UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.  A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.

 

 

ISSUE/MAILING DATE: 6/5/2019

 

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.

 

I.         SEARCH OF THE OFFICE RECORDS

 

No Prior Conflicting Marks

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

II.        INFORMALITIES

 

Although there is no conflict with any prior registered or pending marks, the applicant must respond to the following issue(s).

 

Application Refused—Applicant Improperly Identified the Goods and/or Services

The applicant has provided this Office with the following identification:

 

Downloadable electronic games for use with mobile telephones, handheld computers and tablet computers; Computer software for creating computer games and video games; Computer video games; Downloadable computer game; Downloadable electronic games; Downloadable video games; Applications for mobile phones, tablet computers and smart phones in the form of downloadable video games; Telephone games, namely, non-downloadable computer games for mobile telephones; Software for playing video, computer and on-line games; Software incorporating computer games; Computer software for video and audio games; Multimedia and interactive software for playing video games; Computer software for mobile phones for the purpose of playing video games; Audio visual games on computer hardware platforms; Software featuring music and motion picture sound tracks; Cinematographic films, in International Class 009; and

 

Entertainment services, namely, providing online video games; Entertainment services, namely, providing online and non downloadable video games; Computer and video game amusement services, namely, providing online and non-downloadable video games; Game services, namely, providing online and non-downloadable video games; Providing on-line computer games; Providing games offered online on a computer network; Providing games by mobile telephone communication; Providing games by and for use on cellular telephones; Providing computer and telecommunications technology training and information on on-line computer games and on-line entertainment; Publishing of entertainment, educational and instructional texts; Publication of magazines, newspapers and books about video games and fiction stories; On-line publications services, namely, on-line magazines featuring information, news and commentary in the field of video games; Production of films and television shows; Providing movie studio services; Providing rental services for films, videos and sound recordings; Recording services for cinema, television, DVD, compact discs; Entertainment services in the nature of an amusement park attraction, namely, a themed area; Providing amusement park and theme park services; Operating fairground rides and funfair services; Providing entertainment and amusement center services, namely, interactive play areas; Organization of live shows; Production of radio, film and television entertainment programs; Recording studio services for the creation of images, sounds and words; Recording services for sounds and images on magnetic data carriers; Production and distribution of motion pictures; Entertainment services, namely, continuing television programs and interactive television programs featuring comedy, drama, live-action, and animation; Broadcast of audio and video media over television and satellite; Presentation of live stage show performances; Presentation of live show performances by costumed characters; Presentation of live theatrical performances; Arranging of promotional contests; Arranging of video games contest; Organization of competitions relating to video games, education and entertainment; Organization of exhibitions in the field of entertainment; Organizing, conducting and operating video game competitions and tournaments; Organization of exhibitions for cultural and educational purposes, in International Class 041.

 

The current identification needs clarification because it could include services classified in other international classes. See TMEP §§1402.01, 1402.03.  Specifically, the identified promotional contests are properly classified in International Class 035, not International Class 041, the identified broadcast services are properly classified in International Class 038, not International Class 041.

 

In addition, the current identifications appear to encompass computer software programs or software applications.  Some of the language used to identify the computer software is indefinite because the Office cannot determine the type, kind or nature of the software nor the purpose and function of the program.  Computer software is considered a product properly classified in International Class 009 if it is (1) recorded on media (such as CDs) or (2) downloadable and thus can be transferred or copied from a remote computer system for use on a long-term basis.  TMEP §1402.03(d).  Providing on-line non-downloadable software however is considered to be a computer service properly classified in International Class 042, unless it is non-downloadable game software provided online or for temporary use, which is classified in International Class 041.  See TMEP §§1402.03(d), 1402.11(a)(xii).  Therefore, to ensure proper classification of the noted software, the applicant must indicate whether its software programs are considered goods that are prerecorded on media or downloadable via the internet, or whether it is providing a computer service featuring temporary use of non-downloadable software.

 

In addition, the applicant must also specify the purpose(s) or function(s) of the software program(s).  If the software is field-specific the applicant must also specify the field of use.  TMEP §1402.03(d).  Clarification of the purpose, function or field of use of the software is necessary to permit proper examination of the application and to enable the Office to make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks. See In re N.A.D. Inc., 57 USPQ2d 1872 (TTAB 2000); In re Linkvest S.A., 24 USPQ2d 1716 (TTAB 1992).

 

Accordingly, as more fully detailed below, the applicant must (1) add one or more International Class(es) to the application, and reclassify the goods therein, or (2) delete the goods from the application.  See 37 C.F.R. §§2.86, 6.1; TMEP §§1403 et seq.  If the applicant adds one or more International Classes to the application, the applicant must comply with the multiple-class requirements specified in this Office action.

 

Furthermore, the wording in the recitation of goods and services is unacceptable as indefinite and must be clarified. TMEP §1402.01.  Based on the applicant’s description, the examining attorney cannot determine the subject matter of the films, shows and movies, or the type, kind or nature of the publishing, funfair, entertainment, recording, broadcasting, production and information services.  The language the applicant used fails to adequately describe these products and services such that the average person would readily understand what the goods and services are.

 

The applicant must amend the recitation to specify the common, ordinary commercial name of the goods.  If there is no common commercial name for the products, the applicant must adequately describe the nature of the goods, using wording that would be generally understood by the average person.  See Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ 321, 322 (Comm’r Pats. 1954); Schenley Indus., Inc. v. Battistoni, 112 USPQ 485, 486 (Comm’r Pats. 1957); TMEP §1402.01.  In such a case, the applicant should describe the nature of the goods and their main purpose, as well as indicate the channel of trade, intended consumer and intended use(s). 

 

The bolded terms are additions intended to clarify the proposed identification language.  The applicant may amend the identification to substitute the following wording, if accurate:

 

Proposed identification for International Class 009:

 

Downloadable electronic game software for use with mobile telephones, handheld computers and tablet computers; downloadable computer software for use in creating computer games and video games; computer video games, namely, ____________ [applicant must identify the good using its common commercial name e.g. Video game cartridges and discs, Downloadable video and computer game programs, Recorded video game programs]; downloadable computer game software; downloadable electronic game software; downloadable video game software; applications for mobile phones, tablet computers and smart phones in the form of downloadable video games; telephone games, namely, recorded computer game software for mobile telephones; downloadable software for playing video, computer and online games; downloadable computer game software; computer software for video and audio games, namely, recorded or downloadable computer software _____________________ [applicant must specify the function of the program, and if content or field specific, the field of use of the software, e.g., for use in creating video games]; downloadable multimedia and interactive video game software; downloadable computer software for mobile phones for the purpose of playing video games, namely, ____________ [applicant must identify the good using its common commercial name e.g. downloadable computer software for mobile phones for identifying and authenticating authorized users who can access video game software of others, downloadable video game software]; audiovisual games on computer hardware platforms, namely, ____________ [applicant must identify the good using its common commercial name e.g. downloadable computer video game software]; downloadable video game software featuring music and motion pictures sound tracks; cinematographic films featuring ____________ [applicant must indicate the subject matter e.g. a comedy show, musical performances]; Downloadable or recorded software featuring pre-recorded music and motion picture sound tracks; Cinematographic films featuring ____________ [applicant must indicate the subject matter e.g. a comedy show, musical performances].

 

Proposed identification for International Class 035:

 

Arranging of promotional contests namely, ___________________ [applicant must describe and specify the nature of the service using its common commercial name e.g. Promoting the sale of goods and services of others by conducting promotional contests].

 

Proposed identification for International Class 038:

 

Broadcast of audio and video media over television and satellite, namely, ___________________ [applicant must describe and specify the nature of the service using its common commercial name e.g.  Broadcast of cable television programmes, Video broadcasting services via the Internet, Sound and picture transmission via satellite, Satellite television broadcasting, Broadcast of radio programmes via satellite, Video broadcasting and transmission services via the Internet, featuring films and movies].

 

Proposed identification for International Class 041:

 

Entertainment services, namely, providing online video games; entertainment services, namely, providing temporary use of online, non-downloadable video games; computer and video game amusement services, namely, providing temporary use of online, non-downloadable video games; game services, namely, providing temporary use of online, non-downloadable video games; providing online computer games, namely, ___________________ [applicant must describe and specify the nature of the service using its common commercial name e.g. Providing temporary use of online, non-downloadable video games]; Providing temporary use of non-downloadable games offered online on a computer network; Providing games by mobile telephone communication, namely, ___________________ [applicant must describe and specify the nature of the service using its common commercial name e.g. Providing temporary use of online, non-downloadable video games]; Providing games by and for use on cellular telephones, namely, ___________________ [applicant must describe and specify the nature of the service using its common commercial name e.g. Providing temporary use of online, non-downloadable video games]; providing computer and telecommunications technology training, information on online computer games and other online entertainment, namely, ___________________ [applicant must describe and specify the nature of the service using its common commercial name e.g. Providing training in the use and operation of computers, Computer education training services, Providing information on-line relating to computer games and computer enhancements for games, Provision of information relating to electronic computer games provided via the Internet, Providing information and articles in the field of film, filmmaking, and entertainment via a global computer network]; Publishing of entertainment, educational and instructional texts for others; Publication of magazines, newspapers and books about video games and fiction stories; On-line publication services, namely, ___________________ [applicant must describe and specify the nature of the service using its common commercial name e.g. Providing on-line, non-downloadable publications in the nature of magazines featuring information, news and commentary in the field of video games]; Production of films and television shows; Providing movie studio services; Providing rental services for films, videos and sound recordings, namely, ___________________ [applicant must describe and specify the nature of the service using its common commercial name e.g. Rental of film projection equipment, Rental of motion picture films, Rental of lighting apparatus for movie sets or film studios,    Rental of sound recordings, Rental of audiovisual equipment, Rental of professional sound equipment and parts]; Recording services for cinema, television, DVD, compact discs, namely, ___________________ [applicant must describe and specify the nature of the service using its common commercial name e.g. Video recording services, Video tape recording for others, Editing or recording of sounds and images]; Entertainment services in the nature of an amusement park attraction, namely, a themed area; Providing amusement park and theme park services; Operating fairground rides and funfair services, namely, ___________________ [applicant must describe and specify the nature of the service using its common commercial name e.g. Entertainment in the nature of an amusement park ride, Amusement arcades, Conducting cultural fairs not for commercial purposes]; Providing entertainment and amusement center services, namely, interactive play areas; Organization of live shows, namely, ___________________ [applicant must describe and specify the nature of the service using its common commercial name e.g. Presentation of live show performances, Theatrical and musical floor shows provided at performance venues]; Production of radio, film and television entertainment programs; Recording studio services for the creation of images, sounds and words; Recording services for sounds and images on magnetic data carriers, namely, ___________________ [applicant must describe and specify the nature of the service using its common commercial name e.g. Video recording services, Recording studio services, Audio and video recording services]; Production and distribution of motion picture films; Entertainment services, namely, a continuing television program and interactive television program featuring comedy, drama, live-action, and animation; Presentation of live stage show performances; Presentation of live show performances by costumed characters; Presentation of live theatrical performances; Arranging of video game contests; Organization of competitions relating to video games, education and entertainment, namely, ___________________ [applicant must describe and specify the nature of the service using its common commercial name e.g. Conducting spelling bee competitions, Conducting video game tournaments, Organizing chess tournaments]; Organization of exhibitions in the field of entertainment, namely, ___________________ [applicant must describe and specify the nature of the service using its common commercial name e.g. Organizing exhibitions in the field of __________ (applicant must indicate the particular field e.g. film, architecture) for cultural or educational purposes]; Organizing, conducting and operating video game competitions and tournaments; Organization of exhibitions for cultural and educational purposes.

 

PLEASE NOTE:  General Guidelines Regarding the Scope of Acceptable Identification Amendments

The applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  The applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).

 

The applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services establishes the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).  Therefore, the applicant may not subsequently amend the identification to include any product or service that is not within the scope of the goods and/or services originally set forth in the application or a previously accepted identification amendment thereto.

 

Online Identification Reference Provided by the USPTO

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.

 

Requirements for a Multiple-Class Application

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 four (4) international classes; however, applicant submitted a fee(s) sufficient for only two (2) international 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.

 

Applicant Filed Pursuant to Section 44(d)—Foreign Registration is Required to Perfect Applicant’s Indicated Intent to Rely on Section 44(e)

The application specifies Trademark Act Section 44(d) as the sole filing basis and indicates that applicant intends to rely on Section 44(e) as a basis for registration; however no copy of a foreign registration was provided.  See 15 U.S.C. §1126(d), (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, the 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, the 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 is not yet available, applicant should inform the trademark examining attorney that the foreign application is still pending and request that the U.S. application be suspended until a copy of the foreign registration is available.  TMEP §§716.02(b), 1003.04(a).

 

If applicant cannot satisfy the requirements of the Section 44(e) basis, applicant may amend the basis to Section 1(a) or 1(b), if applicant can satisfy the requirements for the new basis.  See 15 U.S.C. §§1051(a)-(b), 1126(e); TMEP §806.03.  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), 806.03(h).  

 

Applicant’s Response

There is no required format or form for responding to an Office action.  For this application to proceed further, the applicant must explicitly address each refusal and/or requirement raised in this Office action.  If the action includes a refusal, the applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register.  The applicant may also have other options specified in this Office action for responding to a refusal and should consider those options carefully.  To respond to requirements and certain refusal response options, the applicant should set forth in writing the required changes or statements.  For more information and general tips on responding to USPTO Office actions, response options, and how to file a response online, Please see “Responding to Office Actions” and the informational video “Response to Office Action” on the USPTO’s website.

 

If the 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)

 

Responses to Office actions must be properly signed.  See 37 C.F.R. §§2.62(b), 2.193(e)(2); TMEP §§712, 712.01.  If an applicant is not represented by an attorney, the response must be signed by the individual applicant or someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner).  See 37 C.F.R. §2.193(e)(2)(ii); TMEP §§611.03(b), 611.06(b)-(h), 712.01.  In the case of joint applicants, all must sign.  37 C.F.R. §2.193(e)(2)(ii); TMEP §611.06(a). 

 

If an applicant is represented by an attorney authorized to practice before the USPTO, the attorney must sign the response.  37 C.F.R. §2.193(e)(2)(i); TMEP §§611.03(b), 712.01.  The only attorneys who may sign responses and otherwise practice before the USPTO in trademark matters are (1) attorneys in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and U.S. commonwealths/territories; and (2) certain Canadian agents and/or attorneys.  See 37 C.F.R. §§2.17(e), 11.14(a), (c); TMEP §602.  If an applicant changes attorneys, the newly retained attorney may not sign responses until the applicant files a new power and/or revocation of attorney.  See 37 C.F.R. §2.18(a)(7); TMEP §604.03.

 

If an applicant is initially represented by an attorney, and then later retains another attorney from a different firm, the newly retained attorney may not sign responses until the applicant files a new power and/or revocation of attorney.  See 37 C.F.R. §2.18(a)(7); TMEP §604.03.

 

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.  If the applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/teas/eFilingTips.htm and email technical questions to TEAS@uspto.gov.

 

If the applicant or its appointed attorney has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

/Michael Tanner/

Michael Tanner

Trademark Attorney

Law Office 119

Telephone: 571-272-9706

Email: Michael.Tanner@uspto.gov

 

TO RESPOND TO THIS LETTER:  Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

 

All informal e-mail communications relevant to this application will be placed in the official application record.

 

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the response. 

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 6/5/2019 FOR U.S. APPLICATION SERIAL NO. 88427829

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 6/5/2019 (or sooner if specified in the Office action).  A response transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the response period.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.