Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

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:  April 28, 2020

 

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.

 

SEARCH RESULTS

 

The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Drug Paraphernalia Refusal – Per se unlawful –– No Bona Fide Intent to Lawfully Use in Commerce – INTERNATIONAL CLASS 11 (“Electronic vaporizers, namely, handheld electronic vaporizers for tobacco substitutes; apparatus for heating liquids, namely, electronic heaters to facilitate inhalation of nicotine-containing liquid, electronic heaters to facilitate inhalation of nicotine-flavoured liquid; apparatus for generating vapor, namely, handheld generators for inhalation of nicotine-containing aerosol, wired vaporizer for electronic cigarettes; electrically powered handheld vaporizers for vaporizing vaporizable constituents of herbal and plant matter”), iNTERNATIONAL CLASS 34 (“Apparatus for the use of marijuana and cannabis, namely, smoking pipes, water pipes, hookahs, nebulizers, atomizers, and oral vaporizers; cases for use with cannabis and marijuana; pouches for use with cannabis and marijuana; filter tips for use with cannabis and marijuana; rolling papers for use with cannabis and marijuana; pocket apparatus for rolling one's own cannabis; pocket apparatus for rolling one's own marijuana; grinders for use with cannabis and marijuana; scales for use with cannabis and marijuana; oral vaporizers for smokers; smoker's articles for electronic cigarettes, namely, cigarette atomizers, cartridges, wraps, caps, rings, springs, cleaning kits, electronic cigarette boxes; smoker's articles, namely, cigarette paper and tubes, cigarette filters, cigarette cases; pocket apparatus for rolling cigarettes”), AND INTERNATIONAL CLASS 35 (“Sale of apparatus for the use of marijuana and cannabis, namely, smoking pipes, water pipes, hookahs, nebulizers, atomizers, and oral vaporizers; sale of smoking accessories, namely, cases for use with cannabis and marijuana, pouches for use with cannabis and marijuana, filter tips for use with cannabis and marijuana, rolling papers for use with cannabis and marijuana, pocket apparatus for rolling one's own cannabis, pocket apparatus for rolling one's own marijuana, grinders for use with cannabis and marijuana, scales for use with cannabis and marijuana, oral vaporizers for smokers; sale of smoker's articles for electronic cigarettes, namely, cigarette atomizers, cartridges, wraps, caps, rings, springs, cleaning kits, electronic cigarette boxes; sale of smoker's articles, namely, cigarette paper and tubes, cigarette filters, tobacco tins, cigarette cases, ashtrays, pipes for smoking tobacco, pocket apparatus for rolling cigarettes”)

 

Registration is refused for the goods and services in International Class 11 (“electronic vaporizers, namely, handheld electronic vaporizers for tobacco substitutes; apparatus for heating liquids, namely, electronic heaters to facilitate inhalation of nicotine-containing liquid, electronic heaters to facilitate inhalation of nicotine-flavoured liquid; apparatus for generating vapor, namely, handheld generators for inhalation of nicotine-containing aerosol, wired vaporizer for electronic cigarettes; electrically powered handheld vaporizers for vaporizing vaporizable constituents of herbal and plant matter”), International Class 34 (“apparatus for the use of marijuana and cannabis, namely, smoking pipes, water pipes, hookahs, nebulizers, atomizers, and oral vaporizers; cases for use with cannabis and marijuana; pouches for use with cannabis and marijuana; filter tips for use with cannabis and marijuana; rolling papers for use with cannabis and marijuana; pocket apparatus for rolling one's own cannabis; pocket apparatus for rolling one's own marijuana; grinders for use with cannabis and marijuana; scales for use with cannabis and marijuana; oral vaporizers for smokers; smoker's articles for electronic cigarettes, namely, cigarette atomizers, cartridges, wraps, caps, rings, springs, cleaning kits, electronic cigarette boxes; smoker's articles, namely, cigarette paper and tubes, cigarette filters, cigarette cases; pocket apparatus for rolling cigarettes”), and International Class 35 (“sale of apparatus for the use of marijuana and cannabis, namely, smoking pipes, water pipes, hookahs, nebulizers, atomizers, and oral vaporizers; sale of smoking accessories, namely, cases for use with cannabis and marijuana, pouches for use with cannabis and marijuana, filter tips for use with cannabis and marijuana, rolling papers for use with cannabis and marijuana, pocket apparatus for rolling one's own cannabis, pocket apparatus for rolling one's own marijuana, grinders for use with cannabis and marijuana, scales for use with cannabis and marijuana, oral vaporizers for smokers; sale of smoker's articles for electronic cigarettes, namely, cigarette atomizers, cartridges, wraps, caps, rings, springs, cleaning kits, electronic cigarette boxes; sale of smoker's articles, namely, cigarette paper and tubes, cigarette filters, tobacco tins, cigarette cases, ashtrays, pipes for smoking tobacco, pocket apparatus for rolling cigarettes”) because applicant does not have a bona fide intent to lawfully use the applied-for mark in commerce.  Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; see TMEP §907.  APPLICANT SHOULD NOTE THAT THIS REFUSAL DOES NOT APPLY TO THE GOODS “ELECTRNOIC VAPORIZERS, NAMELY, HANDHELD ELECTRNOIC VAPORIZERS FOR TOBACCO, AND TOBACCO PRODUCTS” IN INTERNATIONAL CLASS 11, “LIGHTERS; MATCHES; SMOKER'S ARTICLES FOR ELECTRONIC CIGARETTES, NAMELY, CIGARETTE BATTERIES; SMOKER’S ARTICLES, NAMELY, TOBACCO TINS, ASHTRAYS, PIPES FOR SMOKING TOBACCO” IN INTERNATIONAL CLASS 34, AND “sale of smoking accessories, namely, lighters, matches; SALE OF SMOKER'S ARTICLES FOR ELECTRONIC CIGARETTES, NAMELY, CIGARETTE BATTERIES, SALE OF SMOKER’S ARTICLES, NAMELY, TOBACCO TINS, ASHTRAYS, PIPES FOR SMOKING TOBACCO” IN INTERNATIONAL CLASS 35.

To qualify for federal trademark/service mark registration, the use of a mark in commerce must be lawful.  Gray v. Daffy Dan’s Bargaintown, 823 F.2d 522, 526, 3 USPQ2d 1306, 1308 (Fed. Cir. 1987) (stating that “[a] valid application cannot be filed at all for registration of a mark without ‘lawful use in commerce’”); TMEP §907; see In re Stellar Int’l, Inc., 159 USPQ 48, 50-51 (TTAB 1968); Coahoma Chemical Co., Inc. v. Smith, 113 USPQ 413 (Com’r Pat. & Trademarks 1957) (concluding that “use of a mark in connection with unlawful shipments in interstate commerce is not use of a mark in commerce which the [Office] may recognize.”).  Thus, the goods and/or services to which the mark is applied must comply with all applicable federal laws.  See In re Brown, 119 USPQ2d 1350, 1351 (TTAB 2016) (citing In re Midwest Tennis & Track Co., 29 USPQ2d 1386, 1386 n.2 (TTAB 1993) (noting that “[i]t is settled that the Trademark Act’s requirement of ‘use in commerce,’ means a ‘lawful use in commerce’”)); In re Pepcom Indus., Inc., 192 USPQ 400, 401 (TTAB 1976); TMEP §907. 

Here, the items or activities to which the proposed mark will be applied are broad enough to encompass products that are unlawful under the federal Controlled Substances Act (CSA), 21 U.S.C. §§801-971.    The CSA makes it unlawful to sell, offer for sale, or use any facility of interstate commerce to transport “drug paraphernalia,” which is defined as “any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing in the human body a controlled substance.”  21 U.S.C. § 863.  Under the CSA, marijuana is a controlled substance.  21 U.S.C. §§ 812(a), (c), 841, 844.

The identification of goods/services includes and features equipment and products for processing, inhaling, and otherwise introducing to the body cannabis/marijuana. 

 

In order for an application to have a valid basis that could properly result in a registration, the use of the mark has to be lawful.  See In re Pepcom Indus., Inc., 192 USPQ 400, 401 (TTAB 1976).  Accordingly, because use of the applied-for mark in connection with such goods and/or services was not lawful as of the filing date, applicant did not have a bona fide intent to lawfully use the applied-for mark in commerce.  See In re JJ206, LLC, 120 USPQ2d 1568, 1569 (TTAB 2016) (“where the identified goods are illegal under the federal Controlled Substances Act (CSA), the applicant cannot use its mark in lawful commerce, and ‘it is a legal impossibility’ for the applicant to have the requisite bona fide intent to use the mark.”); see also In re Brown, 119 USPQ2d, 1351-1352; TMEP §907.   

 

On December 20, 2018, the CSA was amended to remove “hemp” from the definition of marijuana and specifically exclude “tetrahydrocannabinols in hemp (as defined under section 297A of the Agricultural Marketing Act of 1946)” from Schedule I, 21 U.S.C. §812(c)(17).  Because the identified goods and/or services consist of or include items or activities that are still prohibited under the Controlled Substances Act, namely, goods for use with cannabis without limitation to .3% THC, the applicant did not have a valid filing basis for any such items or activities.  To the extent the applicant’s goods are exclusively for use with products derived solely from cannabis plants that meet the current statutory definition of hemp, such goods may be lawful.

 

Therefore, in order to overcome this refusal, applicant must amend the identification of goods and services to specify that all items are “exclusively for use with cannabis products solely derived from hemp with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basis.”  Please see the complete requirement for an acceptable identification of goods and/or services below.

 

Applicant should note that the suggested amendments to the Identification of Goods and Services below removes references to marijuana, as the attached Internet evidence shows that it has more than 0.3% THC on a dry weight basis by definition.

 

The applicant may also present arguments and evidence against this refusal. 

 

If applicant responds to the refusal, applicant must also respond to the requirements set forth below.

 

IDENTIFICATION AND CLASSIFICATION OF GOODS AND SERVICES

 

Identification of Goods and Services

 

The identification of goods and services is indefinite and must be clarified for the following reasons.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01:

 

International Class 11

 

-          Electronic vaporizers, namely, handheld electronic vaporizers for tobacco, tobacco products and tobacco substitutesàapplicant must clarify whether these are “for smoking purposes” in Class 34 or “for household purposes” in Class 11

-          apparatus for heating liquids, namely, electronic heaters to facilitate inhalation of nicotine-containing liquid, electronic heaters to facilitate inhalation of nicotine-flavoured liquidàthese goods appear to be for smoking purposes, and thus should be classified in International Class 34

-          apparatus for generating vapor, namely, handheld generators for inhalation of nicotine-containing aerosol, wired vaporizer for electronic cigarettesàthese goods appear to be for smoking purposes, and thus should be classified in International Class 34

-          electrically powered handheld vaporizers for vaporizing vaporizable constituents of herbal and plant matteràapplicant must clarify whether these are “for smoking purposes” in Class 34 or “for household purposes” in Class 11

 

International Class 34

 

-          Apparatus for the use of marijuana and cannabis, namely, smoking pipes, water pipes, hookahs, nebulizers, atomizers, and oral vaporizersàapplicant must specify that the “water pipes,” “nebulizers,” “atomizers,” and “oral vaporizers” are “for smoking purposes” to be in Class 34

-          cases for use with cannabis and marijuana; pouches for use with cannabis and marijuanaàapplicant must clarify that these are for use with goods that are for smoking, to be in Class 34

-          rolling papers for use with cannabis and marijuanaàapplicant must clarify that these are “cigarette rolling papers” in Class 34

-          lightersàapplicant must clarify that these are “for smokers” in Class 34

-          pocket apparatus for rolling one's own cannabisàapplicant must clarify that these are for rolling a “cannabis cigarette” to be in Class 34

-          grinders for use with cannabis and marijuanaàapplicant must specify the type of “grinders” in Class 34, e.g., “grinder for use with cannabis for smoking purposes”

-          scales for use with cannabis and marijuanaàthese goods belong in Class 9

-          smoker's articles for electronic cigarettes, namely, cigarette batteries, cigarette atomizers, cartridges, wraps, caps, rings, springs, cleaning kits, electronic cigarette boxesà“cigarette batteries” belong in Class 9; applicant must specify if the “atomizers” and “cartridges” are sold empty

-          smoker's articles, namely, cigarette paper and tubes, cigarette filters, tobacco tins, cigarette cases, ashtrays; pipes for smoking tobacco, pocket apparatus for rolling cigarettes

 

International Class 35

 

-          Sale of apparatus for the use of marijuana and cannabis, namely, smoking pipes, water pipes, hookahs, nebulizers, atomizers, and oral vaporizers; sale of smoking accessories, namely, cases for use with cannabis and marijuana, pouches for use with cannabis and marijuana, filter tips for use with cannabis and marijuana, rolling papers for use with cannabis and marijuana, lighters, matches, pocket apparatus for rolling one's own cannabis, pocket apparatus for rolling one's own marijuana, grinders for use with cannabis and marijuana, scales for use with cannabis and marijuana, oral vaporizers for smokers; sale of smoker's articles for electronic cigarettes, namely, cigarette batteries, cigarette atomizers, cartridges, wraps, caps, rings, springs, cleaning kits, electronic cigarette boxes; sale of smoker's articles, namely, cigarette paper and tubes, cigarette filters, tobacco tins, cigarette cases, ashtrays, pipes for smoking tobacco, pocket apparatus for rolling cigarettesàThe word “sales” in the identification of services in International Class 35 is indefinite and must be clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.11.  To be a registrable service, the activity must be primarily for the benefit of someone other than the applicant.  See In re Reichhold Chems., Inc., 167 USPQ 376, 377 (TTAB 1970).  “Sales” or “selling” normally refers to selling one’s own goods or services and is not a registrable service rendered for the benefit of others.  See TMEP §§1301.01(a)(ii), 1402.11.

o   Therefore, applicant must delete “sale(s)” from the identification and indicate with greater specificity the nature of the service in International Class 35; e.g., “retail store services featuring ___,” “wholesale distributorships featuring ___,” and “on-line wholesale and retail store services featuring ___.”

 

In addition, the suggested wording from the Controlled Substances Act Refusal above is incorporated below.

 

Applicant may adopt the following identification, if accurate.  The wording that appears in bold and/or italics below represents the suggested changes.  Any wording that is crossed out represents matter that must be deleted from the identification.

 

International Class 9: Scales for use with cannabis products solely derived from hemp with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basis; electronic cigarette batteries

 

International Class 11: Electronic vaporizers, namely, handheld electronic vaporizers for household purposes for tobacco, tobacco products and tobacco substitutes; electrically powered handheld vaporizers for vaporizing vaporizable constituents of herbal and plant matter for household purposes; all of the aforementioned goods exclusively for use with cannabis products solely derived from hemp with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basis

 

International Class 34: Apparatus for smoking cannabis, namely, smoking pipes, water pipes, hookahs, nebulizers, atomizers, and oral vaporizers; cases for use with cannabis smoking products; pouches for use with cannabis smoking products; filter tips for use with cannabis smoking products; cigarette rolling papers for use with cannabis; pocket apparatus for rolling one's own cannabis cigarettes; grinders for use with cannabis smoking products; oral vaporizers for smokers; smoker's articles for electronic cigarettes, namely, cigarette atomizers sold empty, refill cartridges sold empty, wraps, caps, rings, springs, cleaning kits, electronic cigarette boxes; smoker's articles, namely, cigarette paper and tubes, cigarette filters, cigarette cases; pocket apparatus for rolling cigarettes; electronic vaporizers, namely, handheld electronic oral vaporizers for smoking purposes for tobacco, tobacco products and tobacco substitutes; apparatus for heating liquids for smoking purposes, namely, electronic heaters to facilitate inhalation of nicotine-containing liquid, electronic heaters to facilitate inhalation of nicotine-flavoured liquid; apparatus for generating vapor for smoking purposes, namely, handheld generators for inhalation of nicotine-containing aerosol, wired vaporizer for electronic cigarettes; electrically powered handheld oral vaporizers for vaporizing vaporizable constituents of herbal and plant matter for smoking purposes; all of the aforementioned goods exclusively for use with cannabis products solely derived from hemp with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basis; lighters for smokers; matches; tobacco tins; ashtrays, pipes for smoking tobacco

 

International Class 35: Retail store services featuring apparatus for the use of cannabis, namely, smoking pipes, water pipes, hookahs, nebulizers, atomizers, and oral vaporizers; retail store services featuring smoking accessories, namely, cases for use with cannabis, pouches for use with cannabis, filter tips for use with cannabis, rolling papers for use with cannabis, lighters, matches, pocket apparatus for rolling one's own cannabis, grinders for use with cannabis, scales for use with cannabis, oral vaporizers for smokers; retail store services featuring smoker's articles for electronic cigarettes, namely, cigarette batteries, cigarette atomizers, cartridges, wraps, caps, rings, springs, cleaning kits, electronic cigarette boxes; retail store services featuring smoker's articles, namely, cigarette paper and tubes, cigarette filters, tobacco tins, cigarette cases, ashtrays, pipes for smoking tobacco, pocket apparatus for rolling cigarettes; all of the aforementioned featured goods that are for use with cannabis products are for use with cannabis solely derived from hemp with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basis

 

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.

 

Classification of Goods and Services

 

If applicant adopts the suggested amendment of the goods and/or services, then applicant must amend the classification to International Classes 9, 11, 34, and 35.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401.

 

Additional Filing Fee(s) if Adding Additional International Class(es)

 

The USPTO changed the federal trademark rules to eliminate the TEAS RF application, which is now considered a “TEAS Standard” application.  See 37 C.F.R. §2.6(a)(iii).  The fee for adding classes to a TEAS Standard application is $275 per class.  See id.  For more information about these changes, see the Mandatory Electronic Filing webpage.

 

FOREIGN REGISTRATION CERTIFICATE REQUIRED

 

The application specifies Trademark Act Section 44(d) as the sole filing basis and indicates that applicant intends to rely on Section 44(e) as a basis for registration; however no copy of a foreign registration was provided.  See 15 U.S.C. §1126(d), (e). 

 

An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an applicant’s country of origin.  15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004, 1004.01, 1016.  In addition, the applicant’s country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law.  15 U.S.C. §1126(b); TMEP §§1002.01, 1004.

 

Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available.  TMEP §1003.04(a).  A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in applicant’s country of origin.  TMEP §1004.01.  If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, the applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to applicant’s country of origin.  TMEP §1016.  In addition, applicant must also provide an English translation if the foreign registration is not written in English.  37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b).  The translation should be signed by the translator.  TMEP §1004.01(b).

 

If the foreign registration is not yet available, applicant should inform the trademark examining attorney that the foreign application is still pending and request that the U.S. application be suspended until a copy of the foreign registration is available.  TMEP §§716.02(b), 1003.04(a).

 

If applicant cannot satisfy the requirements of the Section 44(e) basis, applicant may amend the basis to Section 1(a) or 1(b), if applicant can satisfy the requirements for the new basis.  See 15 U.S.C. §§1051(a)-(b), 1126(e); TMEP §806.03.  Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration.  See 37 C.F.R. §2.35(b)(3)-(4); TMEP §§806.02(f), 806.03(h).  

 

Response guidelines

 

For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action.  For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above.  For a requirement, applicant should set forth the changes or statements.  Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06. 

 

The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are 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 nonfinal Office action.    

 

 

/Lindsey H. Ben/

Lindsey H. Ben

Trademark Examining Attorney

Law Office 108

Phone: (571) 272-4239

Lindsey.Ben@uspto.gov

 

 

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 April 28, 2020 for

U.S. Trademark Application Serial No. 88407891

 

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. 

 

 

/Lindsey H. Ben/

Lindsey H. Ben

Trademark Examining Attorney

Law Office 108

Phone: (571) 272-4239

Lindsey.Ben@uspto.gov

 

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 April 28, 2020, 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.”