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: 6/6/2019

 

INTRODUCTION

 

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.

 

SEARCH OF OFFICE’S DATABASE OF MARKS

 

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:

• Identification of Goods
• Multi-Class Application Requirements
• Description of Mark Required
• Foreign Registration Certificate Required
• Unsigned Application

 

IDENTIFICATION OF GOODS

 

The identification of goods contains parentheses.  Generally, applicants should not use parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and brackets in registrations to indicate goods that have been deleted from registrations or in an affidavit of incontestability to indicate goods not claimed.  See TMEP §1402.12.  The only exception is that parenthetical information is permitted in identifications in an application if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity or scope of the identification, e.g., “fried tofu pieces (abura-age).”  Id.

 

Therefore, applicant must remove the parentheses from the identification and incorporate any parenthetical or bracketed information into the description of the goods.

 

Class 9:

 

Applicant has included the term "and/or" in the identification of goods.  However, this term is generally not accepted in identifications when (1) it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods; (2) the nature of the goods is unclear; or (3) classification cannot be determined from such wording.  See TMEP §1402.03(a).  In this case, it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods.

 

An application must specify, in an explicit manner, the particular goods on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce.  See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Therefore, applicant should replace "and/or" with "and" in the identification of goods, if appropriate, or rewrite the identification with the "and/or" deleted and the goods specified using definite and unambiguous language.

 

Similarly, the wording "including" in the identification of goods is indefinite and must be deleted and replaced with a definite term, such as “namely,” “consisting of,” “particularly,” or “in particular.”  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a).  The identification must be specific and all-inclusive.  This wording is an open-ended term (e.g., “including,” “such as”) that is not acceptable because it fails to identify specific goods.  See TMEP §1402.03(a).

 

The identification of goods contains several entries that are indefinite and too broad.  For example, applicant must clarify the wording "photographic, cinematographic, optical and teaching apparatus and instruments" and "software" in the identification of goods because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, "photographic, cinematographic, optical and teaching apparatus and instruments" is broad enough to include "artificial limbs for medical instruction purposes" in International Class 9, "optometric instruments for locating the optical center of ophthalmic lenses" in International Class 10, and "dry erase writing boards and writing surfaces" in International Class 16.  "Software" may also encompass "downloadable computer game software" in International Class 9 and non-downloadable computer software in International Class 42.

 

Additionally, several entries in the identification of goods are indefinite and must be clarified because the precise nature of the goods is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  For example, "recorded and/or downloadable computer software, programmes and mobile applications" must include a specification of the purpose or function of the software as well as the items using the mobile applications.  "Magnetic data carriers, recording discs, compact discs, DVDs and other digital recording media" is also indefinite because applicant must specify the goods are either blank or the type of information the goods contain, and applicant must clarify with specificity what "other digital recording media" entails.  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.

 

Applicant has classified "games software supplied on-line from databases or provided through a global computer network" and "animated television series" in International Class 9; however, the proper classification is International Class 41.  Therefore, applicant may respond by (1) adding International Class 41 to the application and reclassifying these goods in the proper international class, (2) deleting "games software supplied on-line from databases or provided through a global computer network" and "animated television series" from the application, or (3) deleting the remainder of the items in the identification and reclassifying the specified goods in the proper international class.  See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq.  If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in this Office action.

 

Class 28:

 

Applicant is advised to delete or modify the duplicate entry in the identification of goods 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).

 

Several entries in the identification of goods are indefinite and must be clarified because the precise nature of the goods is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  For example, "toys, games, playthings and novelties" is too indefinite because the types of toys, games, playthings, and novelties must be specified.  Also, "gymnastic articles not included in other classes" must be amended because it does not specify with particularity the goods applicant is providing.  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.

 

Additionally, applicant must clarify the wording "decorations for Christmas trees" in the identification of goods because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, "tinsel for decorating Christmas trees" is in International Class 28 and "confectionery for decorating Christmas trees" is in International Class 30.

 

Applicant may substitute the following wording, if accurate, with suggested amendments in bold:

 

Class 9:            Photographic, cinematographic, optical and teaching apparatus and instruments, namely, _______________ {specify apparatus and instruments, e.g., lenses for photographic apparatus, optical character recognition apparatus, electronic sports training simulators}; apparatus for recording, transmission or reproduction of sound and images; computers; data processing equipment; recorded and downloadable computer software programmes and mobile applications for _______________ {specify items, e.g., mobile phones, portable media players, handheld computers}, namely, software for _______________ {specify the function of the programs, e.g., use in database management, use in electronic storage of data}; downloadable computer software for _______________ {specify the function of the programs, e.g., use in database management, use as a spreadsheet, word processing, etc. and, if software is content- or field-specific, the content or field of use}; downloadable computer programmes for interactive games and quizzes; downloadable mobile application software for mobile telephones, smart phones, computer tablets, personal digital assistants, hand-held computers, laptops and notebook computers}, namely, software for _______________ {specify the function of the programs}; downloadable computer games software; computer games, namely, _______________ {specify items, e.g., computer game discs, downloadable computer game software}; recorded and downloadable computer application software featuring games for _______________ {specify items, e.g., mobile phones, portable media players, handheld computers}; downloadable video games software; recorded and downloadable interactive games software adapted for use with television receivers, virtual reality equipment, games consoles, computers, mobile phones, tablets and other mobile devices; video game cartridges; pre-recorded laser discs featuring games; pre-recorded compact discs featuring games; downloadable information relating to games and gaming, namely, _______________ {specify matter to be downloaded, e.g., electronic games, computer game instruction manuals} via the internet and wireless devices; blank magnetic data carriers, blank recording discs, blank compact discs, blank recordable DVDs and other digital recording media, namely, _______________ {specify digital recording media, e.g., blank computer discs, blank optical discs, blank magnetic discs}; multi-media discs, namely, _______________ {specify digital recording media, e.g., blank computer discs, blank optical discs, blank magnetic discs}; blank or pre-recorded audio cassettes, compact discs, DVDs, CD ROMS, laser-readable disks, video tapes, and optical-magnetic discs, all featuring _______________ {indicate subject matter}; pre-recorded computer memory discs and cards featuring _______________ {indicate subject matter}; pre-recorded computer data carriers featuring _______________ {indicate subject matter}; optical storage media with increased storage capacity, namely, _______________ {specify storage media, e.g., optical disk drives, blank optical disks}; computer and memory storage devices, namely, blank flash drives, blank USB drives, memory cards and memory card readers; sound, music, and video recordings featuring _______________ {specify subject matter, e.g., music, self-improvement, mathematics instruction}; multi-media recordings and publications, namely, _______________ {specify goods, e.g., musical recordings}; motion picture films about _______________ {indicate subject matter}; videotapes and video disks recorded with animations; downloadable animated movies featuring _______________ {indicate subject matter} provided via a video-on-demand service; downloadable video game programs; downloadable cartoon strips featuring animated cartoons; exposed cinematographic films; electronic media and magnetic media, namely, _______________ {specify media, e.g., pre-recorded DVDs, pre-recorded CDs} all bearing still and moving images, photographs, graphics, music, sound, audio, and visual recordings, text, {specify type of data} data, statistics, books, publications in the nature of _______________ {indicate specific nature of publication}, electronic publications in the nature of _______________ {indicate specific nature of publication}, instructional materials and resources, movies, videos, television shows, television programmes, radio shows, radio programmes, animations, games, quizzes, user generated content being _______________ {specify form of content}, activity cards, game cards, colouring pages, posters, images, icons, pictures, greeting cards, occasion cards, calendars, posters, or a combination thereof all featuring _______________ {indicate subject matter}; recorded or downloadable still and moving images, photographs, graphics, music, sound, audio and visual recordings, text, _______________ {specify type of data} data, statistics, books, publications in the nature of _______________ {indicate specific nature of publication}, electronic publications in the nature of _______________ {indicate specific nature of publication}, instructional materials and resources, movies, videos, television shows, television programmes, radio shows, radio programmes, animations, games, quizzes, user generated content being _______________ {specify form of content}, activity cards, game cards, colouring pages, posters, images, icons, pictures, greeting cards, occasion cards, calendars, posters, or a combination thereof all featuring _______________ {indicate subject matter}; printed publications in electronically, magnetically or optically recorded and recordable form in the nature of _______________ {indicate specific nature of publication} in the field of _______________ {indicate subject matter of publication}; recorded or downloadable electronic books, manuals, booklets, magazines, newsletters, journals, periodicals, publications, instructional and teaching materials all in the field of _______________ {indicate subject matter}; recorded or downloadable electronic publications, with still and moving images, photographs, graphics, music, sound, audio and visual recordings, text, _______________ {specify type of data} data, statistics, books, publications, electronic publications, instructions materials and resources, movies, videos, television shows, television programmes, radio shows, radio programmes, animations, games, quizzes, user generated content being _______________ {specify form of content}, activity cards, game cards, colouring pages, posters, images, icons, pictures, greeting cards, occasion cards, calendars, posters, or a combination thereof all in the field of _______________ {indicate subject matter of publications}; downloadable electronic books, namely, fiction books, non-fiction books, reference books, interactive books, audio books, picture books, graphic novels, illustrated books, educational books, guide books all in the field of _______________ {indicate subject matter}; electronic databases in the field of _______________ {indicate subject matter or field} recorded on computer media; downloadable computer software for database management; electronic databases of videos, television programmes, television shows, games, photographs, audio and visual recordings, still and moving images, quizzes, electronic publications in the nature of _______________ {indicate specific nature of publication}, user generated content being _______________ {specify form of content}, text, _______________ {specify type of data} data, statistics and _______________ {specify type of information} information all in the field of _______________ {indicate subject matter or field} recorded on computer media; downloadable computer software and downloadable mobile applications software for _______________ {specify items, e.g., mobile phones, portable media players, handheld computers}, namely, software for accessing, creating, integrating, browsing and searching databases; downloadable middleware for electronic directories; downloadable ring-tones for mobile phones; downloadable digital screen wallpaper graphics; downloadable podcasts in the field of _______________ {indicate field or subject matter}; electronic book readers; digital photo frames; eyewear; optical glasses; sunglasses; goggles for sports; spectacles; cords, frames, optical lenses made of _______________ {specify material, e.g., glass, plastic, polycarbonate} and cases for use with eyewear; visors for _______________ {indicate type of helmets, e.g., protective, football} helmets; mobile telephone fascias, namely, fitted plastic films known as skins for covering and protecting mobile telephones; cameras; mobile phones; telephones; electronic diaries; radios; headphones; earphones; audio speakers; batteries; battery chargers; battery chargers for mobile phones; karaoke machines; magnets; fridge magnets; computer peripherals; mouse mats; computer mice; fitted plastic films known as covers, skins and cases for covering and protecting mobile handheld electronic devices, namely, telephones, computer tablets, Personal Digital Assistants and electronic book readers; parts and fittings for all the aforesaid goods, namely, _______________ {specify parts and fittings}

 

Class 28:          Toys, games, playthings and novelties, namely, _______________ {specify goods, e.g., action figure toys, board games, puppet theatres}; gymnastic articles not included in other classes, namely, gymnastic _______________ {specify goods, e.g., rings, apparatus, vaulting horses, parallel bars}; decorations for Christmas trees, namely, _______________ {specify decorations, e.g., Christmas tree ornaments, bells for Christmas trees}; exercise machines and manually-operated exercise equipment; board games; card games; quiz games; puzzles; electronic toys, games and playthings, namely, _______________ {specify goods, e.g., electronic action toys, electronic dart games}; paper party hats; electronic games, namely, _______________ {specify games, e.g., arcade-type electronic video games, electronic dart games}; handheld devices for playing electronic games; video game machines; amusement apparatus adapted for use with television receivers only; arcade video game machines; video game joysticks; controllers for game consoles; coin-operated amusement machines; bags and cases specially adapted for handheld video games and gaming machines; balls for playing _______________ {specify sports, e.g., dodgeball, handball, racketball}; bath toys; costume masks; dice games; gaming chips and dice; inflatable toys; mechanical toys; mechanical games, namely, _______________ {specify games, e.g., tabletop games, building games, memory games}; jigsaw puzzles; water toys; parts and fittings for all the aforesaid goods, namely, _______________ {specify parts and fittings}

 

Class 41:         Providing on-line computer games, namely, games software supplied on-line from databases and provided through a global computer network; Entertainment services, namely, an ongoing animated series featuring _______________ {indicate subject matter} provided through cable television

 

Applicant may amend the identification 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.  Generally, any deleted goods may not later be reinserted.  See TMEP §1402.07(e).

 

For assistance with identifying and classifying goods 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

 

The application identifies goods in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Sections 1(b) and 44:

 

(1)        List the goods 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).  The application identifies goods that are classified in at least three classes; however, applicant submitted fees sufficient for only two classes.  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

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 Sections 1(b) and 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

DESCRIPTION OF MARK REQUIRED

 

Although applicant submitted a drawing showing the mark in color with a color claim, applicant did not provide the required description that specifies where each color appears in the literal and design elements in the mark.  See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §807.07(a)-(a)(ii).  Therefore, applicant must provide this description.  See TMEP §807.07(a)(ii).  Further, the word "stylization" in the mark description is too vague and must be amended to describe with particularity the design in the mark.

 

Generic color names must be used to describe the colors in the mark, e.g., red, yellow, blue.  TMEP §807.07(a)(i)-(ii).  If black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark, applicant must so specify in the description.  See TMEP §807.07(d).

 

The following description is suggested, if accurate:

 

The mark consists of the stylized black words "SOLD OUT" with a design to the left of the wording.  The design consists of a stylized "S", which changes colors from bottom to top, black, pink, orange, green, and blue.

 

FOREIGN REGISTRATION CERTIFICATE REQUIRED

 

The application specifies both an intent to use basis under Trademark Act Section 1(b) and a claim of priority under Section 44(d) based on a foreign application.  See 15 U.S.C. §§1051(b), 1126(d); 37 C.F.R. §2.34(a)(2), (a)(4).  However, no copy of a foreign registration has been provided even though the application indicates applicant’s intent to rely on Section 44(e) as an additional basis for registration.  See 15 U.S.C. §1126(e).

 

An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an applicant’s country of origin.  15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004, 1004.01, 1016.  In addition, an applicant’s country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law.  15 U.S.C. §1126(b); TMEP §§1002.01, 1004.

 

Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available.  TMEP §1003.04(a).  A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in applicant’s country of origin.  TMEP §1004.01.  If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to applicant’s country of origin.  TMEP §1016.  In addition, applicant must also provide an English translation if the foreign registration is not written in English.  37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b).  The translation should be signed by the translator.  TMEP §1004.01(b).

 

If the foreign registration has not yet issued, or applicant requires additional time to procure a copy of the foreign registration (and English translation, as appropriate), applicant should so inform the trademark examining attorney and request that the U.S. application be suspended until a copy of the foreign registration is available.  TMEP §§716.02(b), 1003.04(b).

 

If applicant cannot satisfy the requirements of a Section 44(e) basis, applicant may request that the mark be approved for publication based solely on the Section 1(b) basis.  See 15 U.S.C. §§1051(b), 1126(e); 37 C.F.R. §2.35(b)(1); TMEP §§806.02(f), 806.04(b), 1003.04(b).  Although the mark may be approved for publication on the Section 1(b) basis, it will not register until an acceptable allegation of use has been filed.  See 15 U.S.C. §1051(c)-(d); 37 C.F.R. §§2.76, 2.88; TMEP §1103.  Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration.  See 37 C.F.R. §2.35(b)(3)-(4); TMEP §§806.02(f), 806.04(b).

 

Alternatively, applicant has the option to amend the application to rely solely on the Section 44(e) basis and request deletion of the Section 1(b) basis.  See 37 C.F.R. §2.35(b)(1); TMEP §806.04.  The foreign registration alone may serve as the basis for obtaining a U.S. registration.  See 37 C.F.R. §2.34(a)(3); TMEP §806.01(d).

 

UNSIGNED APPLICATION

 

The application was unsigned, resulting in the application not being properly verified.  See TMEP §804.  Applicant must properly sign and therefore verify the application in an affidavit or signed declaration under 37 C.F.R. §2.20.  See 37 C.F.R. §§2.2(n), 2.33(a), (b)(2)-(c), 2.34(a)(2), (a)(3)(i), (a)(4)(ii); TMEP §804.02.

 

The following statements must be verified:  That applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; that applicant believes applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; that to the best of the signatory’s knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive; and that the facts set forth in the application are true.  37 C.F.R. §§2.33(b)(2), (c), 2.34(a)(2), (a)(3)(i), (a)(4)(ii).  For more information about this, see the Verified statement webpage.

 

To provide these verified statements.  After opening the correct TEAS response form, answer “yes” to wizard question #10, and follow the instructions within the form for signing.  In this case, the form will require two signatures:  one in the “Declaration Signature” section and one in the “Response Signature” section.

 

RESPONSE GUIDELINES

 

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 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.

 

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.

 

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.

 

If applicant has any questions or requires assistance in responding to this Office Action, please telephone the assigned examining attorney.

 

 

 

Matthew Howell

/Matthew Howell/

Examining Attorney

Trademark Law Office 123

(571)270-0992

matthew.howell@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 6/6/2019 FOR U.S. APPLICATION SERIAL NO. 88354839

 

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 6/6/2019 (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.