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:  July 25, 2019

 

 

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.

 

SUMMARY OF ISSUES:

• Prior-Filed Application
• Section 2(d) Refusal – Likelihood of Confusion
• Identification of Goods and Services
• Multiple-Class Application Requirements
• Foreign Registration Certificate Required

 

PRIOR-FILED APPLICATION

 

The filing date of pending U.S. Application Serial No. 87491431 precedes applicant’s filing date.  See attached referenced application.  If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks.  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced application.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

 

While applicant is not required to respond to the issue of the pending application, applicant must respond to the following issues within six months of the mailing date of this Office action to avoid abandonment.

 

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

 

THIS PARTIAL REFUSAL APPLIES ONLY TO THE SERVICES SPECIFIED THEREIN.

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 4582900.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registration.

 

Applicant’s mark is MINIM (in standard characters) for, in relevant part, as applied for, “making photo, film and video coverages” in International Class 41. 

 

Registrant’s mark is MINIME (in standard characters) for “Entertainment in the nature of live visual and audio musical performances by a musical artist or musical performer or musical group; entertainment services in the nature of live musical performances; entertainment services, namely, providing a website featuring non-downloadable musical performances, musical videos, photographs, and other multimedia materials in the field of music online via a global computer network” in International Class 41.

 

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 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/or 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.

 

Similarity of the Marks

 

Applicant’s mark is MINIM (in standard characters) for, in relevant part, as applied for, “making photo, film and video coverages” in International Class 41. 

 

Registrant’s mark is MINIME (in standard characters) for “Entertainment in the nature of live visual and audio musical performances by a musical artist or musical performer or musical group; entertainment services in the nature of live musical performances; entertainment services, namely, providing a website featuring non-downloadable musical performances, musical videos, photographs, and other multimedia materials in the field of music online via a global computer network” in International Class 41.

 

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).

 

Marks may be confusingly similar in appearance where similar terms or phrases or similar parts of terms or phrases appear in the compared marks and create a similar overall commercial impression.  See Crocker Nat’l Bank v. Canadian Imperial Bank of Commerce, 228 USPQ 689, 690-91 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n, 811 F.2d 1490, 1495, 1 USPQ2d 1813, 1817 (Fed. Cir. 1987) (finding COMMCASH and COMMUNICASH confusingly similar); In re Corning Glass Works, 229 USPQ 65, 66 (TTAB 1985) (finding CONFIRM and CONFIRMCELLS confusingly similar); In re Pellerin Milnor Corp., 221 USPQ 558, 560 (TTAB 1983) (finding MILTRON and MILLTRONICS confusingly similar); TMEP §1207.01(b)(ii)-(iii).

 

In the present case, applicant’s mark and registrant’s mark create similar commercial impressions because each of the marks feature the nearly identical term “MINIM” / “MINIME”. Though applicant’s mark uses a variant in spelling of the term, applicant’s “MINIM” and registrant’s “MINIME” are essentially phonetic equivalents and thus sound similar. Similarity in sound alone may be sufficient to support a finding that the marks are confusingly similar.  In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988); see In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581, 1586 (TTAB 2007); TMEP §1207.01(b)(iv). As such, consumers retaining only a general rather than a specific impression of trademarks are likely to believe that the applicant’s and registrant’s marks identify the same source as applied to the respective services.

 

Accordingly, the applied-for mark is considered confusingly similar to the registered mark for the likelihood of confusion analysis.

 

Relatedness of the Services

 

Applicant’s services are for, in relevant part, as applied for, “making photo, film and video coverages” in International Class 41. 

 

Registrant’s services are for “Entertainment in the nature of live visual and audio musical performances by a musical artist or musical performer or musical group; entertainment services in the nature of live musical performances; entertainment services, namely, providing a website featuring non-downloadable musical performances, musical videos, photographs, and other multimedia materials in the field of music online via a global computer network” in International Class 41.

 

The compared services need not be identical or even competitive to find a likelihood of confusion.  See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000); TMEP §1207.01(a)(i).  They need only be “related in some manner and/or if the circumstances surrounding their marketing are such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).

 

Indeed, the attached Internet evidence establishes that the same entity commonly provides the relevant services and markets the services under the same mark.  See attached Internet evidence from BME Event Group, Baseline Productions, and Rock the House showing the same parties offering photo, film, and video services as well as live musical performances and a website featuring music performances, videos, and photographs. Therefore, 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).

 

Conclusion

 

The marks are similar in overall commercial impression, and the services are highly related.  It is likely that a consumer would mistakenly believe applicant’s services are offered by registrant or vice versa.  For these reasons, registration is refused pursuant to Section 2(d) of the Trademark Act.

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.

 

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

 

Section 2(d) Response Options

The stated refusal refers to the following services and does not bar registration for the other goods and/or services:  “making photo, film and video coverages.”

 

Applicant may respond to the stated refusal by submitting evidence and arguments against the refusal.  In addition, applicant may respond by doing one of the following: 

(1)  Deleting the services to which the refusal pertains; 

(2)  Filing a request to divide out the services that have not been refused registration, so that the mark may proceed toward publication for opposition for those services to which the refusal does not pertain.  See 37 C.F.R. §2.87.  See generally TMEP §§1110 et seq. (regarding the requirements for filing a request to divide).  If applicant files a request to divide, then to avoid abandonment, applicant must also file a timely response to all outstanding issues in this Office action, including the refusal.  37 C.F.R. §2.87(e).;  

(3)  Amending the basis for the goods and/or services identified in the refusal, if appropriate.  TMEP §806.03(h).  (The basis cannot be changed for applications filed under Trademark Act Section 66(a).  TMEP §1904.01(a).)

IDENTIFICATION OF GOODS AND SERVICES

 

The wording “Detergents” in the identification of goods is indefinite and must be clarified to specify the intended nature or purpose of the goods, e.g., Detergents for household use.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Moreover, the wording “preparations and substances, all for laundry use” in the identification of goods is indefinite and must be clarified to specify the intended nature or purpose of the goods, e.g., preparations and substances, all for laundry use, namely, laundry detergents, laundry soap, laundry pre-soak, laundry fabric conditioner.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Further, the wording “bleaching preparations” in the identification of goods is indefinite and must be clarified to specify the intended nature or purpose of the goods, e.g., bleaching preparations for household purposes.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

In addition, the wording “deodorizing and freshening preparations for use on clothing and textiles” in the identification of goods for International Class 3 must be clarified because it is too broad and could include goods in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass “Deodorizing and freshening preparations, namely, deodorants for use on clothing and textiles” in International Class 5.

 

Moreover, the wording “preparations for washing clothing and textiles by hand” in the identification of goods is indefinite and must be clarified to specify the intended nature or purpose of the goods, e.g. detergent soap.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Further, the wording “cleaning, polishing, scouring and abrasive preparations” in the identification of goods is indefinite and must be clarified to specify the intended nature or purpose of the goods, e.g., general purpose cleaning, polishing, and abrasive liquids and powders.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

In addition, the wording “soaps” in the identification of goods is indefinite and must be clarified to specify the intended nature or purpose of the goods, e.g., non-medicated soaps.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Moreover, the wording “colognes, eau de toilette, perfume body sprays; oils, creams and lotions for the skin” in the identification of goods is indefinite and must be clarified to specify the intended nature or purpose of the goods, e.g., colognes, eau de toilette, perfume body sprays; oils, creams and lotions for the skin for cosmetic use.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Further, the wording “preparations for the bath and shower; hair creams and lotions” in the identification of goods is indefinite and must be clarified to specify the intended nature or purpose of the goods, e.g., cosmetic preparations for the bath and shower; hair creams and lotions.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

In addition, the wording “shampoo and conditioner” in the identification of goods is indefinite and must be clarified to specify the intended nature or purpose of the goods, e.g., hair shampoo and conditioner.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Moreover, the wording “providing email and instant messaging services” in the identification of services is indefinite and must be clarified to specify the intended nature or purpose of the services, e.g., providing electronic transmission of email and instant messaging services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Further, the wording “Education and publication services relating to consumer goods products, packaging, sustainable living and the environment” in the identification of services is indefinite and must be clarified to specify the intended nature or purpose of the services, e.g., Education services, namely, providing seminars in the field of consumer goods products, packaging, sustainable living and the environment; publication services, namely, publication of printed matter in the field of consumer goods products, packaging, sustainable living and the environment.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

In addition, the wording “publication and distribution of books, newspapers, magazines, video films and other publications, including the publication and distribution of such goods on the internet and other data carriers” in the identification of services is indefinite and must be clarified to specify the intended nature or purpose of the services, e.g., publication of books, newspapers, magazines and publication of on-line books, newspapers, and magazines.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Moreover, the wording “Providing information and advice in relation to consumer goods products, packaging, sustainable living and the environment” in the identification of services is indefinite and must be clarified to specify the intended nature or purpose of the services, e.g., Providing technological information and advice about environmentally-conscious innovations in the field of consumer goods products, packaging, sustainable living and the environment.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Further, the wording “conducting research and development in the aforementioned fields” in the identification of services is indefinite and must be clarified to specify the intended nature or purpose of the services, e.g., conducting product research and development in the fields of consumer goods products, packaging, sustainable living and the environment.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

In addition, the wording “research and development in relation to sustainable use of resources and impact and protection of the environment” in the identification of services is indefinite and must be clarified to specify the intended nature or purpose of the services, e.g., scientific research and development in relation to sustainable use of resources and impact and protection of the environment.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Applicant may substitute the following wording, if accurate (additions shown in bold; deletions shown as strikethrough text): 

 

International Class 3:

 

Detergents for household use; preparations and substances, all for laundry use, namely, laundry detergents, laundry soap, laundry pre-soak, laundry fabric conditioner; fabric conditioning preparations, fabric softeners; bleaching preparations for household purposes; stain removing preparations; deodorizing and freshening preparations for use on clothing and textiles;  preparations for washing clothing and textiles by hand, namely, detergent soap; laundry starch; cleaning, polishing, scouring and abrasive preparations, namely, general purpose cleaning, polishing, and abrasive liquids and powders; non-medicated soaps; perfumery, essential oils, cosmetics; colognes, eau de toilette, perfume body sprays; oils, creams and lotions for the skin for cosmetic use; shaving foam, shaving gel, pre-shaving and after-shaving lotions; talcum powder; cosmetic preparations for the bath and shower; hair creams and lotions; hair shampoo and conditioner; toothpaste, dentifrices; non-medicated mouthwashes; deodorants and anti-perspirants for personal use

 

International Class 5: NEW CLASS

 

Deodorizing and freshening preparations, namely, deodorants for use on clothing and textiles

 

International Class 38:

 

Providing online forums for communication, namely, transmission on topics of general interest; providing electronic transmission of email and instant messaging services; chatroom services for social networking; providing online communications links which transfer web site users to other local and global web pages; information, advisory, and consultancy services in relation to all the aforesaid services

 

International Class 41:

 

Education and publication services, namely, providing seminars in the field of relating to consumer goods products, packaging, sustainable living and the environment; publication services, namely, publication of printed matter in the field of consumer goods products, packaging, sustainable living and the environment; publication and distribution of books, newspapers, magazines and publication of on-line books, newspapers, and magazines, video films and other publications, including the publication and distribution of such goods on the internet and other data carriers; organisation of events, seminars and other educative forums in the field of consumer goods products, packaging, sustainable living and the environment; making photo, film and video coverages, namely, photography, film and video production services

 

International Class 42:

 

Providing technological information and advice about environmentally-conscious innovations in the field of in relation to consumer goods products, packaging, sustainable living and the environment; conducting product research and development in the fields of consumer goods products, packaging, sustainable living and the environment the aforementioned fields; scientific research and development in relation to sustainable use of resources and impact and protection of the environment

 

Applicant may amend the identification to clarify or limit the good, but not to broaden or expand the goods beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods may not later be reinserted.  See TMEP §1402.07(e).  Additionally, for U.S. applications filed under Trademark Act Section 44(e), the scope of the identification for purposes of permissible amendments may not exceed the scope of the goods identified in the foreign registration.  37 C.F.R. §2.32(a)(6); Marmark, Ltd. v. Nutrexpa, S.A., 12 USPQ2d 1843, 1845 (TTAB 1989) (citing In re Löwenbräu München, 175 USPQ 178, 181 (TTAB 1972)); TMEP §§1012, 1402.01(b).

 

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.

 

MULTIPLE-CLASS APPLICATION REQUIREMENTS

 

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Sections 1(b) and 44:

 

(1)       List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)       Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule).  The application identifies goods and/or services that are classified in at least five (5) classes; however, applicant submitted fees sufficient for only four (4) classes.  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

See an overview of the requirements for a Sections 1(b) and 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class.  See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a).  See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.

 

FOREIGN REGISTRATION CERTIFICATE REQUIRED

 

The application specifies both an intent to use basis under Trademark Act Section 1(b) and a claim of priority under Section 44(d) based on a foreign application.  See 15 U.S.C. §§1051(b), 1126(d); 37 C.F.R. §2.34(a)(2), (a)(4).  However, no copy of a foreign registration has been provided even though the application indicates applicant’s intent to rely on Section 44(e) as an additional basis for registration.  See 15 U.S.C. §1126(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, an 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, 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 has not yet issued, or applicant requires additional time to procure a copy of the foreign registration (and English translation, as appropriate), applicant should so inform the trademark examining attorney and request that the U.S. application be suspended until a copy of the foreign registration is available.  TMEP §§716.02(b), 1003.04(b).

 

If applicant cannot satisfy the requirements of a Section 44(e) basis, applicant may request that the mark be approved for publication based solely on the Section 1(b) basis.  See 15 U.S.C. §§1051(b), 1126(e); 37 C.F.R. §2.35(b)(1); TMEP §§806.02(f), 806.04(b), 1003.04(b).  Although the mark may be approved for publication on the Section 1(b) basis, it will not register until an acceptable allegation of use has been filed.  See 15 U.S.C. §1051(c)-(d); 37 C.F.R. §§2.76, 2.88; TMEP §1103.  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), 806.04(b). 

 

Alternatively, applicant has the option to amend the application to rely solely on the Section 44(e) basis and request deletion of the Section 1(b) basis.  See 37 C.F.R. §2.35(b)(1); TMEP §806.04.  The foreign registration alone may serve as the basis for obtaining a U.S. registration.  See 37 C.F.R. §2.34(a)(3); TMEP §806.01(d).

 

ASSISTANCE: 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. 

 

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  

 

 

/Melissa Sturman/

Melissa Sturman

Trademark Examining Attorney

Law Office 125

(571) 272-2781

melissa.sturman@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 July 25, 2019 for

U.S. Trademark Application Serial No. 88423215

 

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. 

 

 

/Melissa Sturman/

Melissa Sturman

Trademark Examining Attorney

Law Office 125

(571) 272-2781

melissa.sturman@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 July 25, 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.”