NOTE TO THE FILE
SERIAL NUMBER: 88365855
DATE: 07/24/2019
NAME: tbrown4
NOTE:
Email to attorney.
From: Brown, Tina
Sent: Wednesday, July 24, 2019 2:40 PM
To: trademarks@kelleydrye.com
Subject: U.S. TRADEMARK APPLICATION SERIAL NO. 88365855 - LOVE NATURE - 025495.0001
Hello Ms. Werner,
I am the USPTO attorney currently examining the application listed in the subject line above. I have reviewed applicant’s 07/10/2019 Response to the Office Action. However, an issue was mistakenly omitted from the 06/14/2019 and I am unable to approve this application because of the reason indicated below. The trademark examining attorney apologizes for any inconvenience this may cause. With your authorization, I can make the necessary changes to this application by Examiner’s Amendment. Then, I will be able to approve this application. Please respond by Friday, July 26, 2019. Thank you.
Requirement: Applicant’s Entity Type Clarification
Applicant’s business name includes the foreign business designation “Ltd.”; however, applicant set forth “corporation” as the legal entity in the application. This business designation is generally considered the equivalent of a “Limited Company” or “Limited Liability Company.” See TMEP app. D. Therefore, applicant must clarify the entity type in the application. See 37 C.F.R. §§2.32(a)(3), 2.61(b); TMEP §803.03(i). Applicant may satisfy this requirement by amending the legal entity to one of those immediately listed above from Appendix D of the Trademark Manual of Examining Procedure (TMEP) for this business designation, as appropriate. See TMEP §803.03(i).
Alternatively, if applicant maintains that the legal entity in the application properly identifies applicant’s entity type, applicant must provide an explanation as to why the identified entity type is more similar to a “corporation” in this instance than to the legal entities listed in TMEP Appendix D. See id.
If, in response to the above request, applicant provides information indicating that it is not the owner of the mark, registration will be refused because the application was void as filed. See 37 C.F.R. §2.71(d); TMEP §§803.06, 1201.02(b). An application must be filed by the party who owns or is entitled to use the mark as of the application filing date. See 37 C.F.R. §2.71(d); TMEP §1201.02(b).
Best regards,
/Tina Brown/
Trademark Examining Attorney
Law Office 118
T: 571-272-8864