Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

 

 

Issue date:  September 19, 2019

 

Notice of Incomplete Response – Response Not Signed by a Proper Party

 

Deadline for responding to this notice.  To avoid abandonment of the application, the USPTO must receive a properly signed response within either (1) thirty days from the issue date above, or (2) the time remaining in the six-month period for responding to the previous Office action, whichever is longer.  TMEP §712.03; see 37 C.F.R. §2.65(a)(2).  The response must be received by the USPTO no later than midnight Eastern Time of the last day of the response deadline. 

 

Response is not signed by a proper party and cannot be accepted.  Applicant filed a response on September 4, 2019 that appears to have been signed by a person with no legal authority to bind or represent applicant.  The USPTO cannot accept a response signed by an improper party; therefore, the contents will not be reviewed.  See 37 C.F.R. §2.62(b); TMEP §718.03.

 

Resubmit a properly signed response or provide an explanation.  Applicant must either (1) resubmit the entire response signed by a proper party, or (2) provide an explanation of the signer’s legal authority to bind or represent applicant.  See 37 C.F.R. §§2.17(b)(2), 2.61(b), 2.62(b).  Click to respond to a previous nonfinal Office action. See below for information about who can sign a response. 

 

Who can sign the response.

 

Applicant does not have an attorney.  The response must be signed by (1) the individual applicant, (2) someone with legal authority to bind a juristic applicant (e.g., a corporate officer of a corporation, or a general partner of a partnership), or (3) all joint applicants.  See 37 C.F.R. §2.193(e)(2)(ii); TMEP §§611.06(a)-(h), 712.01. 

 

Applicant has an attorney.  The attorney must sign the response.  37 C.F.R. §2.193(e)(2)(i); TMEP §712.01.  The only attorneys who may sign responses are (1) attorneys in good standing with a bar of the highest court of any U.S. state or territory, and (2) Canadian trademark attorneys or agents reciprocally recognized by the USPTO’s Office of Enrollment and Discipline (OED).  See 37 C.F.R. §§2.17(a), 11.14(a), (c), (e); TMEP §602.

 

The USPTO must receive a properly signed response before the deadline or the USPTO will consider the application abandoned.  37 C.F.R. §2.65(a); TMEP §718.03.  In such case, applicant may file a new application with a new fee.  A petition to the Director to reverse the holding of abandonment may be granted in very limited circumstances as outlined in TMEP §1713.01.

 

 

 

 

/Megan Mischler/

Trademark Examining Attorney

Law Office 127

(571) 272-9997

megan.mischler@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on September 19, 2019 for

U.S. Trademark Application Serial No. 88369927

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Megan Mischler/

Trademark Examining Attorney

Law Office 127

(571) 272-9997

megan.mischler@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”