| To: | Entercom Operations, Inc. (Andrew.Sutor@entercom.com) |
| Subject: | U.S. Trademark Application Serial No. 88414057 - R RADIO.COM - N/A |
| Sent: | July 22, 2019 02:44:03 PM |
| Sent As: | ecom120@uspto.gov |
| Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
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U.S. Application Serial No. 88414057
Mark: R RADIO.COM
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Correspondence Address:
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Applicant: Entercom Operations, Inc.
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Reference/Docket No. N/A
Correspondence Email Address: |
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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: July 22, 2019
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.
SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be confused, mistaken, or deceived as to the commercial source of the goods and services of the parties. See 15 U.S.C. §1052(d). Likelihood of confusion is determined on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) (called the “du Pont factors”). In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017). Only those factors that are “relevant and of record” need be considered. M2 Software, Inc. v. M2 Commc’ns, Inc., 450 F.3d 1378, 1382, 78 USPQ2d 1944, 1947 (Fed. Cir. 2006) (citing Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1241, 73 USPQ2d 1350, 1353 (Fed. Cir. 2004)); see In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1744 (TTAB 2018).
Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis: (1) the similarities between the compared marks and (2) the relatedness of the compared goods and services. See In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); Federated Foods, Inc. v. Fort Howard Paper Co.,544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the marks.”); TMEP §1207.01.
Applicant’s applied-for mark is R RADIO.COM and design for “Downloadable computer software in the nature of a mobile application for mobile phones, smartphones, portable media players, and handheld computers for use in streaming and downloading multimedia files in the fields of music, comedy, sports, entertainment, and current events; downloadable podcasts in the fields of music, comedy, sports, entertainment, and current events via a global communication network”, “Broadcasting services, namely, streaming of audio material via the Internet; podcasting services”, “Radio programming, namely, scheduling of programs to be broadcast on the radio and streamed via global computer network; providing news in the fields of music, sports, entertainment, and current events via a global communication network, the Internet, websites, podcasts, webcasts, webisodes, blogs, portable and wireless communication devices; Entertainment services, namely, providing podcasts in the fields of music, news, sports, comedy, entertainment and current events”, and “Computer services, namely, providing a website featuring technology that allows users to access online database featuring radio stations, and information related to entertainment personalities, news, sports, and related information; providing a website featuring a search engine to look for ongoing entertainment radio programs”.
Registrants’ marks are as follows:
1. Registration No. 4796015, R RADIO and design for “Downloadable computer software accessible via the Internet and mobile devices for delivering interactive, customizable audio news and related information, intended to allow the listener to share and provide commentary regarding such information” and “Production of audio recordings featuring news and information, accessible via the Internet and mobile device, intended to allow the listener to receive, share and provide commentary on customized news and/or information content”.
2. Registration No. 5706090, R RADIO PLAYER and design, for:
Class 9: Radio programmes, music, videos, sound, images, text and data downloadable from the Internet or other computer networks featuring radio programs, music, music videos, news, sport, entertainment; mobile applications for streaming and listening to music, radio, sport and news; application software for streaming and listening to music, radio, sport and news; software applications for tablet computers and smartphones for streaming and listening to music, radio, sport and news; application software for wireless devices for streaming and listening to music, radio, sport and news; computer hardware; apparatus, instruments and media for storing and reproducing music, sounds, images and text, namely, computers, televisions, MP4 players, mobile phones, digital radios, radios, smartphones; sound and video recordings featuring music, sport, news, entertainment and musical sound recordings; data recordings, namely, audio, video, still and moving images and text featuring music, sport information, travel information and news; computer software, namely, software for use in downloading, storing, reproducing and organising audio, video, still and moving images and data; educational software featuring instruction in music and radio broadcasting; downloadable electronic publications in the nature of books, magazines, e-books, newsletters in the field of music, sport, news and entertainment; downloadable software for streaming and listening to music, radio, sport and news; digital radios; mobile radios; portable digital audio broadcasting DAB radios; radios incorporating alarm clocks; remote controls for radios; flash drives, namely, blank USB flash drives and pre-recorded flash drives featuring music; television and radio signal transmitters and receivers; recorded content, namely, pre-recorded CDs featuring music; information technology and audio-visual equipment, namely, video projectors, touchscreen monitors, radios, digital radios, computers, tablet computers; radio signal tuners; computer search engine software; software for online messaging; and replacement parts for all the aforesaid goods
Class 16: Printed publications, namely, leaflets, booklets, magazines, books, newsletters in the field of music, radio, news, sport, entertainment, podcasting; magazines in the field of music, radio, news, sport, entertainment, podcasting; books, namely, music books and autobiographies; photographs; stationery; paint brushes; printing blocks; posters; cards, namely, trivia cards, blank cards, greeting cards; postcards; greetings cards; trading cards, namely, collectible trading cards; printed invitations; diaries; calendars; photograph albums; prints; gift bags, gift boxes, paper gift tags and paper gift wrap; notepads; writing instruments and crayons
Class 38: Broadcasting services, namely, internet broadcasting, radio broadcasting, digital internet-based broadcasting; radio broadcasting services; digital radio broadcasting services; radio broadcasting over the Internet and other communication networks; Internet radio broadcasting services; provision of communications via radio; streaming of radio programmes and audio material on the Internet; news agency services for electronic transmission; communications and telecommunications services, namely, digital network telecommunications services; transmission, broadcast and reception of audio, video, still and moving images, text and data by the internet, streaming, radio transmission, whether in real or delayed time; transmission of radio programmes via the internet, digital, television transmission; other dissemination, by means of telecommunication networks, wireless communications networks, digital networks and the Internet, of audio, video, still and moving images, text and data whether in real or delayed time; electronic mail services, namely, transmission of electronic mail, data communication by electronic mail; teletext and interactive internet, radio, cable, and digital broadcasting services; rental of telecommunications facilities, namely, radio and television broadcasting facilities; providing access to a computer database; interactive television and radio broadcasting; online messaging services, namely, online services in the nature of message sending; provision of information and advisory services for telecommunications, radio and television broadcasting
Class 41: Provision of entertainment, namely, entertainment services in the nature of radio programmes, news, sport; production, presentation and distribution of audio, video, still and moving images and data, namely, music production services, video production services, presentation of musical performances, radio production services; Publishing services, namely, publishing of books, magazines and newspapers; Online electronic publishing of books, magazines and newspapers; Internet radio entertainment services, namely, internet radio entertainment production, entertainment in the nature of live radio personality performances; providing non-downloadable electronic publications, namely, providing online non-downloadable electronic publications in the nature of magazines, books in the field of music, sport, entertainment news, travel; organization, production and presentation of shows, competitions, concerts, exhibitions and events, namely, organization of musical, radio, cultural shows; music entertainment services, namely, live radio shows, live music performances, live music concerts; radio entertainment services, namely, radio programs featuring performances by radio personalities, presenters, musicians; production of syndicated radio programmes; entertainment services, namely, presentation of ongoing radio programmes in the field of music, entertainment, news, sport; production of radio and television programmes; television and radio programming; TV and radio presenter services, namely, presentation of ongoing television and radio shows in the field of music, entertainment, news, sport; organisation of competitions, concerts and live shows, namely, organization of competitions, concerts, and live shows in the field of music, entertainment, news, sport; provision of information and advisory services for radio production, entertainment information, provision of sports and entertainment news; providing on-line entertainment information, namely, information about radio programming
Comparison of the Marks
Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression. Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v). “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.” In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)); TMEP §1207.01(b).
Registrants’ marks and applicant’s mark share the common R RADIO wording. Because this shared wording gives rise to a similar commercial impression when considered in connection with applicant’s and registrants’ goods and services, the marks are considered similar for purposes of the likelihood of confusion analysis.
Because each of the registered marks shares common wording with applicant’s mark, the marks are sufficiently similar to find a likelihood of confusion.
Comparison of the Goods and Services
Absent restrictions in an application and/or registration, the identified goods and services are presumed to travel in the same channels of trade to the same class of purchasers. In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)). Additionally, unrestricted and broad identifications are presumed to encompass all goods and/or services of the type described. See, e.g., Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015); In re N.A.D., Inc., 57 USPQ2d 1872, 1874 (TTAB 2000).
In this case, U.S. Registration No. 5706090 uses the broad wording “radio programming”, “broadcasting services, namely, internet broadcasting”, “Provision of entertainment, namely, entertainment services in the nature of radio programmes, news, sport”, “transmission, broadcast and reception of audio, video, still and moving images, text and data by the internet, streaming, radio transmission, whether in real or delayed time”, “Radio programmes, music, videos, sound, images, text and data downloadable from the Internet or other computer networks featuring radio programs, music, music videos, news, sport, entertainment”, “downloadable software for streaming and listening to music, radio, sport and news”, and “computer software, namely, software for use in downloading, storing, reproducing and organising audio, video, still and moving images and data” to describe the services, which presumably encompasses all goods and services of the type described, including applicant’s more narrow identification of “Radio programming, namely, scheduling of programs to be broadcast on the radio and streamed via global computer network” , “Broadcasting services, namely, streaming of audio material via the Internet”, “providing news in the fields of music, sports, entertainment, and current events via a global communication network, the Internet, websites, podcasts, webcasts, webisodes, blogs, portable and wireless communication devices”, “podcasting services”, “Entertainment services, namely, providing podcasts in the fields of music, news, sports, comedy, entertainment and current events”, “Downloadable podcasts in the fields of music, comedy, sports, entertainment, and current events via a global communication network”, and “Downloadable computer software in the nature of a mobile application for mobile phones, smartphones, portable media players, and handheld computers for use in streaming and downloading multimedia files in the fields of music, comedy, sports, entertainment, and current events”.
Likewise, U.S. Registration No. 4796015 uses the broad wording “Downloadable computer software accessible via the Internet and mobile devices for delivering interactive, customizable audio news and related information, intended to allow the listener to share and provide commentary regarding such information” to describe the goods, and this wording is presumed to encompass all goods of the type described, including applicant’s more narrow identification of “Downloadable computer software in the nature of a mobile application for mobile phones, smartphones, portable media players, and handheld computers for use in streaming and downloading multimedia files in the fields of music, comedy, sports, entertainment, and current events”.
See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015). Thus, applicant’s and registrants’ goods and services are legally identical. See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v.Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).
Moreover, the attached Internet evidence from Archive.org, OldRadioWorld.com, and AmericanArchive.org establishes that the same entity commonly provides websites featuring technology that allows users to search an online database featuring radio stations and related information, a website featuring a search engine to look for radio programs, and streaming of radio programmes and audio material on the Internet, and markets the services under the same mark. Thus, applicant’s and registrant’s services are considered related for likelihood of confusion purposes. See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB 2009).
Based on the analysis above, applicant’s and registrants’ goods and services are related.
Because applicant’s and registrants’ marks share common wording and because the goods and services are related, there is a likelihood of confusion and applicant’s applied-for mark must be refused under Section 2(d) of the Lanham Act.
Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration. However, if applicant responds to the refusal, applicant must also respond to the requirements set forth below.
SPECIMEN UNACCEPTABLE
THIS PARTIAL REQUIREMENT APPLIES TO CLASS 42 ONLY
Registration is refused because the specimen does not show the applied-for mark in use in commerce in International Class 42. 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), 1301.04(g)(i). Specifically, the specimen consists of screenshots from applicant’s website that allows users to download applicant’s app; however, the specimen makes no reference to applicant providing a website featuring technology that allows users to access an online database or to providing a website featuring a radio program search engine.
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 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).
Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and webpages that show the mark used in the actual sale, rendering, or advertising of the services. See TMEP §1301.04(a), (h)(iv)(C). Specimens comprising advertising and promotional materials must show a direct association between the mark and the services. TMEP §1301.04(f)(ii).
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 software 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, please go to the Specimen webpage.
DISCLAIMER REQUIRED
In this case, applicant must disclaim the wording RADIO.COM because it is not inherently distinctive. These unregistrable term(s) at best are merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or 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).
The word RADIO appears in applicant’s identification of services. In addition, the non-source-identifying generic top-level domain (gTLD) “.COM” merely indicates an Internet address for use by commercial, for-profit organizations. See, e.g., In re 1800Mattress.com IP LLC, 586 F.3d 1359, 1364, 92 USPQ2d 1682, 1685 (Fed. Cir. 2009); In re Hotels.com, L.P., 573 F.3d 1300, 1301, 1304, 91 USPQ2d 1532, 1533, 1535 (Fed. Cir. 2009); In re Oppedahl & Larsen LLP, 373 F.3d 1171, 1175-77, 71 USPQ2d 1370, 1373-74 (Fed. Cir. 2004); see also TMEP §§1209.03(m), 1215.01.
Thus, the wording merely describes applicant’s services because applicant’s services include the provision of an Internet website featuring technology that allows users to access an online database featuring radio stations.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “RADIO.COM” 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.
MARK DIFFERS ON DRAWING AND SPECIMEN
Registration is refused because the specimen does not show the mark in the drawing in use in commerce in International Classes 9, 38, 41, and 42, which is required in the application or amendment to allege use. 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), 1301.04(g)(i). The mark appearing on the specimen and in the drawing must match; that is, the mark in the drawing “must be a substantially exact representation of the mark” on the specimen. See 37 C.F.R. §2.51(a)-(b); TMEP §807.12(a).
In this case, the specimen displays the mark as the white stylized wording R RADIO.COM, with white concentric lines forming the left portion of the first letter “R”. However, the drawing displays the mark as the blue stylized wording R RADIO.COM, with blue concentric lines forming the left portion of the first letter “R”. The mark on the specimen does not match the mark in the drawing because the drawing shows the mark in blue and the specimen shows the mark in white. Applicant has thus failed to provide the required evidence of use of the mark in commerce. See TMEP §807.12(a).
Applicant may respond to this refusal by satisfying one of the following:
(1) Submit a new black-and-white drawing of the mark. Applicant may amend the mark in the drawing to delete color but may not make any other changes or amendments that would materially alter the mark on the drawing. See 37 C.F.R. §2.72(a)-(b); TMEP §807.14.
(2) Submit a different specimen (a verified “substitute” specimen) for each applicable international class that (a) shows the mark in the drawing in actual use in commerce in the colors depicted on the drawing and for the goods and/or services in the application or amendment to allege use, and (b) 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.
Examples of specimens for goods include tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, and displays associated with the actual goods at their point of sale. See TMEP §§904.03 et seq. 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. TMEP §904.03(i). Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and webpages that show the mark used in the actual sale, rendering, or advertising of the services. See TMEP §1301.04(a), (h)(iv)(C).
If selecting option (2), applicant should also submit an amendment to the description of the mark and color claim. See 37 C.F.R. §2.72(b). The following color claim and description are suggested, if accurate:
Color claim: The color blue is claimed as a feature of the mark.
Description: The mark consists of the stylized wording R RADIO.COM appearing in blue, with the letter “R” appearing above the wording “RADIO.COM”. The left half of the top letter “R” consists of concentric curved blue lines. The color white represents background and is not part of the mark.
For more information about drawings and instructions on how to satisfy these response options online using the Trademark Electronic Application System (TEAS) form, see the Drawing webpage.
AMENDED COLOR CLAIM, MARK DESCRIPTION, AND/OR DRAWING REQUIRED
Applicant may respond to this requirement by satisfying one of the following:
(1) If color is not a feature of the mark, applicant must submit a black-and-white drawing of the mark to replace the color drawing. See TMEP §807.07(a)(i). However, any other amendments to the drawing will not be accepted if they materially alter the mark. 37 C.F.R. §2.72; see TMEP §§807.14 et seq.
(2) If color is a feature of the mark, applicant must submit a statement (a) listing all the colors that are claimed as a feature of the mark and (b) describing all the literal and design elements in the mark that specifies where each color appears in those elements. 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §807.07(a)-(a)(ii). Generic color names must be used to describe the colors in the mark, e.g., red, yellow, blue. TMEP §807.07(a)(i)-(ii). If black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark, applicant must so specify in the description. See TMEP §807.07(d). The following color claim and description are suggested, if accurate:
Color claim: The color blue is claimed as a feature of the mark.
Description: The mark consists of the stylized wording R RADIO.COM appearing in blue, with the letter “R” appearing above the wording “RADIO.COM”. The left half of the top letter “R” consists of concentric curved blue lines. The color white represents background and is not part of the mark.
See TMEP §807.07(b).
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.
If applicant has questions regarding this Office action, please call or email the assigned trademark examining attorney. 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.
For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help; an online directory of legal professionals, such as FindLaw®; or a local telephone directory. The USPTO, however, may not assist an applicant in the selection of a private attorney. 37 C.F.R. §2.11.
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
/Katerina D. Sparer/
Examining Attorney, Law Office 120
United States Patent and Trademark Office
katerina.sparer@uspto.gov
(571) 272-4542
RESPONSE GUIDANCE
