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: 6/3/2019

 

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.

 

SUMMARY OF ISSUES

 

• Classification and Identification of Goods and Services
• Disclaimer Requirement

 

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).

 

CLASSIFICATION AND IDENTIFICATION OF GOODS AND SERVICES

 

The wording “chemicals for use in gardening, namely, chemicals to raise pH levels, chemicals to lower pH levels, pH indicator solutions; expanded-clay soils for hydroponic plant growing; seed and plant growing media plugs for including growing trays and domes” in the identification of goods is indefinite and must be clarified because it is unclear the use of the goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  

 

The wording “hydroponic water pumps” in the identification of goods is indefinite and must be clarified because it is unclear the use of the goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “electric ballasts for lamps and lights for horticulture growing purposes; electric ballasts for lamps and lights for horticulture growing purposes; electric ballasts for lamps and lights for horticulture growing purposes; electric ballasts for lamps and lights for horticulture growing purposes” in the identification of goods is indefinite and must be clarified because it is unclear the use or function of the goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “ducted air handling components in the nature of mixed flow inline and centrifugal inline fans” in the identification of goods is indefinite and must be clarified because it is unclear the specific type of good, e.g. electric.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “irrigation system comprised of reservoir, valves, timer, pump, drip lines and stakes, sprayers, tubing, nozzles, plant growing pots and buckets, growing medium and nutrients” in the identification of goods is indefinite and must be clarified because it is unclear the specific type of irrigation system.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “hydroponic systems for growing plants, comprising nutrient reservoirs, plant growing cups, nutrient flow chamber and motorized nutrient pump, all sold as a unit; containers for growing plants; compost containers for brewing compost tea; hydroponic bucket systems consisting primarily of buckets and bucket inserts, and also including air pumps or water pumps; hydroponic system for growing plants comprised of growing containers, pots, drain components, pumps, pipes, drip rings, hoses, and seals; plastic hydroponics units and parts and accessories related to such units, namely, terrariums for plants, plastic trays, growing trays, plastic tubing, drains, reservoirs, plant supports, and porthole covers for cultivation of plants in nutrient solution rather than in soil” in the identification of goods is indefinite and must be clarified because it is unclear the function or use of the goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “distributorship services featuring fertilizers” in the identification of services is indefinite and must be clarified because it is unclear the field of use.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  

 

The wording “website providing information regarding hydroponic growing” in the identification of services is indefinite and must be clarified because it is unclear the subject matter of the information provided.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  

 

Furthermore, applicant has classified the following goods and services in International Class 35:  “plant food; plant growth nutrients; plant growth nutrients containing plant flavor enhancers; plant nutrients for hydroponic and soil-cultivated plants; plant growth regulating preparations; plant growth nutrients for hydrogardens and indoor container gardens; soil and water conditioners for agricultural, horticultural and domestic use; organic plant nutrients and supplements, namely, soil amendments; chemicals for use in gardening, namely, chemicals to raise pH levels, chemicals to lower pH levels, pH indicator solutions; growing media for plants; soils, namely, potting soil and planting soil; hydroponic growing media for plants; expanded-clay soils for hydroponic plant growing; seed and plant growing media plugs for use with growing kits including growing trays and domes; hydroponic water pumps; electric, electromechanical, and electronic controls for use in horticulture and indoor gardening to operate watering systems, control temperatures, control lighting, control humidity, and control CO2 levels; electric timers; thermostats; electric ballasts for lamps and lights for horticulture growing purposes; hydrometers; hygrometers; thermometers not for medical use; eyewear for use in gardening environments; magnifier loupes; microscopes; measuring cups; measuring spoons; measuring glassware; beakers; weighing scales; vacuum ovens and drying ovens for scientific and laboratory use and replacement parts therefor; rotary evaporators for scientific and laboratory use and replacement parts therefor; downloadable educational software and course materials in the field of horticulture; electronic dose measuring instruments for use in gardening that monitor and adjust pH levels, nutrient levels, supplement levels; voltage surge suppressors; electrical power strips and cords; electronic timers and electrical controllers for controlling electric powered appliances; meters and probes for use in gardening, namely, to track pH, temperature, moisture, and electro-conductivity; electric lamps, lighting fixtures and lighting reflectors and component parts thereof for horticultural and aquarium applications; electric lamps, namely, fluorescent lamps, high pressure sodium lamps, metal halide lamps, and combination high pressure sodium and metal halide lamps; electric lighting fixtures, namely, LED (light emitting diode) light fixtures; Lamp bulbs; Air handling systems for cleaning and purifying air; Dehumidifiers; humidifiers; air conditioners; heat pumps; electric space heaters; packaged HVAC systems, namely, rooftop mountable single- enclosure heating, ventilation, and air conditioning units and on-ground free standing single-enclosure heating, ventilation, and air conditioning units; split HVAC systems, namely, heating, ventilation, and air conditioning systems comprised primarily of an inside evaporator unit and an outside condenser unit; commercial HVAC systems, namely, heating, ventilation, and air conditioning systems of heavy duty construction and larger volume capacity for commercial building use comprised primarily of an inside evaporator unit and an outside evaporator unit; Parts for heating and air-conditioning systems, namely, fabric air dispersion ducts for distributing and dispensing air as part of a HVAC system, dampers, filters and active carbon filters, and electrical heating tape; electric fans, namely, air moving apparatus for use in the horticulture industry; air blowers, namely, electric fans, ventilating exhaust fans, and ventilating fans for commercial and industrial use; Electric inline duct boosters for increasing airflow through ductwork; Ducted air handling components in the nature of mixed flow inline and centrifugal inline fans; air filters for HVAC units; silencers for ducts attached to HVAC units; water treatment equipment, namely, water filtration units, reverse osmosis units, and ultraviolet sterilization units for horticulture and hydroponics; Booster pumps sold in combination for use in reverse osmosis water filtration systems for increasing water pressure; electric water heaters and chillers designed to raise or lower water temperature used in hydroponics and aquariums; air diffusers for horticultural, hydroponic, and aquarium use; Electric vaporizers for household purposes; Power-operated vaporizers for industrial or commercial purposes; flashlights; portable lighting products, namely, headlamps; electric heating systems, namely, electric mats and thermostats for growing plants; plant growing kits comprised primarily of electric heating systems, namely, electric mats and thermostats for growing plants, grow trays for plants, and domes for plants; irrigation accessories, namely, spray nozzles, sprinkler heads, drip emitters; irrigation system comprised of reservoir, valves, timer, pump, drip lines and stakes, sprayers, tubing, nozzles, plant growing pots and buckets, growing medium and nutrients; hydroponic systems for growing plants, comprising nutrient reservoir, plant growing cups, nutrient flow chamber and motorized nutrient pump, all sold as a unit; hydroponic grow box in the nature of a closed environment comprised of electric air pump, tubing and plastic trays, all sold as a unit; heat mats and thermostats, sold as a unit, for growing plants; plant growing kits comprised primarily of heat mats, thermostats, grow trays and domes; drying racks for plants; containers for growing plants; pots; pot lids; flower pots; mesh bottom pots for growing plants; net pots for growing plants; fabric pots for growing plants; watering pots; plastic lids for plant pots; saucers for plant pots; lids for plant growing net pots; compost containers for brewing compost tea; plastic flower and plant cultivation trays for household, commercial and horticultural use; planter accessory in the nature of a fitted cover made from natural fibers for use as a light blocking plant growing media cover; cultivation trays and domes for growing plants; growing kits comprised primarily of plant cultivation trays and domes; hydroponic bucket systems consisting primarily of buckets and bucket inserts, and also including air pumps or water pumps; hydroponic system for growing plants comprised of growing containers, pots, drain components, pumps, pipes, drip rings, hoses, and seals; plant growing trays with reservoirs for horticultural and hydroponic use; plastic hydroponics units and parts and accessories related to such units, namely, terrariums for plants, plastic trays, growing trays, plastic tubing, drains, reservoirs, plant supports, and porthole covers for cultivation of plants in nutrient solution rather than in soil; horticultural elevation platform for use in growing plants; all-purpose portable plastic containers for household and domestic use; beverage containers, namely, water bottles sold empty, cups, and heat insulated vessels; flasks; heat-insulated containers for beverages; vacuum insulated beverage containers for drinking; vacuum beverage containers, namely, insulated vacuum flasks; insulated containers for food or beverages for domestic use; mesh screens for straining and sifting in the nature of sieves for household purposes; disposable latex and nitrile gloves for general use; pitchers; flower syringes; garden syringes; greenhouse syringes; plant syringes; website providing information regarding hydroponic growing.”

 

The proper classification for each item is outlined below. Additionally, applicant may substitute the following wording, if accurate (suggested changes in bold): 

 

Class 1:           plant food; plant growth nutrients; plant growth nutrients containing plant flavor enhancers; plant nutrients for hydroponic and soil-cultivated plants; plant growth regulating preparations; plant growth nutrients for hydrogardens and indoor container gardens; soil and water conditioners for agricultural and domestic use; organic plant nutrients and supplements, namely, soil amendments; agricultural chemicals for use in gardening, namely, chemicals to raise pH levels, chemicals to lower pH levels, pH indicator solutions; growing media for plants; soils, namely, potting soil and planting soil; hydroponic growing media for plants; substrates in the nature of expanded-clay soils for hydroponic plant growing; growing kits comprised primarily of seed and plant growing media plugs for including growing trays and domes

 

Class 7:           hydroponic grow box in the nature of a closed environment comprised of electric air pump, tubing and plastic trays, all sold as a unit; water treatment equipment, namely, hydroponic water pumps for use in irrigation systems

 

Class 9:           electrical controllers, namely, electric, electromechanical, and electronic controls for use in horticulture and indoor gardening to operate watering systems, control temperatures, control lighting, control humidity, and control CO2 levels; electric timers; thermostats; lighting ballasts, namely, electric ballasts for lamps and lights for horticulture growing purposes; hydrometers; hygrometers; thermometers not for medical use; protective eyewear for use in gardening environments; magnifying lenses, namely, magnifier loupes not for medical purposes; microscopes; measuring cups; measuring spoons; measuring glassware; beakers; weighing scales; vacuum ovens and drying ovens for scientific and laboratory use and replacement parts therefor; rotary evaporators for scientific and laboratory use and replacement parts therefor; downloadable educational software and course materials in the field of horticulture; electronic dose measuring instruments for use in gardening that monitor and adjust pH levels, nutrient levels, supplement levels; voltage surge suppressors; electrical power strips and cords; electronic timers and electrical controllers for controlling electric powered appliances; pH meters and probes for use in gardening, namely, to track pH, temperature, moisture, and electro-conductivity

 

Class 11:         electric lamps, lighting fixtures and lighting reflectors and component parts thereof for horticultural and aquarium applications; electric lamps, namely, fluorescent lamps, high pressure sodium lamps, metal halide lamps, and combination high pressure sodium and metal halide lamps; electric lighting fixtures, namely, LED (light emitting diode) light fixtures; lamp bulbs; air handling systems for cleaning and purifying air; dehumidifiers; humidifiers; air conditioners; heat pumps; electric space heaters; packaged HVAC systems, namely, rooftop mountable single-enclosure heating, ventilation, and air conditioning units and on-ground free standing single-enclosure heating, ventilation, and air conditioning units; split HVAC systems, namely, heating, ventilation, and air conditioning systems comprised primarily of an inside evaporator unit and an outside condenser unit; commercial HVAC systems, namely, heating, ventilation, and air conditioning systems of heavy duty construction and larger volume capacity for commercial building use comprised primarily of an inside evaporator unit and an outside evaporator unit; Parts for heating and air-conditioning systems, namely, fabric air dispersion ducts for distributing and dispensing air as part of a HVAC system, dampers, filters and active carbon filters, and electrical heating tape; electric fans, namely, air moving apparatus for use in the horticulture industry; air blowers, namely, electric fans, ventilating exhaust fans, and ventilating fans for commercial and industrial use; Electric inline duct boosters for increasing airflow through ductwork; electric fans, namely, ducted air handling components in the nature of mixed flow inline and centrifugal inline fans; air filters for HVAC units; silencers for ducts attached to hvac units; water treatment equipment, namely, water filtration units, reverse osmosis units, and ultraviolet sterilization units for horticulture and hydroponics; Booster pumps sold in combination for use in reverse osmosis water filtration systems for increasing water pressure;  electric water heaters and chillers designed to raise or lower water temperature used in hydroponics and aquariums; air diffusers for horticultural, hydroponic, and aquarium use; Electric vaporizers for household purposes; Power-operated vaporizers for industrial or commercial purposes; flashlights; portable lighting products, namely, headlamps; electric heating systems, namely, electric mats and thermostats for growing plants; plant growing kits comprised primarily of electric heating systems, namely, electric mats and thermostats for growing plants, grow trays for plants, and domes for plants; irrigation accessories, namely, spray nozzles, sprinkler heads, drip emitters; dripper irrigation system comprised of reservoir, valves, timer, pump, drip lines and stakes, sprayers, tubing, nozzles, plant growing pots and buckets, growing medium and nutrients; heat mats and thermostats, sold as a unit, for growing plants; plant growing kits comprised primarily of heat mats, thermostats, grow trays and domes

 

Class 21:         hydroponic systems for growing plants in the nature of hydroponic garden kits for home use comprised of nutrient reservoirs, plant growing cups, nutrient flow chamber and motorized nutrient pump, all sold as a unit; drying racks for plants; containers for growing plants for household use; pots; pot lids; flower pots; mesh bottom pots for growing plants; net pots for growing plants; fabric pots for growing plants for household use; watering pots; plastic lids for plant pots; saucers for plant pots; lids for plant growing net pots; compost containers for brewing compost tea for household use; plastic flower and plant cultivation trays for household, commercial and horticultural use; planter accessory in the nature of a fitted cover made from natural fibers for use as a light blocking plant growing media cover; cultivation trays and domes for growing plants; growing kits comprised primarily of plant cultivation trays and domes; hydroponic bucket systems for household use consisting primarily of buckets and bucket inserts, and also including air pumps or water pumps; hydroponic system for household use for growing plants comprised of growing containers, pots, drain components, pumps, pipes, drip rings, hoses, and seals; plant growing trays with reservoirs for horticultural and hydroponic use; plastic hydroponics units for household use and parts and accessories related to such units, namely, terrariums for plants, plastic trays, growing trays, plastic tubing, drains, reservoirs, plant supports, and porthole covers for cultivation of plants in nutrient solution rather than in soil; horticultural elevation platform for use in growing plants; all-purpose portable plastic containers for household and domestic use; beverage containers, namely, water bottles sold empty, cups, and heat insulated vessels; flasks; heat-insulated containers for beverages; vacuum insulated beverage containers for drinking; vacuum beverage containers, namely, insulated vacuum flasks; insulated containers for food or beverages for domestic use; mesh screens for straining and sifting in the nature of sieves for household purposes; disposable latex and nitrile gloves for general use; pitchers; flower syringes; garden syringes; greenhouse syringes; plant syringes

 

Class 35:         Distributorship services in the field of wholesale horticulture supplies and accessories; distributorship services in the field of fertilizers

 

Class 44:         Providing a website featuring horticultural information in the nature of a website providing information regarding hydroponic growing

 

Additionally, applicant has provided the application fee for only one international class.  Thus, not all international classes in the application are covered by the application fee.  Because of this disparity, applicant must clarify the number of classes for which registration is sought.  See 37 C.F.R. §§2.32(d), 2.86.

 

Applicant may respond by (1) adding one or more international classes to the application, and reclassifying the above goods and services accordingly; or (2) deleting from the application the goods and services for all but the number of international classes for which the application fee was submitted.  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 application requirements specified in this Office action.

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services 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 and/or services may not later be reinserted.  See 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.

 

MULTIPLE CLASS APPLICATION ADVISORY

 

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 already paid (view the USPTO’s current fee schedule).  Specifically, the application identifies goods and services based on use in commerce that are classified in at least seven classes; however, applicant submitted a fee sufficient for only one class.  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 acceptable for class 35; and applicant needs a specimen for classes 1, 7, 9, 11, 21, and 44.  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.

 

DISCLAIMER REQUIREMENT

 

Applicant must provide a disclaimer of the unregistrable part of the applied-for mark even though the mark as a whole appears to be registrable.  See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(a).  A disclaimer of an unregistrable part of a mark will not affect the mark’s appearance.  See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 979-80, 144 USPQ 433, 433 (C.C.P.A. 1965).

 

In this case, applicant must disclaim the wording “GARDENING” because it is not inherently distinctive.  This unregistrable term appears in the applicant’s identification of goods and services, and at best is merely descriptive of a feature of applicant’s goods and services.  See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).  T

 

Applicant must additionally disclaim the wording “CO” because it is not inherently distinctive. This unregistrable term merely designates the legal character or family business structure of an entity and does not indicate the source of applicant’s goods and services.  See 15 U.S.C. §§1051-1053, 1127; In re Piano Factory Grp., Inc., 85 USPQ2d 1522, 1526 (TTAB 2006); In re Patent & Trademark Servs., Inc., 49 USPQ2d 1537, 1539-40 (TTAB 1998); TMEP §1213.03(d).

 

Business type designations and abbreviations such as “Corporation,” “Inc.,” “Company,” “LLC,” and “Ltd.” or family business designations such as “& Sons” or “Bros.” must be disclaimed, because they merely indicate applicant’s business type or structure and generally have no source-indicating capacity.  TMEP §1213.03(d); see, e.g., Goodyear’s India Rubber Glove Mfg. Co. v. Goodyear Rubber Co., 128 U.S. 598, 602-03 (1888); In re Piano Factory Grp., Inc., 85 USPQ2d at 1526; In re Patent & Trademark Servs., Inc., 49 USPQ2d at 1539-40. 

 

Applicant may respond to this issue by submitting a disclaimer in the following format:

 

No claim is made to the exclusive right to use “GARDENING CO” apart from the mark as shown.

 

For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.

 

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. 

 

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.  

 

 

/Katherine M. Eissenstat/

Trademark Examining Attorney

USPTO, Law Office 127

Tel: (571) 272-5886

Email: Katherine.Eissenstat@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 6/3/2019 FOR U.S. APPLICATION SERIAL NO. 88390294

 

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 6/3/2019 (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.