Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

FINAL 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) 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. 

 

 

Issue date:  October 31, 2019

 

This FINAL Office action is in response to applicant's correspondence filed on September 28, 2019.

 

In the initial Office action, issued August 8, 2019, the examining attorney (1) required applicant to provide a substitute specimen; (2) required applicant to provide additional information about the specimens and how the goods are sold; (3) required applicant to provide substitute specimens for the several goods in the application; (4) required applicant to provide a statement regarding whether the name in the mark identifies a living person; (5) required applicant to submit an additional fee for loss of TEAS PLUS status; and (6) required applicant obtain and use domestic counsel for representation before the USPTO for the remainder of these proceedings.

 

Applicant, by and through applicant’s domestic counsel, provided a statement that the wording in the mark does not identify a living person and amended the mark to Section 1(b), overcoming and/or satisfying those requirements.  However, applicant did not provide the required additional fee.  Accordingly, the requirement that applicant provide an additional fee for loss of TEAS PLUS status is now made final.  See 37 C.F.R. §2.64(a); TMEP §§ 714.04; 819.

 

LOSS OF TEAS PLUS STATUS: Applicant must submit an additional processing fee of $125 per class because the application as filed did not meet the TEAS Plus application filing requirements. See 37 C.F.R. §§2.6(a)(1)(v), 2.22(a), (c); TMEP §§819.01 et seq. , 819.04. Specifically, applicant failed to meet the following application filing requirement(s): a translation of all non-English wording in the mark was not provided.

 

The additional fee is required even if applicant later corrects these application requirements.

 

RESPONSE OPTIONS FOR FINAL REFUSAL:  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.

 

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)

 

 

/Lee B. Hunt/

Trademark Examining Attorney

USPTO-- Law Office 115

Lee.Hunt@USPTO.gov

Direct Phone: (571) 272-8129

 

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on October 31, 2019 for

U.S. Trademark Application Serial No. 88405252

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

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

 

 

/Lee B. Hunt/

Trademark Examining Attorney

USPTO-- Law Office 115

Lee.Hunt@USPTO.gov

Direct Phone: (571) 272-8129

 

 

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).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from October 31, 2019, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond.

 

 

 

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.”