To: | Johnston, Luke (ljohnston777@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88376016 - DR. K - N/A |
Sent: | July 10, 2019 06:53:28 PM |
Sent As: | ecom126@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88376016
Mark: DR. K
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Correspondence Address:
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Applicant: Johnston, Luke
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Reference/Docket No. N/A
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
ASSISTANCE
This Office action is in response to applicant’s communication filed on June 24, 2019.
In a previous Office action dated June 19, 2019, the applicant was required to satisfy the following requirements:
· Clarification of the Legal Entity Type ·
· Clarification regarding Name of Living Individual ·
· Advisory regarding Withdrawal of Voluntary Disclaimer
Based on applicant’s response, the trademark examining attorney notes that the following requirements have been satisfied:
· Clarification regarding Name of Living Individual ·
See TMEP §§713.02, 714.04.
The trademark examining attorney maintains and now makes FINAL the requirements in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
· Clarification of the Legal Entity Type ·
· Advisory regarding Withdrawal of Voluntary Disclaimer
CLARIFICATION OF THE LEGAL ENTITY TYPE
Applicant failed to satisfy the requirement to clarify the inconsistency in the legal entity type; therefore this requirement is now made FINAL for the reasons set forth below. See 37 C.F.R. §2.63(b).
Applicant was previous required to clarify the inconsistency in the legal entity type because the name of an individual person appeared in the section of the application intended for the trademark owner’s name; however, the legal entity was set forth as a Limited Partnership.
Applicant responded by amending the owner’s name to “Etail Hero LLC”, but applicant did not amend the legal entity type, which is currently set forth as a Limited Partnership. The designation “LLC” is included in applicant’s name. Generally, “LLC” identifies a Limited Liability Company, and not a Limited Partnership. Therefore, applicant must specify whether the legal entity is a Limited Liability Company or a Limited Partnership and amend the application accordingly. See 37 C.F.R. §§2.32(a)(3)(ii)-(iii), 2.61(b); TMEP §803.03(b), (h).
If applicant is a Limited Liability Company, applicant must amend the entity type and provide the U.S. state under whose laws it is organized. TMEP §803.03(h).
If applicant is a Limited Partnership, applicant must provide the legal name of the partnership and U.S. state or foreign country under whose laws the partnership is organized. See TMEP §803.03(b). In addition, for a U.S. partnership, applicant must list the names, legal entities, and national citizenship (for individuals), or the U.S. state or foreign country of organization or incorporation (for businesses) of all general partners. Id. For foreign partnerships, the names and citizenships of the general partners are not required. 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).
ADVISORY REGARDING VOLUNTARY DISCLAIMER
Therefore, applicant may request to withdraw this disclaimer from the application. If applicant does not expressly request its withdrawal, the disclaimer will remain in the application and will be printed on the registration certificate.
RESPONSE TO OFFICE ACTION
(1) a response filed using the Trademark Electronic Application System (TEAS) that fully satisfies all outstanding requirements and/or resolves all outstanding refusals; and/or
(2) an appeal to the Trademark Trial and Appeal Board filed using the Electronic System for Trademark Trials and Appeals (ESTTA) with the required filing fee of $200 per class.
37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues. TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). There is a fee required for filing a petition. 37 C.F.R. §2.6(a)(15).
ATTORNEY REFERRAL
For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help; an online directory of legal professionals, such as FindLaw®; or a local telephone directory. The USPTO, however, may not assist an applicant in the selection of a private attorney. 37 C.F.R. §2.11.
ADVISORY REGARDING U.S. COUNSEL RULES CHANGES
In spring 2019, the USPTO is likely to issue proposed changes to the federal trademark regulations to require trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings who are foreign-domiciled (have a permanent legal residence or a principal place of business outside of the United States), including Canadian filers, to have an attorney who is licensed to practice law in the United States represent them at the USPTO. In addition, U.S.-licensed attorneys representing a trademark applicant, registrant, or party will generally be required to provide their bar membership information, a statement attesting to their good standing in that bar, and their postal/email addresses in trademark-related submissions. All U.S.-licensed attorneys who practice before the USPTO are subject to the rules in 37 C.F.R. Part 11 governing representation of others, including the USPTO’s Rules of Professional Conduct.
These changes are being made to increase customer compliance with federal trademark law, improve the accuracy of trademark submissions to the USPTO, and safeguard the integrity of the U.S. trademark register. See the U.S. Counsel Rule change webpage for more information.
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.
How to respond. Click to file a response to this final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB).
/Julie H. Choe/
Trademark Examining Attorney
United States Patent and Trademark Office
Law Office 126
(571) 270-3368
Julie.Choe@uspto.gov
RESPONSE GUIDANCE