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: 6/26/2019

 

 

SUMMARY OF ISSUES:

 

• Specimen Refusal
• Identification of Goods

 

 

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.

 

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 refusal(s) and/or requirement(s) 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. 

 

 

 

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).

 

 

DIGITAL MOCKUP OF GOODS

 

Registration is refused because the specimen in International Class(es) 3 appears to consist of a digitally altered image or a mock-up of the mark on the goods or their packaging and does not show the applied-for mark in actual use in commerce.  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). 

 

An image of a product or packaging that has been digitally created or otherwise altered to include the mark does not show actual use of the mark in commerce.  See 15 U.S.C. §1127; TMEP §§904.04(a), 904.07(a); cf. In re Chica, Inc., 84 USPQ2d 1845, 1848 (TTAB 2007) (holding that “a mere drawing of the goods with an illustration of how the mark may be displayed” was not an acceptable specimen because it did not show actual use in commerce); In re The Signal Cos., 228 USPQ 956, 957-58 n.4 (TTAB 1986) (noting that a printer’s proof of an advertisement would not be an acceptable specimen because it does not show actual use in commerce).  In addition, a photo of the mark on a label, tag, or piece of paper that appears on applicant’s or a third party’s goods or packaging is generally not acceptable to show applicant’s use of the applied-for mark in commerce.  See 15 U.S.C. §1127; TMEP §§904.03(a), 904.07(a).  Applicant must show the mark on applicant’s own goods or packaging as it is seen by the purchasing public, with goods that have actually been sold or transported in commerce.  See TMEP §904.07(a).

 

In this case, the applicant’s specimen of use appears to be a digital mockup of the applicant’s goods. The edges are sharp and the image in two dimensional.

 

An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each international class of goods and/or services identified in the application or amendment to allege use.  15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).  “Use in commerce” means (1) a bona fide use of the applied-for mark in the ordinary course of trade (and not merely to reserve a right in the mark), (2) the mark is placed in any manner on the goods, packaging, tags or labels, or displays of the goods, and (3) the goods are actually sold or transported in commerce.  See 15 U.S.C. §1127.

 

In addition to the examples of specimens in (2) in the above paragraph, examples of specimens for goods also include instruction manuals, containers, and webpages that include a picture or textual description of the goods associated with the mark and the means to order the goods.  See TMEP §§904.03 et seq. 

 

Applicant may respond to this refusal by satisfying one of the following for each applicable international class:

 

(1)       Submit a different specimen (a verified “substitute” specimen) that (a) 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 and (b) shows the mark in actual use in commerce for the goods and/or services identified in the application or amendment to allege use.  A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20:  “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 or prior to the filing of the amendment to allege use.”  The substitute specimen cannot be accepted without this statement.

 

(2)       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.

 

For an overview of both response options referenced above and instructions on how to satisfy either option online using the Trademark Electronic Application System (TEAS) form, see the Specimen webpage.

 

 

IDENTIFICATION OF GOODS

 

The identification of goods is indefinite and must be clarified because it fails to specify the below noted goods and includes goods in more than one class.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Applicant may adopt the following identification, if accurate:

 

1.     Class 3- adhesive removers; adhesives for affixing false eyebrows; adhesives for false eyelashes, hair and nails; after shave lotions; after sun creams; after sun moisturisers; after-shave; aftershave; after-shave balms; aftershave balms; after-shave cologne; aftershave cologne; after-shave creams; aftershave creams; after-shave emulsions; aftershave emulsions; after-shave gel; aftershave gels; after-shave lotions; aftershave lotions; after-shave milk; aftershave moisturising cream; after-shave moisturizing creams; aftershave moisturizing creams; after-shave preparations; aftershave preparations; after-sun creams; after-sun creams and preparations; after-sun creams for cosmetic purposes; after-sun creams for cosmetic use; after-sun gels; after-sun gels for cosmetic purposes; after-sun lotions; after-sun lotions for cosmetic purposes; after-sun milks; after-sun milks for cosmetic purposes; after-sun moisturizers; after-sun oils; after-sun oils for cosmetic purposes; age retardant gels; age retardant gels for cosmetic purposes; age retardant lotions for cosmetic purposes; age spot reducing creams; age spot reducing creams for cosmetic purposes; air fragrance reed diffusers; all-purpose cotton buds for personal use; all-purpose cotton sticks for personal use; all-purpose cotton swabs for personal use; almond milk for cosmetic purposes; almond soap; almond soaps; aloe soap; aloe vera gel for cosmetic purposes; aloe vera gels for cosmetic purposes; anti-ageing moisturizers; anti-ageing skincare preparations; anti-aging cream; anti-aging creams for cosmetic purposes; anti-aging creams for cosmetic use; anti-aging moisturizers; anti-aging skin care preparations; anti-aging skincare preparations; anti-cavity dental rinses; anti-freckle creams; antiperspirant soap; antiperspirants; antiperspirants and deodorants for personal use; anti-wrinkle creams; anti-wrinkle creams for cosmetic purposes; aromatic essential oils; aromatic oils for the bath; aromatic potpourris; artificial eyelashes; artificial fingernails; artificial pumice stones FOR PERSONAL USE; astringents for cosmetic purposes; baby lotion; baby oils; baby powder; baby powders; baby shampoo; baby wipes; bar soap; bases for flower perfumes NAMELY OILS FOR PERFUMES AND SCENTS; bath additives NAMELY {SPECIFY GOODS E.G. BATH BOMBS}; bath and shower foam; bath and shower gels; bath beads; bath beads for cosmetic purposes; bath bombs; bath cream; bath crystals; bath fizzies; bath foams; bath grains NAMELY FACIAL CLEANSING GRAINS; bath herbs; bath lotions; bath milks; bath oils; bath pearls; bath powders; bath salts for cosmetic purposes; bath salts not for medical purposes; bath soap; bath soaps in liquid, solid or gel form; bathing lotions for cosmetic purposes; beauty balm creams; beauty care cosmetics; beauty creams; beauty creams for body care; beauty gels; beauty lotions; beauty masks; beauty milks; beauty serums; beauty soap; bleaching preparations for cosmetic purposes; bleaching preparations for the hair; bleaching salts; bleaching soda; blended perfumery; blushers; body and beauty care cosmetics; NON-MEDICATED body care soap; NON-MEDICATED SKIN CARE PREPARATIONS, NAMELY, body cleansers, body cream soap; body creams; body deodorants; body emulsions for cosmetic use; body gels; body glitter; body lotions; body make-up; body mask creams; body mask lotions for cosmetic purposes; body mask powders for cosmetic purposes; body masks for cosmetic purposes; body milks; NON-MEDICATED SKIN CARE PREPARATION, NAMELY, body mist; body moisturizers; body moisturizing milk; body oils; body powders; body scrubs; body shampoo; NON-MEDICATED body soaks; NON-MEDICATED SKIN CARE PREPARATIONS, NAMELY, body soaps; body wash; breath fresheners NAMELY {SPECIFY GOODS}; bubble bath; chalk for cosmetic use; cheek colours; children's play cosmetics; cleaning pads impregnated with cosmetics; cleansing milks; cleansing pads impregnated with cosmetics; cloths impregnated with a skin cleanser; colognes, perfumes and cosmetics; color rinses for the hair; compacts containing make-up; cosmetic astringents; cosmetic bath oils; cosmetic bath powder; cosmetic bath salts; cosmetic body creams; cosmetic breast firming preparations; cosmetic concealers; cosmetic creams; cosmetic facial masks; cosmetic facial moisturizers; cosmetic facial packs NAMELY {SPECIFY GOODS}; cosmetic facial toners; cosmetic hair care preparations; cosmetic hair dressing preparations; cosmetic hair lotions; cosmetic kits NAMELY MAKE-UP KITS COMPRISED OF {INDICATE NON-MEDICATED COSMETICS, E.G., LIPSTICK, LIP GLOSS, ETC.}; cosmetic lotions for reducing the appearance of age spots and freckles; cosmetic massage creams; cosmetic nail care preparations; cosmetic oils; cosmetic rouges; cosmetic skin lotions; cosmetic soaps; cosmetic sun milk lotions; cosmetic sun oils; cosmetic suntan lotions; cosmetic suntan preparations; cosmetic tanning and after-sun milks, gels and oils; cosmetic tanning preparations; cosmetic teeth whitening strips impregnated with teeth whitening preparations; cosmetic towelettes; cosmetic white face powder; cosmetics; cotton balls for cosmetic purposes; cotton swabs; cream rinses NAMELY {SPECIFY GOODS}; cream soaps; creams for the hair; cuticle conditioners; cuticle cream; dandruff shampoo; day cream NAMELY {SPECIFY GOODS}; decorative cosmetics; dental bleaching gel; dental bleaching gels; dental gel; NON-MEDICATED dental rinse; NON-MEDICATED dental rinses; deodorants and antiperspirants for personal use; depilatories; dry shampoos; eau-de-toilette; eaux de perfume; essential oils for aromatherapy; essential oils for cosmetic purposes; essential oils for personal use; ethereal oils for the manufacture of perfumes; exfoliant creams; exfoliant creams for cosmetic purposes; exfoliants for the skin; exfoliating scrubs for the face; exfoliating scrubs for the feet; exfoliating scrubs for the hands; eye contour creams; eye cream; eye lotions for cosmetic purposes; eye pencils; SACHET-LIKE EYE PILLOWS CONTAINING FRAGRANCES; eyebrow cosmetics; eyebrow pencils; eyebrow styling gels; eyelash tint; eyeliner; eyeshadow; face and body beauty creams; face and body glitter; face and body lotions; face and body lotions for cosmetic purposes; face and body milk for cosmetic purposes; face creams for cosmetic use; face glitter; face milk and lotions; face oils; face paint; face powder paste; face-powder on paper; facial beauty masks; facial cleansers; facial cleansing grains; facial cleansing milk; facial concealer; facial cream; facial creams for cosmetic purposes; facial lotion; facial lotions; facial make-up; facial masks; facial moisturizers; facial oils; facial packs NAMELY {SPECIFY GOODS}; facial powder; facial scrubs; facial soaps; facial toners; facial washes; false eyebrows; false eyelashes; false nails; feminine hygiene powders; fingernail decals; fingernail tips; foam bath; foot cream; foot lotion; foot masks for skin care; foot scrubs; foot smoothing stones; foot soak; foundation creams; foundation make-up; fragrances; gel nail polish; gel nail removers; granulated soaps; hair balsam; hair bleach; hair care preparations; hair colouring; hair conditioners; hair creams; hair decolorants; hair dye stripping preparation; hair dyeing preparations; hair dyes; hair frosting preparations; hair gels and hair sprays; hair glaze; hair mousses; hair nourishers for cosmetic purposes; hair oils; hair pomades; hair relaxers; hair removing creams; hair setting preparations; hair shampoos and conditioners; hair sprays and hair gels; hair tints; hair tonics; hair waving lotions; hair wax; hair-colouring and hair decolorant preparations; hairspray; hair-washing powder; hand creams; hand lotions; hand masks for skin care; NON-MEDICATED hand soap; lavender SACHETS; lip care preparations; lip conditioners; lip cream; lip glosses; lip polisher; lipsticks; liquid perfumes; liquid soaps; lotions for cellulite reduction for cosmetic purposes; lotions for face and body care for cosmetic purposes; make-up; makeup; make-up for the body; make-up SETS; make-up primer; mascara; massage oils and lotions; massage waxes; moisturising skin lotions; moisturizing creams; moisturizing lotions; mouthwashes; musk BEING PERFUMERY; mustache wax; nail buffing PREPARATIONS; nail care preparations; nail conditioners; nail cream; nail gel; nail glitter; nail glue; nail hardeners; nail lacquer; nail paint; nail polish; nail polish remover pens; nail polish removing preparations; nail polishing powder; nail strengtheners; nail POLISH topcoats; nail varnish; nail varnish for cosmetic purposes; nail whiteners; natural musk; natural perfumery; neutralizers for permanent waving; night creams; non medicated lip balm; non-medicated bath salts; non-medicated mouthwashes; non-medicated nappy rash cream; non-medicated skin care preparations; non-medicated skin creams; oil baths for hair care; oil baths for hair care for cosmetic purposes; oils for cosmetic purposes; oils for hair conditioning; oils for perfumes and scents; oils for toiletry purposes; perfumed creams; perfumed powder; perfumed soaps; perfumes; permanent wave solutions; permanent waving lotions; pomades for cosmetic purposes; preparations for removing gel nails; preparations for setting hair; preparations for the permanent waving of hair; preparations for waving the hair; pre-shaving preparations; pressed face powder; pumice stones; scented body creams; scented body sprays; scouring preparations; sculpting gel; self-tanning preparations; shampoos; shampoos and conditioners; shampoos for babies; shaving preparations; shaving soap; shaving STONES BEING ASTRINGENTS FOR COSMETIC PURPOSES; shower and bath foam; shower and bath foams; shower and bath gel; shower and bath gels; shower creams; shower gel; shower gels; skin abrasives; skin bronzer; NON-MEDICATED skin care lotions; skin clarifiers; skin cleansing creams; skin conditioners; skin conditioning creams for cosmetic purposes; NON-MEDICATED skin creams; NON-MEDICATED skin creams for cosmetic purposes; skin emollients; skin exfoliants; skin lighteners; skin lightening creams; skin masks; skin masks for cosmetic purposes; skin moisturisers; skin moisturizing cream; skin moisturizing gel; skin scrub; skin soap; skin texturizers; skin toners; skin tonics NAMELY {SPECIFY GOODS}; skin whitening creams; skin whitening preparations; NON-MEDICATED soaps for body care; NON-MEDICATED soaps for personal use; solid hair conditioner; solid shampoo; HAIR stick pomade; styling foam for hair; styling gels; styling lotions; styling paste for hair; sun block preparations; sun creams; sun protection oils; sun screen preparations; sun tan lotion; sun tan oils; sunblock; sunscreen; sunscreen preparations; suntan creams; suntan lotions; suntan oils; sun-tanning gels; sun-tanning lotions; synthetic perfumery; talcum powder; talcum powders for cosmetic purposes; tanning gels; tanning lotions; tanning milks; teeth cleaning lotions; teeth whitener; tissues impregnated with a skin cleanser; tissues impregnated with cosmetic lotions; tissues impregnated with make-up removing preparations; toning lotion, for the face, body and hands; tooth cleaning preparations; tooth polish; tooth powder; tooth powder for cosmetic purposes; tooth whitening preparations; topical herbal creams for firming and enhancing breasts;    DECORATIVE TRANSFERS FOR USE AS COSMETICS NAMELY transfers for fingernails; waterproof sunscreen; water-resistant sunscreen; wax for removing body hair; wax stripping preparations; wax strips for removing body hair; white face powder for cosmetic purposes; whiting NAMELY COSMETIC WHITE FACE POWDER; wipes impregnated with a skin cleanser; wrinkle removing skin care preparations; wrinkle- minimizing cosmetic preparations for topical facial use; 3-in-1 hair shampoos

 

2.     Class 5- Almond oils FOR THE TREATMENT OF {INDICATE SPECIFIC DISEASE OR CONDITION}; AROMATHERAPY LOTIONS FOR {SPECIFY USE, E.G., TREATING HEADACHES, RELIEVING STRESS, CURING INSOMNIA, ETC.}; AROMATHERAPY CREAMS FOR {SPECIFY USE, E.G., TREATING HEADACHES, RELIEVING STRESS, CURING INSOMNIA, ETC.}; AROMATHERAPY OILS, OTHER THAN ESSENTIAL OILS, FOR {SPECIFY USE, E.G., TREATING HEADACHES, RELIEVING STRESS, CURING INSOMNIA, ETC.}

 

 

The Trademark Act requires that a trademark or service mark application must include a “specification of … the goods [or services]” in connection with which the mark is being used or will be used.  15 U.S.C. §1051(a)(2) (emphasis added), (b)(2) (emphasis added); see 15 U.S.C. §1053.  Specifically, a complete application must include a “list of the particular goods or services on or in connection with which the applicant uses or intends to use the mark.”  37 C.F.R. §2.32(a)(6) (emphasis added).  This requirement for a specification of the particular goods and/or services applies to applications filed under all statutory bases.  See 15 U.S.C. §§1051(a)(2), 1051(b)(2), 1053, 1126(d)-(e), 1141f; 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.01(b)-(c).

 

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

 

The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class.  See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a).  See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.

 

The application references goods and/or services based on use in commerce in more than one international class; therefore, applicant must satisfy all the requirements below for each international class:

 

(1)       List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).

 

(2)       Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule).  Specifically, the application identifies goods and/or services based on use in commerce that are classified in at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class(es).  Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.

 

(3)       Submit verified dates of first use of the mark anywhere and in commerce for each international class.  See more information about verified dates of use.

 

(4)       Submit a specimen for each international class.  The current specimen is not acceptable for any international class.  See more information about specimens.

 

            Examples of specimens for goods include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale.  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.  

 

            Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and website printouts that show the mark used in the actual sale, rendering, or advertising of the services.  

 

(5)       Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.”  See more information about verification.

 

See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).

 

See an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

 

 

 

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.  

 

 

 

/Scott Bibb/

Examining Attorney

Law Office 109

571-272-5669

scott.bibb@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 6/26/2019 FOR U.S. APPLICATION SERIAL NO. 88384208

 

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 6/26/2019 (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.