Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

Issue date:  October 16, 2019

Notice of Incomplete Response – Response Not Signed by Applicant’s Attorney

Deadline for responding to this notice.  To avoid abandonment of the application, the USPTO must receive a properly signed response within either (1) thirty days from the issue date above, or (2) the time remaining in the six-month period for responding to the previous Office action, whichever is longer.  TMEP §712.03; see 37 C.F.R. §2.65(a)(2).  The response must be received by the USPTO no later than midnight Eastern Time of the last day of the response deadline. 

Response is not signed by a proper party and cannot be accepted.  Applicant filed a response on August 8, 2019 that was signed by applicant instead of applicant’s attorney.  If an applicant is represented by an attorney, the attorney must sign the response.  37 C.F.R. §2.193(e)(2)(i); TMEP §611.03(b).  The USPTO cannot accept a response signed by an improper party; therefore, the contents will not be reviewed.  See 37 C.F.R. §2.62(b); TMEP §718.03. 

Response options for this notice.  Applicant must either (1) submit a response signed by applicant’s attorney or (2) file a Revocation of Attorney signed by applicant and resubmit the entire response signed by applicant.  See 37 C.F.R. §§2.19(a), 2.62(b), 2.193(e)(2).  Click to respond to a previous nonfinal Office action. See below for information about who can sign a response. 

Who can sign the response.

Applicant has an attorney.  The attorney must sign the response.  37 C.F.R. §2.193(e)(2)(i); TMEP §712.01.  The only attorneys who may sign responses are (1) attorneys in good standing with a bar of the highest court of any U.S. state or territory, and (2) Canadian trademark attorneys or agents reciprocally recognized by the USPTO’s Office of Enrollment and Discipline (OED).  See 37 C.F.R. §§2.17(a), 11.14(a), (c), (e); TMEP §602.

Applicant does not have an attorney.  The response must be signed by (1) the individual applicant, (2) someone with legal authority to bind a juristic applicant (e.g., a corporate officer of a corporation, or a general partner of a partnership), or (3) all joint applicants.  See 37 C.F.R. §2.193(e)(2)(ii); TMEP §§611.06(a)-(h), 712.01. 

The USPTO must receive a properly signed response before the deadline or the USPTO will consider the application abandoned.  37 C.F.R. §2.65(a); TMEP §718.03.  In such case, applicant may file a new application with a new fee.  A petition to the Director to reverse the holding of abandonment may be granted in very limited circumstances as outlined in TMEP §1713.01.

/Raymond Lee/

Trademark Examining Attorney

Law Office 127

United States Patent & Trademark Office

Raymond.lee@uspto.gov

571-272-5980

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on October 16, 2019 for

U.S. Trademark Application Serial No. 88445966

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

(1)  Read the official letter.  No response is necessary.

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

/Raymond Lee/

Trademark Examining Attorney

Law Office 127

United States Patent & Trademark Office

Raymond.lee@uspto.gov

571-272-5980

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).

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.”