To: | Pan Xiaocong (shenmahui@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88415865 - ECOSA - N/A |
Sent: | September 05, 2019 02:50:04 PM |
Sent As: | ecom107@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88415865
Mark: ECOSA
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Correspondence Address:
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Applicant: Pan Xiaocong
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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: September 05, 2019
INTRODUCTION
This Office action is supplemental to and supersedes the previous Office action issued on 7/24/2019 in connection with this application. The purpose of this Office action is to add an additional application requirement, namely, the requirement that applicant be represented by a U.S.- licensed attorney. See TMEP §§706, 711.02.
In the first Office action, dated 7/24/2019, the following issues were raised:
(1) Partial Refusal Under Section 2(d): Likelihood of Confusion
(2) Refusal Under Sections 1 and 45: Specimen Refusal
(3) Information About Specimen Required
Applicant filed a Reponses on 7/31/2019 which is made of record. At this time, however, (1) partial refusal under Section 2(d) is CONTINUED AND MAINTAINED; (2) the specimen refusal is CONTINUED AND MAINTAINED; and (3) the requirement that applicant submit information about the specimen is CONTINUED AND MAINTAINED.
Additionally, applicant must respond the following additional application requirement.
U.S.-Licensed Attorney Required—new REQUIREMENT
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).
Response guidelines: For this application to proceed, applicant must explicitly address the requirement in this Office action. For the 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.
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
Knight, Troy
/Troy Knight/
Examining Attorney
Law Office 107
U.S. Patent and Trademark Office
(571) 270-3151
Troy.Knight@USPTO.GOV
RESPONSE GUIDANCE