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:  October 17, 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.

 

SEARCH OF OFFICE’S DATABASE OF MARKS

 

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

 

FDCA REFUSAL – BASED ON ID – NO BONA FIDE INTENT TO LAWFULLY

USE IN COMMERCE AS OF FILING DATE – CLASSES 5, 29, 30 AND 32 ONLY

 

Registration is refused 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.  This refusal applies only to the goods identified in Classes 5, 29, 30 and 32 only.

 

This refusal issues when “(1) a violation of federal law is indicated by the application record or other evidence, such as when a court or a federal agency responsible for overseeing activity in which the applicant is involved, and which activity is relevant to its application, has issued a finding of noncompliance under the relevant statute or regulation, or (2) when the applicant’s application-relevant activities involve a per se violation of a federal law.”  In re Brown, 119 USPQ2d at 1351 (citing Kellogg Co. v. New Generation Foods Inc., 6 USPQ2d 2045, 2047 (TTAB 1988); Santinine Societa v. P.A.B. Produits, 209 USPQ 958, 964 (TTAB 1981)); TMEP §907.

 

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 to which the mark will be 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. 

The application identifies items or activities that involve a per se violation of federal law.  See In re Brown, 119 USPQ2d at 1352.  The Federal Food, Drug, and Cosmetic Act prohibits the introduction or delivery for introduction into interstate commerce of a food or beverage to which has been added a drug or a biological product for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public.  21 U.S.C. §331(ll); see also 21 U.S.C. §321(ff) (indicating that a dietary supplement is deemed to be a food within the meaning of the Federal Food, Drug and Cosmetic Act). 

Cannabidiol (CBD) is an active ingredient in an FDA-approved drug, Epidiolex®, (see http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm611046.htm copy attached) and is the subject of substantial clinical investigations before it was marketed in foods or as dietary supplements.  See FDA Regulation of Cannabis and Cannabis-derived Products: Questions and Answers  http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm421168.htm copy attached. The Drug Enforcement Administration (DEA) placed Epidiolex® on schedule V of the CSA on September 27, 2018.  Nevertheless, marijuana and CBD derived from marijuana remain unlawful.  No other cannabis-derived drug products have been approved by the FDA.  Under the Food, Drug and Cosmetics Act (FDCA), any product intended to have a therapeutic or medical use, and any product (other than a food) that is intended to affect the structure or function of the body of humans or animals, is a drug.  21 U.S.C. § 321(g)(1) 

In the present case, the application identifies the following goods and/or services for which applicant has alleged a bona fide intent to use in commerce in Classes 5, 29, 30 and 32: cannabidiol (CBD) oils, salves, concentrated pastes, tincture, tablets and capsules, nutraceuticals, topical skin creams and lotions, transdermal patches containing CBD, medicinal oils containing CBD, edible ils and food products comprised of CBD and smoothies, fruit juices and beverages, soft drinks and energy drinks comprised of CBD.

It is unlawful to introduce food or beverages containing added CBD into interstate commerce or to market CBD as, or in, dietary and nutritional supplements, regardless of whether the substances are hemp-derived.  See Statement from FDA Commissioner Scott Gottlieb, M.D., on signing of the Agriculture Improvement Act and the agency’s regulation of products containing cannabis and cannabis-derived compounds.

 http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm628988.htm copy attached.  In addition, an unapproved new drug cannot be distributed or sold in interstate commerce unless it is the subject of an FDA-approved new drug application (NDA) or abbreviated new drug application (ANDA). 21 U.S.C. §§ 331(d) and 355(a), (b), & (j); see also FDA Regulation of Cannabis and Cannabis-Derived Products: Questions and Answers http://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-questions-and-answers copy attached.  Applicant’s identification for the nutraceuticals, medicinal oils, transdermal patches, medicinal skin care lotions, salves, creams, pills, pastes and tinctures are intended to be used for therapeutic use and affect the structure or function of the body.

 

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)  Because introduction of such goods into commerce 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 in connection with such goods and/or the identified services.  See e.g. 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.   

 

In the event applicant is currently seeking FDA approval of the marketing of its CBD based goods in Class 5 which would fall within the definition of a drug, applicant may submit a copy of its marketing application and maintain the Section 1(b) filing basis of the application, 15 U.S.C. §1051(b), until such time as applicant’s application is approved, and lawful use may be alleged.   See 37 C.F.R. §§2.34 et seq., TMEP §§806 et seq.  Alternatively, applicant may respond to the stated refusal by submitting evidence and arguments against the refusal. 

 

If applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.

 

IDENTIFICATION OF GOODS

 

Some of the wording in the identification of goods is indefinite and must be clarified because the wording fails to identify specific goods and could include goods in more than one class.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  More specifically, in Class 3, applicant must identify each and every single bath additive by its common generic name, e.g., cosmetic bath salts (medicated bath salts are in Class 5), bath melts, bath herbs, bubble bath, foam bath, bath bombs, bath gel, bath beads, bath flakes, bath crystals; non-medicated lip care preparations, non-medicated lip conditioners, liquid soaps, namely, non-medicated bath soaps, non-medicated liquid soaps, liquid soaps for laundry (medicated liquid soaps, disinfectant and anti-bacterial liquid soaps are in Class 5); non-medicated skin care preparations (medicated skin care preparations are in Class 5).

 

In Class 5 the wording “Hemp or cannabidiol related products, namely oils, salves, concentrated pastes, tinctures, tablets and capsules, each containing cannabidiol or derivatives thereof; oils, salves, concentrated pastes, tinctures, tablets and capsules each containing resins and oils derived from hemp” is unacceptable because with regard to the oils, salves, concentrated pastes, applicant must indicate that they are medicated or medicinal in use and in some cases, identify the part or parts of the body the product is used on, e.g., medicinal oils, medicated skin salves, concentrated medicated pastes for use on the scalp, skin, hair, teeth and gums.  As for the tinctures, tablets and capsules, applicant must indicate more specifically the general conditions treated with these items, e.g., for use in treating the flu, chronic pain, seizures, insomnia, dietary disorders.

 

The wording “topical skin creams, bar and liquid soaps, bath additives, bath herbs, bath oils, body creams, body oils, face and body lotions, face and body milk, face lotion, and skin care preparations each containing derivatives of hemp for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid” must be further specified that they are all medicinal or medicated in nature to be properly classified in Class 5. 

 

In Class 29 the wording “oils” and “resins” for use as “comestibles” is too broad to accept because it could include goods in more than one class.  Applicant must further indicate the precise nature of the comestibles by common name, e.g., namely, oils derived from hemp for cooking, edible oils and fats, processed oils for food.  If the oils are in the nature of essential oils for use in food flavoring, the proper class is Class 3.  The term “resins” in Class 29 is unacceptable as raw natural resins are classified in Class 2 even if they are for use in the manufacture of foods and beverages.  Applicant must further specify the nature of these items and classify them accordingly.

 

In Class 30, the wording “food energy bars” is indefinite.  Energy bars must be further specified as to the primary composition, e.g., chocolate, cereal or granola based energy bars in Class 30 while fruit based, nut and seed based energy food bars are in Class 29.  Applicant must further parse the composition of the bars and classify them accordingly.

 

In Class 31 the identification of “hemp seeds” is too broad.  If the seeds are for planting or are unprocessed oil seeds, or are for an agricultural use, the proper class is Class 31.  If the seeds are processed for consumption as food, then the proper class is Class 29.

 

In Class 34, the wording “dried hemp; derivatives of hemp, namely, resins and oils not for medical use; and cannabidiol and hemp for recreational use” is unacceptable because it does not clearly indicate the precise nature of the goods or their purpose.  Class 34 covers only goods for smoking or vaping.  Applicant must clarify more precisely the nature of these goods, e.g., dried hemp for smoking, derivatives of hemp, namely, processed resins and oils in the nature of liquids for use in electronic cigarettes and oral smokeless vaporizers, e-liquids comprised of cannabidiol derived from hemp for use in electronic cigarettes and oral smokeless vaporizers for recreational use.

 

Applicant may substitute the following wording, if accurate:  “(Note that proposed changes have been placed in bold type.  Some items require applicant to include more complete information.  These have been designated with brackets {  } and bold italics.  The information in the brackets is suggested as an example for applicant to follow and should not be merely “cut and pasted.”):  

 

CLASS 2 – Raw natural resin derived from hemp;

 

CLASS 3 – Bath additives, namely, {specify each and every single item in this class e.g., cosmetic bath salts bath melts, bath herbs, bubble bath, foam bath, bath bombs, bath gel, bath beads, bath flakes, bath crystals}; non-medicated lip care preparations, non-medicated lip conditioners, liquid soaps, namely, {specify the goods in this class e.g., non-medicated bath soaps, non-medicated liquid soaps, liquid soaps for laundry}; non-medicated skin care preparations; bath oils; bath oils for cosmetic purposes; beauty care cosmetics; beauty creams for body care; beauty gels; beauty lotions; body and beauty care cosmetics; body creams; cosmetic body oils; cosmetic creams; cosmetic oils; cosmetics and make-up; face and body lotions; face and body milk; face lotion; hair care preparations; hair styling preparations; hand cream; hand lotions; non-medicated lip care preparations; non-medicated lip conditioners; lip glosses; massage creams; massage oils; non-medicated bubble bath preparations; non-medicated preparations for the care of hair; non-medicated preparations for the care of skin; non-medicated preparations for the care of the scalp; oils for toiletry purposes; skin creams; skin emollients; skin lotions; skin soap; non-medicated soaps for body care; non-medicated soaps for personal use, namely, {specify the type of soap in this class e.g., cream soaps, bath soaps, bar soaps, paper soaps}; each of the foregoing containing hemp-based ingredients, cannabidiol or derivatives thereof;

 

CLASS 5 – Medicated bath salts; medicated liquid soaps; disinfectant and anti-bacterial liquid soaps; medicated skin care preparations; Hemp or cannabidiol related products, namely medicinal oils and salves; concentrated medicated pastes for {specify the use e.g., the teeth and gums, for the hair and scalp, for use on skin rashes}; tinctures, tablets and capsules, each containing cannabidiol or derivatives thereof for treatment of {specify the general conditions treated, e.g., chronic pain, joint pain, seizures, insomnia, nausea, dietary disorders, anxiety}; medicated oils, salves, and concentrated pastes for {specify the general conditions treated, e.g., chronic pain, joint pain, seizures, insomnia, nausea, dietary disorders, anxiety}; tinctures, tablets and capsules each containing resins and oils derived from hemp for treatment of {specify the general conditions treated, e.g., chronic pain, joint pain, seizures, insomnia, nausea, dietary disorders, anxiety}; nutraceuticals for medicinal purposes for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid and for management of opioid addiction and relief of epilepsy; nutraceuticals for medicinal purposes containing cannabidiol or derivatives thereof for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid and for management of opioid addiction and relief of epilepsy; nutraceuticals for medicinal purposes containing derivatives of hemp, namely, resins and oils for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid and for management of opioid addiction and relief of epilepsy; medicated topical skin creams, medicated bar and liquid soaps; medicated bath additives, namely, {specify the goods in this class e.g., bath herbs, bath oils, bath salts}; medicated body creams, medicated body oils, medicated face and body lotions, medicated face and body milk, medicated face lotion, and medicated skin care preparations each of the foregoing containing derivatives of hemp for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid; personal sexual lubricants; transdermal patches containing cannabidiol or derivatives thereof for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid and for management of opioid addiction and relief of epilepsy; oral sprays containing cannabidiol for medicinal use for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid and for management of opioid addiction and relief of epilepsy; hemp, cannabidiol or derivatives thereof for medicinal use; hemp and cannabidiol related products, namely, oils for medicinal use for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid and for management of opioid addiction and relief of epilepsy; oils derived from hemp for medicinal use for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid and for management of opioid addiction and relief of epilepsy;

 

CLASS 29 – Oils derived from hemp for use as comestibles, namely, {specify the goods in this class e.g., edible oil for cooking, edible oils and fats, processed oils for food}; hemp and cannabidiol related products, namely, oils for use as comestibles, namely, {specify the goods in this class e.g., edible oil for cooking, edible oils and fats, processed oils for food}; oils derived from hemp and comprised of cannabidiol for use as comestibles, namely, {specify the goods in this class e.g., edible oil for cooking, edible oils and fats, processed oils for food}; food products containing hemp, cannabidiol, resins and cannabidiol oils, namely butter; fruit based energy food bars; seed and nut-based energy food bars; processed edible hemp seeds;

 

CLASS 30 – Food products containing hemp, cannabidiol or derivatives thereof, namely, chocolates, cookies, brownies, candy and {specify e.g., granola-based, cereal based} food energy bars; tea, namely teas containing hemp, cannabidiol or derivatives thereof;

 

CLASS 31 – Live hemp plants; hemp seeds for planting and agricultural use;

 

CLASS 34 – Smokers' articles, namely, grinders for use with hemp, dried hemp for smoking; derivatives of hemp, namely, processed resins and oils in the nature of liquids for use in electronic cigarettes and oral smokeless vaporizers; e-liquids comprised of cannabidiol derived from hemp for use in electronic cigarettes and oral smokeless vaporizers for recreational use; smokers' articles, namely, smoking pipes, pouches for use with hemp, lighters for smokers, oral vaporizers for smokers.

 

Class 32 is acceptable as currently drafted in the application and needs no further amendment.

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services 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 and/or services may not later be reinserted.  See 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.

 

 

 

 

 

MULTI-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 EIGHT classes; however, applicant submitted a fee(s) sufficient for only SEVEN 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.

 

REQUEST FOR INFORMATION – RULE 2.61(B)

To permit proper examination of the application, applicant must submit additional information about the goods and/or services.  37 C.F.R. §§2.61(b), 2.69; Cf. Star Fruits S.N.C. v. United States, 393 F.3d 1277, 1284, 73 USPQ2d 1409, 1414 (Fed. Cir. 2005) (discussing Patent Rule 1.105(a)(1), which is the equivalent of Trademark Rule 2.61(b)); TMEP §§814, 907.  The requested information should include fact sheets, brochures, advertisements, and/or similar materials relating to the goods and/or services.  If such materials are not available, applicant must provide a detailed factual description of the goods and/or services.  Any information submitted in response to this requirement must clearly and accurately indicate the nature of the goods and/or services identified in the application. 

In addition, applicant must submit a written statement indicating whether the goods/services identified in the application comply with the Food, Drug and Cosmetic Act (FDCA). 21 U.S.C. §331(ll); see also 21 U.S.C. §321(ff) (indicating that a dietary supplement is deemed to be a food within the meaning of the Federal Food, Drug and Cosmetic Act).   See 37 C.F.R. §2.69; TMEP §907.  In addition, applicant must submit a written statement indicating whether the goods  identified in the application comply with the Controlled Substances Act (CSA), 21 U.S.C. §§801-971. See 37 C.F.R. §2.69; TMEP §907. The CSA prohibits, among other things, manufacturing, distributing, dispensing, or possessing certain controlled substances, including marijuana and marijuana-based preparations. 21 U.S.C. §§812, 841(a)(1), 844(a); see also 21 U.S.C. §802(16) (defining “[marijuana]”). Finally, applicant must provide written responses to the following questions:

1. Do or will all of the goods identified in the application include cannabidiol (CBD) as a component or ingredient?
2. If not all of the goods listed in the application will contain CBD, specify the goods which will not have and CBD as a component;
3. Do or will all of the goods listed in Classes 3, 5, 29, 30, 32 or 34 of the application be derived from Cannabis sativa L with a delta-9 tetrahydrocannabinol (THC) content of no more than 0.3 percent on a dry weight basis?
4. If the answer to Question 3 is “No,” identify the goods which will have THC content of more than 0.3 percent on a dry weight basis.
5. Do or will applicant’s identified goods in Classes 5, 29, 30 or 32 which include CBD be have CBD derived from, oils, extracts or ingredients from plants other than Cannabis sativa L;
6. Is applicant currently seeking FDA approval of the marketing of any of its goods identified in Class 5 of the application?
7. If the answer to Question 6 is “yes,” please provide a copy of such application.
8. Has the wording “Quadra” ever been used or will be used as a varietal or cultivar name for any plant;
9. Has the wording “Quadra” ever been used or will be used in connection with a plant patent, utility patent or certificate for plant variety protection for any plant.

Failure to satisfactorily respond to a requirement for information is a ground for refusing registration. See In re Harley, 119 USPQ2d 1755, 1758 (TTAB 2016) (affirming refusal of registration because applicant’s appeal brief failed to address the relevant refusals, including a refusal based on noncompliance with a requirement for information); In re AOP LLC, 107 USPQ2d 1644, 1651 (TTAB 2013) (“Failure to comply with a request for information is grounds for refusal,” where applicant provided equivocal responses to examining attorney’s questions and did not address this issue in its brief).  Applicant’s failure to respond to an information requirement may result in an adverse evidentiary inference being drawn regarding applicant’s goods. Id. at 1651; In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); TMEP §814. 

Please note that merely stating that information about the goods and services is available on applicant’s website is an inappropriate response to the above requirement and is insufficient to make the relevant information properly of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).

Applicant is advised that, upon consideration of the information provided by applicant in response to the above requirement, registration of the applied-for mark may be refused on the ground that the mark, as used/intended to be used in connection with the identified goods, is not lawful use in commerce because some or all of the goods are not in compliance with the federal Controlled Substances Act. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127.  Use of a mark in commerce must be lawful use to be the basis for federal registration of the mark.   Gray v. Daffy Dan’s Bargaintown, 823 F.2d 522, 526, 3 USPQ2d 1306, 1308 (Fed. Cir. 1987); see 15 U.S.C. §§1051, 1127; 37 C.F.R. §2.69; In re Midwest Tennis & Track Co., 29 USPQ2d 1386, 1386 n.2 (TTAB 1993); In re Stellar Int’l, Inc., 159 USPQ 48, 50-51 (TTAB 1968); TMEP §907.

 

 

 

 

ATTORNEY BAR INFORMATIN REQUIRED

 

Applicant’s attorney must provide the following bar information:  (1) his or her bar membership number, if the bar provides one; (2) the name of the U.S. state, commonwealth, or territory of his or her bar membership; and (3) the year of his or her admission to the bar.  37 C.F.R. §2.17(b)(3).  This information is required for all U.S.-licensed attorneys who are representing trademark applicants at the USPTO.  Id.  If the attorney’s bar does not issue bar membership numbers, applicant must state this for the record.  See id.

 

To provide bar information.  Applicant’s attorney should respond to this Office action by using the appropriate TEAS response form and provide his or her bar information in the “Attorney Information” page of the form, within the bar information section.  See 37 C.F.R. §2.17(b)(1)(ii).  Bar information provided in any other area of the form will be viewable by the public in USPTO records.

 

Attorney statement required.  Applicant’s attorney must provide the following statement:  “I am an attorney who is an active member in good standing of the bar of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).”  See 37 C.F.R. §2.17(b)(3).  This is required for all U.S.-licensed attorneys who are representing trademark applicants at the USPTO.  Id. 

 

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  

 

 

/Jeffrey J Look/

Jeffrey J Look

Trademark Examining Attorney

Law Office 108

Phone:  571-272-1652

Email:  jeffrey.look@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 October 17, 2019 for

U.S. Trademark Application Serial No. 88427067

 

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. 

 

 

/Jeffrey J Look/

Jeffrey J Look

Trademark Examining Attorney

Law Office 108

Phone:  571-272-1652

Email:  jeffrey.look@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 October 17, 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.”