To: | BANCO BILBAO VIZCAYA ARGENTARIA, S.A. (eteas@gbpatent.com) |
Subject: | U.S. Trademark Application Serial No. 88399659 - BBVA - T57684 |
Sent: | January 28, 2020 08:25:23 AM |
Sent As: | ecom117@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88399659
Mark: BBVA
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Correspondence Address:
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Applicant: BANCO BILBAO VIZCAYA ARGENTARIA, S.A.
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Reference/Docket No. T57684
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
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). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: January 28, 2020
This letter responds to applicant’s communication dated 12/6/2019. Applicant’s request to delete the section 44(d) basis and the amended identification of goods and services are acceptable and were entered accordingly. Please note, however that the applicant failed to submit some of the information pertaining to the references of the attorney of record. Therefore, please note below.
BAR MEMBERSHIP NUMBER IS NEEDED
If the originally submitted attorney bar information is incorrect, applicant’s attorney must specify the correct bar information and provide supporting documentation showing the attorney’s active bar membership in good standing. 37 C.F.R. §§2.17(b)(3), 2.61(b). Otherwise, applicant may appoint or designate a different attorney who is qualified to practice before the USPTO under 37 C.F.R. §11.14. See 37 C.F.R. §2.17(a).
Failure to comply with this requirement is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. Merely stating that the attorney’s bar information is available on a state bar’s website is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
To provide attorney bar credentials or to change bar information. Open the correct TEAS response form and enter the serial number, answer “yes” to wizard question #3, and on the “Additional Statement(s)” page in the “Miscellaneous Statement” field (1) explain the documentation provided and (2) click the button below the text box to attach evidence. To change attorney bar information, go to the “Attorney Information” page of the form and update the bar information section. Bar information provided in any other area of the form will be viewable by the public in USPTO records.
In this case the applicant failed to list the representing attorney’s bar membership number.
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 nonfinal Office action.
/Blandu, Florentina/
Examining Attorney
U.S. Patent & Trademark Office
L.O.117
Florentina.Blandu@uspto.gov
Tel 571-272-9128
Fax 571-273-9128
RESPONSE GUIDANCE