01, 1402.09.  A registered mark indicates origin in one particular party and so may not be used to identify goods that originate in a party other than that registrant.  TMEP §1402.09 (citing Camloc Fastener Corp. v. Grant, 119 USPQ at 264 n.1). 

 

Applicant may replace such wording with the following, if appropriate:  “Freeflowing play gel.”

 

The wording “Squishies” in the identification of goods is a registered mark not owned by applicant; accordingly, applicant must amend the identification to delete this wording and, if not already included in the identification, provide the common commercial or generic name of the goods.  TMEP §1402.09; see 37 C.F.R. §2.32(a)(6); Camloc Fastener Corp. v. Grant, 119 USPQ 264, 264 n.1 (TTAB 1958).  See the attached U.S. Registration No. 5662213. 

 

Identifications of goods should generally be comprised of generic everyday wording for the goods, and exclude proprietary or potentially-proprietary wording.  See TMEP §§1402.01, 1402.09.  A registered mark indicates origin in one particular party and so may not be used to identify goods or services that originate in a party other than that registrant.  TMEP §1402.09 (citing Camloc Fastener Corp. v. Grant, 119 USPQ at 264 n.1). 

 

Applicant may replace such wording with the following, if appropriate:  “Squishable plush toys.”

 

The wording “Squishable toys” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in Class 28 (e.g., “Squishable plush toys”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “Spinners” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in Class 28 (e.g., “Spinning fidget toys”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “Bric pix” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in Class 28 (e.g., “Bric pix, namely, toy building blocks”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “Stack and spin” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in Class 28 (e.g., “Stacking toys and spinning tops”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “Blind bags containing toys” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in Class 28 (e.g., “Blind bags containing toys, namely, carry bags sold filled with children’s toys”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “Toy figures and play sets” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the type of playsets (e.g., “Toy figures and play sets therefor”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “Spinning toys” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in Class 28 (e.g., “Spinning toys in the nature of spinning tops”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Applicant is advised to delete or modify the duplicate entry in the identification of goods in International Class 28 for “puzzles”.  See generally TMEP §§1402.01, 1402.01(a).  If applicant does not respond to this issue, be advised that the USPTO will remove duplicate entries from the identification prior to registration.

 

If modifying one of the duplicate entries, applicant may amend it to clarify or limit the goods, but not to broaden or expand the goods beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Also, generally, any deleted goods may not later be reinserted.  TMEP §1402.07(e).

 

The wording “Spinning games” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in Class 28 (e.g., “Spinning games, namely, games utilizing spinning tops and spinning fidget toys”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “Stacking games” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in Class 28 (e.g., “Stacking games, namely, games utilizing stacking toys”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “Game equipment for playing board games, card games, manipulative games, computer games, and action-type target games” in the identification of goods is indefinite and must be clarified because applicant must specify that said game equipment is “sold together as a unit” in order for said entry to be deemed sufficiently definite and properly classified in Class 28 (e.g., “Game equipment sold as a unit for playing board games, card games, manipulative games, computer games with LCD screen, and action-type target games”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “Toy bicycles” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in Class 28 (e.g., “Children's toy bicycles other than for transport”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “Toy tricycles” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the intended user of said goods (e.g., “Toy tricycles for children”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “Skates (4 wheel, inline, and Learn to Grow)” in the identification of goods is indefinite and must be clarified because it contains parentheses which must be removed and the parenthetical information incorporated into said entry (e.g., “in-line, 4 wheel and learn to grow roller skates”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “Elbow pads” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the intended use of said goods (e.g. “Elbow pads for athletic use”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

 

The wording “Wrist guards” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the intended use of said goods (e.g. “Wrist guards for athletic use”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

 

The wording “Knee pads” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the intended use of said goods (e.g. “Knee pads for athletic use”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

 

The wording “Scooter accessories” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in Class 28 (e.g., “accessories for toy scooters”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Note: The examining attorney sets forth below, the suggested changes to the identification of goods in bold and italicized font. In addition, the examining attorney uses strikethrough language to indicate wording that must be deleted from the identification of goods.

 

Applicant may substitute the following wording, if accurate: 

 

“Plush toys; Playthings, namely, {specify common commercial name in Class 28, e.g., puppet theatres}; {specify type of games in Class 28, e.g., board games}; Memory games; Playing cards; Puzzles; Wooden puzzles; Cardboard puzzles; Magnetic scribbles, namely, drawing toys comprised of drawing boards, magnetic styluses, and metal particles; Plush toys; Toy figurines; Freeflowing play gel; Squishies; Squishable plush toys; Squeeze toys; Spinning fidget toys; Yo-yos; Bric pix, namely, toy building blocks; Building block toys; Stacking toys and spinning tops; Toys, namely, infant toys, stuffed toys, fantasy character toys, and action figure toys; Dolls; Puppets; Soft dolls; Teddy bears; Board games; Card games; Chess games; Chess boards; Checkerboards; Checkers; Children's educational games for developing fine-motor, cognitive and counting skills; Pet toys; Blind bags containing toys, namely, carry bags sold filled with children’s toys; Games and playthings, namely, action skill games, action target games, arcade-type electronic education video games, board games, card games, building games, educational card games, electronic educational game machines for children, hand held units for playing electronic games other than those adapted for use with an external display screen or monitor, promotional game cards, puzzle games; Video game consoles for use with an external display screen or monitor; Plastic character toys; Action figure toys; Toy figures; Articles of clothing for toys, attachable, wearable; Magnetic toy figurines; Bath and bathtub toys; Toy figures and play sets therefor; Action figures and accessories therefore; Toy figures attachable to mobile phones, pencils or key rings; Ride-on toys; Balls for sports and balloons; Balls for games; Playing balls; Playground balls; Soccer balls; Baseballs; Tennis balls; Footballs; Volley balls; Rubber balls; Decorations and ornaments for Christmas trees; Christmas stockings; Toy vehicles; Toy mobiles; Surf boards; Snowboards; Skateboards; Skis; Toy air pistols; Toy pistols; Toy water guns; Backgammon games; Toy building blocks; Stacking toys; Spinning toys in the nature of spinning tops; Building games; Spinning games, namely, games utilizing spinning tops and spinning fidget toys; Stacking games namely, games utilizing stacking toys; Cups for dice; Darts; Dice; Doll beds; Doll clothes; Doll houses and doll rooms; Doll feeding bottles; Dominoes; Elbow guards for athletic use; Flippers for swimming; Floats for swimming; Floats for fishing; Flying discs; Automatic and coin-operated amusement game machines; Bats for games; Apparatus for electronic games other than those adapted for use with external display screen or monitor; Electronic game equipment for playing video games, namely, handheld units for playing video games other than those adapted for use with an external display screen or monitor; Gloves for games and sports, namely, baseball gloves, golf gloves, boxing gloves, hockey gloves, bowling gloves, football gloves; practical jokes, namely, toy and novelty face masks; Toy foam novelty items, namely, foam fingers and hands; Kites and kite reels; knee guards for athletic use; Marbles for games; Theatrical masks; Scale model vehicles; Rackets being tennis rackets, table tennis rackets, paddle rackets, badminton rackets, squash rackets; Infant's rattles; Ring games; Rocking horses; Roller skates; Slides for playgrounds; Soap bubbles dispenser toys, bubble making wand and solution sets; Spinning tops; Play swimming pools; Swimming webs, namely, flippers; Toys for domestic pets; Play articles for swimming, water games sports and activities, namely, water pistols, water squirting toys, water globes; Beach balls; Amusement game machines; Bingo cards; Butterfly nets; Confetti; In-line roller skates; Kaleidoscopes; Radio-controlled toy vehicles; Snow globes; Amusement apparatus for use in arcades incorporating a video monitor; Stand-alone video output game machines; Coin or counter operated arcade games; Horizontal pinball machines; Hand-held units for playing electronic games for use with external display screen or monitor; Non-electric handheld action skill games; Game equipment sold as a unit for playing board games, card games, manipulative games, computer games, and action-type target games; Puzzles; Paper face masks; Toy masks, namely, masquerade and Halloween masks; Water squirting toys; Dartboards; Swimming aids, namely, arm floats for recreational use; Swimming kick board flotation devices for recreational use; Swim boards for recreational use; Swim fins; Toy guns; Toy bakeware and toy cookware; Toy snow globes; Hockey sticks; Sling shots; Paper party hats; Tents for play; Teepees for play; Parts and fittings for consumer video game devices; Children's toy bicycles other than for transport, Toy tricycles for children, Toy Scooters, Ride-on Toys, In-line, 4 wheel and learn to grow roller skates, Elbow pads for athletic use, Wrist guards for athletic use, Knee pads for athletic use, Accessories for toy scooters, Streamers”; in International Class 28.

 

Scope of Goods (Advisory)

 

Applicant’s goods 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 or add goods 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 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 will further limit scope, and once goods 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.

 

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.

 

Furthermore, if applicant has an amendment that does not require the payment of a fee, submission of a specimen, response to a statutory refusal or declaration signature, applicant is encouraged to telephone the examining attorney to expedite the processing of the application.

 

 

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.  

 

 

 

 /Brian P. Callaghan/

Trademark Examining Attorney

U.S. Patent & Trademark Office

Law Office 108

Ph: (571) 272-4906

brian.callaghan@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 5/30/2019 FOR U.S. APPLICATION SERIAL NO. 88340786

 

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 5/30/2019 (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.