To: | Yeling Yin (872390048@qq.com) |
Subject: | U.S. Trademark Application Serial No. 88415392 - CHOP - N/A |
Sent: | August 05, 2019 07:01:42 PM |
Sent As: | ecom113@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88415392
Mark: CHOP
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Correspondence Address:
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Applicant: Yeling Yin
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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: August 05, 2019
TEAS PLUS 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 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 applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods. 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 applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
INTRODUCTION
This new, non-final Office action is in response to the applicant’s Response to Office Action filed on July 31, 2019.
In the initial Office action of July 11, 2019, the Office required the applicant to submit a substitute specimen and additional specimens and provide additional information.
The applicant responded to the preceding requirements, which are MAINTAINED AND CONTINUED for the brief reasons set forth below. Additionally, the applicant must hire a U.S. attorney, which constitutes a NEW ISSUE.
The applicant must address:
U.S. ATTORNEY REQUIRED – NEW ISSUE
Applicant must be represented by a U.S.-licensed attorney. The application record indicates that applicant’s domicile is outside of the United States in China, but no attorney who is an active member in good standing of the bar of the highest court of a U.S. State or territory has been appointed to represent the applicant in this matter. All applicants whose permanent legal residence or principal place of business is not within the United States or its territories must be represented by a U.S.-licensed attorney at the USPTO. 37 C.F.R. §§2.2(o), 2.11(a). Thus, applicant is required to be represented by a U.S.-licensed attorney and must appoint one. 37 C.F.R. §2.11(a). This application will not proceed to registration without such appointment and representation. See id. See Hiring a U.S.-licensed trademark attorney for more information.
To appoint or designate a U.S.-licensed attorney. To appoint an attorney, applicant should (1) submit a completed Trademark Electronic Application System (TEAS) Revocation, Appointment, and/or Change of Address of Attorney/Domestic Representative form and (2) promptly notify the trademark examining attorney that this TEAS form was submitted. Alternatively, if applicant has already retained an attorney, the attorney can respond to this Office action by using the appropriate TEAS response form and provide his or her attorney information in the form and sign it as applicant’s attorney. See 37 C.F.R. §2.17(b)(1)(ii).
SUBSTITUTE SPECIMEN REQUIRED – MAINTAINED AND CONTINUED
For the reasons stated in the initial Office action, which are incorporated herein by reference, the requirement that the applicant submit a substitute specimen is MAINTAINED AND CONTINUED.
Specifically, the first page of the substitute specimen appears to depict a case surrounding a cellphone, which does not include any goods set forth in the application. Additionally, given the relative unevenness of the mark on the goods, it appears that the applicant placed temporary letters in sticker form to spell out the mark on its goods.
Moreover, regarding the second page of the substitute specimen, this, too, appears to have been created for submission as picture frames generally do not contain the mark on the front as doing so would detract from the frame’s contents.
Lastly, the applicant writes: “Because of the poor sales, and the sale of 100 products on the Amazon platform will have a consumer comment. You can't prove that we are not using it in business because there is no comment.” Taking into account the totality of the evidence, however, it does not appear that the identified goods are available in U.S. commerce. Though the applicant may advertise them as being available, in light of the previously issued requirements, it is the applicant’s burden to establish that its goods are available in U.S. commerce.
ADDITIONAL INFORMATION REQUIRED – MAINTAINED AND CONTINUED
For the reasons stated in the initial Office action, which are incorporated herein by reference, the requirement that the applicant provide additional information about its goods and specimen is MAINTAINED AND CONTINUED.
The applicant did not address many of the questions set forth in this requirement, but, most important of all, the applicant failed to provide copies of invoices, bills of sale, or other documentation of sales of the goods.
ADDITIONAL SPECIMENS REQUIRED – MAINTAINED AND CONTINUED
For the reasons stated in the initial Office action, which are incorporated herein by reference, the requirement that the applicant provide additional specimens is MAINTAINED AND CONTINUED.
The applicant does not appear to have submitted specimens for “Mirrors” and “Hand mirrors”.
RESPONSE GUIDELINES
For this application to proceed, applicant must explicitly address the requirements in this Office action. For the requirements, 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 does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end and the trademark will fail to register. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a); TMEP §§718.01, 718.02. Additionally, the USPTO will not refund the application filing fee, which is a required processing fee. See 37 C.F.R. §§2.6(a)(1)(i)-(iv), 2.209(a); TMEP §405.04.
When an application has abandoned for failure to respond to an Office action, an applicant may timely file a petition to revive the application, which, if granted, would allow the application to return to active status. See 37 C.F.R. §2.66; TMEP §1714. The petition must be filed within two months of the date of issuance of the notice of abandonment and may be filed online via the Trademark Electronic Application System (TEAS) with a $100 fee. See 37 C.F.R. §§2.6(a)(15)(ii), 2.66(a)(1), (b)(1).
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.
How to respond. Click to file a response to this nonfinal Office action
/Kevin G. Crennan/
Trademark Examining Attorney
Law Office 113
(571) 272-7949
kevin.crennan@uspto.gov
RESPONSE GUIDANCE