| To: | Hikma Pharmaceuticals Public Limited Com ETC. (ip@brownrudnick.com) |
| Subject: | U.S. Trademark Application Serial No. 88452719 - BIG ENOUGH TO MATTER SMALL ENOUGH - 34570/3 |
| Sent: | August 23, 2019 04:13:29 PM |
| Sent As: | ecom101@uspto.gov |
| Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 Attachment - 29 Attachment - 30 Attachment - 31 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
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U.S. Application Serial No. 88452719
Mark: BIG ENOUGH TO MATTER SMALL ENOUGH
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Correspondence Address:
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Applicant: Hikma Pharmaceuticals Public Limited Com ETC.
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Reference/Docket No. 34570/3
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: August 23, 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.
Summary of Issues that Applicant Must Address:
1. Refusal – Section 2(d) Refusal to Register – Likelihood of Confusion:
THIS PARTIAL REFUSAL APPLIES ONLY TO INTERNATIONAL CLASSES 016, 041, 042 AND 044.
Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 5707813 and 5707814, owned by the same registrant. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the attached registrations.
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 goods and/or 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.
Comparison of the Marks:
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).
The applicant’s mark is BIG ENOUGH TO MATTER SMALL ENOUGH TO CARE. The mark in U.S. Registration Number 5707813 is RMU BIG ENOUGH TO MATTER SMALL ENOUGH TO CARE. The mark in U.S. Registration Number 5707814 is BIG ENOUGH TO MATTER SMALL ENOUGH TO CARE. The applicant’s mark is confusingly similar to the registrant’s marks because they all include the identical wording BIG ENOUGH TO MATTER SMALL ENOUGH TO CARE.
Accordingly, because the marks contain the identical wording BIG ENOUGH TO MATTER SMALL ENOUGH TO CARE, the marks are confusingly similar.
Comparison of the Goods/Services:
The applicant’s goods and services, for purposes of this refusal are, “Paper, cardboard, articles of paper or cardboard; printed matter; stationery; instructional and teaching materials; publications; packaging materials”, “Education services; training services; education and training services relating to pharmaceutical, medicinal or sanitary preparations or substances for human or veterinary use; publication services; publication services relating to pharmaceutical, medicinal or sanitary preparations or substances for human or veterinary use; organisation and arrangement of lectures, seminars and symposiums; publication of electronic books, magazines, journals and web blogs; advice, consultancy and information for all the aforesaid services”, “Scientific and technological services; scientific and technological research and development services; industrial analysis and research services; design and development of computer hardware and computer software; design and development of computer hardware and computer software to assist in in the determination and development of pharmaceuticals and medicines; science and technology services, including medical and pharmacological research services; engineering services; testing, authentication and quality control services; quality control of preparations and goods for medical, veterinary and nutritional purposes; chemical analysis and research; design and testing of new products; diagnostic testing and analysis; design and monitoring of clinical research and studies for the pharmaceutical and veterinary industries; virological research; biological and biochemical research; genetic testing and genetic fingerprinting; laboratory analysis and research; technical advisory services relating to healthcare; advice, consultancy and information for all the aforesaid services”, and “Medical services; veterinary services; hygienic and beauty care services for human beings or animals; human healthcare services; human healthcare services in the nature of medical services, dentistry, pharmaceutical services, opticians' services, mental health services; human hygiene and beauty care services; advice, consultancy and information for all the aforesaid services.”
The registrant’s services are, “Educational services, namely, teaching, training, tutoring and courses of instruction at the undergraduate and graduate level”.
The applicant’s goods and services are related to the registrant’s services because the applicant’s goods and services are written broadly enough to encompass the registrant’s services. Specifically, the applicant’s “education services” and “training services” are written broadly enough to encompass the registrant’s services.
In this case, the application use(s) broad wording to describe the education and training services, which presumably encompasses all goods and/or services of the type described, including registrant’s more narrow education and training services. See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015). Thus, applicant’s and registrant’s services in Class 041 are legally identical. See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v.Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).
Additionally, the goods and/or services of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers.” In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)). Thus, applicant’s and registrant’s goods and/or services are related.
Accordingly, because the marks all include the identical wording BIG ENOUGH TO MATTER SMALL ENOUGH TO CARE and the goods and services are overlapping and closely related, confusion as to source is likely and registration is refused under Section 2(d) of the Trademark Act.
2. Requirement – Identification of Goods / Recitation of Services:
A written application must specify the particular goods and/or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce. 15 U.S.C. §§1051(a)(2) and 1051(b)(2); 37 C.F.R. §2.32(a)(6). To "specify" means to name in an explicit manner. The identification should set forth common names, using terminology that is generally understood. The identification of goods and/or services must be specific, definite, clear, accurate, and concise. See In re Societe Generale des Eaux Minerales de Vittel S.A., 1 USPQ2d 1296 (TTAB 1986) , rev’d on other grounds, 824 F.2d 957, 3 USPQ2d 1450 (Fed. Cir. 1987); The Procter & Gamble Co. v. Economics Laboratory, Inc., 175 USPQ 505 (TTAB 1972), modified without opinion, 498 F.2d 1406, 181 USPQ 722 (C.C.P.A. 1974); In re Cardinal Laboratories, Inc., 149 USPQ 709 (TTAB 1966) ; California Spray-Chemical Corp. v. Osmose Wood Preserving Co. of America, Inc., 102 USPQ 321 (Comm’r Pats. 1954); Ex parte The A.C. Gilbert Co., 99 USPQ 344 (Comm’r Pats. 1953). TMEP §1402.01.
As to International Class 005:
The wording “chemical substances for use in human or veterinary medicine” in the identification of goods must be clarified because it is indefinite. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. Specifically, applicant must indicate the specific disease or condition to be prevented or treated or the health goal to be achieved. Please clarify the goods for the record.
The wording “dietetic substances for medical purposes” in the identification of goods must be clarified because it is indefinite. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. Please identify the dietetic substances by common commercial or generic name and classify appropriately.
As to International Class 010:
As to International Class 016:
If “publications” identifies print publications, applicant must indicate both the specific physical nature (e.g., pamphlets, brochures, newsletters, journals, or magazines) and the literary subject matter of the publications. TMEP §§1402.03(e), 1402.07(b). For example, “magazines in the field of medicine,” “books and pamphlets in the field of financial classification of companies and securities,” and “newsletters about television programs,” are acceptable in International Class 16. If the subject matter is not a significant aspect of the publications, the identification may specify the general character or type of publications; e.g., “general feature magazines” are acceptable in International Class 16. TMEP §1402.03(e).
If “publications” identifies electronic or online/Internet publications, applicant must specify (1) the common name of the type of publications, such as brochures, newsletters, or magazines; and (2) the subject matter of the publications. See id. If the subject matter is not a significant aspect of the publications, the identification may specify the general character or type of the publications (e.g., downloadable electronic publications in the nature of general feature magazines are acceptable in International Class 9). Id. Additionally, for electronic publications, applicant must clarify whether the electronic publications are downloadable or recorded on computer media, such as CDs or DVDs, in International Class 9; or are online non-downloadable publications in International Class 41. See TMEP §§1402.07(b), 1402.11(a)(x).
The following are examples of acceptable formats for identifications for electronic or online/Internet publications (additional information must be added in each identification below, as indicated in the curly brackets):
Downloadable electronic publications in the nature of {indicate specific nature of publications, e.g., newsletters, journals, books} in the field of {indicate subject matter} in International Class 9;
Electronic publications, namely, {indicate specific type of publication} featuring {indicate subject matter} recorded on computer media in International Class 9; or
Non-downloadable electronic publications in the nature of {indicate specific nature of publications} in the field of {indicate subject matter} in International Class 41.
Please clarify the wording “publications” for the record.
As to International Class 035:
The wording “advice, consultancy and information for all the aforesaid services” in the identification of services is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may state, “advice and consultancy related to the aforesaid services” if accurate. However, please note that for the service of providing information, applicant must identify the specific types of information that applicant’ provides. Therefore, applicant cannot state, “information related to the aforesaid services” as applicant has not identified the information with enough specificity for classification. Please clarify the services for the record and classify appropriately.
As to International Class 040:
The wording “Manufacture of pharmaceutical, medicinal, sanitary and veterinary preparations and substances; manufacture of chemical substances for use in human or veterinary medicine; manufacture of medical apparatus and instruments; manufacture of medical apparatus and instruments containing pharmaceutical, medicinal or sanitary preparations or substances; manufacture of medical apparatus and instruments containing substances for human or veterinary use” in the identification of services is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Specifically, the identification for “manufacturing” services in International Class 40 is indefinite and must be clarified to specify that the services are performed for the benefit of others. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.11. To be a registrable service, an activity must be performed primarily for the benefit of someone other than the applicant. See In re Reichhold Chems., Inc., 167 USPQ 376, 377 (TTAB 1970). The manufacturing of one’s own goods is not a registrable service rendered for the benefit of others. See TMEP §§1301.01(a)(ii), 1402.11.
Applicant must amend this word to specify that the manufacturing services are custom, for others, or contracted with another: “custom manufacturing of {indicate goods being manufactured};” “manufacture services for others in the field of {indicate goods being manufactured};” or “contract manufacturing of {indicate goods being manufactured}.” The goods being manufactured must be identified with specificity, e.g., doors, furniture, automobiles.
The wording “advice, consultancy and information for all the aforesaid services” in the identification of services is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may state, “advice and consultancy related to the aforesaid services” if accurate. However, please note that for the service of providing information, applicant must identify the specific types of information that applicant’ provides. Therefore, applicant cannot state, “information related to the aforesaid services” as applicant has not identified the information with enough specificity for classification. Please clarify the services for the record and classify appropriately.
As to International Class 041:
As to International Class 042:
The wording “science and technology services, including medical and pharmacological research services” in the identification of services is indefinite and must be clarified because it is overly broad and could include services classified in more than one International Class. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Please identify the services by common commercial or generic name and classify appropriately.
The wording “testing, authentication and quality control services” in the identification of services is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Please identify the services by common commercial or generic name and classify appropriately.
The wording “virological research” in the identification of services is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may state, “virological scientific research”, if accurate.
The wording “technical advisory services relating to healthcare” in the identification of services is indefinite and must be clarified because it is unclear what services the applicant is providing. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Please identify the services by common commercial or generic name and classify appropriately.
The wording “advice, consultancy and information for all the aforesaid services” in the identification of services is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may state, “advice and consultancy related to the aforesaid services” if accurate. However, please note that for the service of providing information, applicant must identify the specific types of information that applicant’ provides. Therefore, applicant cannot state, “information related to the aforesaid services” as applicant has not identified the information with enough specificity for classification. Please clarify the services for the record and classify appropriately.
As to International Class 044:
The wording “advice, consultancy and information for all the aforesaid services” in the identification of services is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may state, “advice and consultancy related to the aforesaid services” if accurate. However, please note that for the service of providing information, applicant must identify the specific types of information that applicant’ provides. Therefore, applicant cannot state, “information related to the aforesaid services” as applicant has not identified the information with enough specificity for classification. Please clarify the services for the record and classify appropriately.
Applicant may substitute the following wording, if accurate:
International Class 005:
Pharmaceutical, medicinal, veterinary preparations and substances, namely, pharmaceutical preparations for skin care; sanitary preparations and substances, namely, sanitary sterilizing preparations; chemical substances for use in human or veterinary medicine, namely, chemical preparations for the diagnosis of pregnancy; chemical reagents for medical purposes; substances used for medical and/or pharmaceutical purposes, namely, pharmaceutical preparations for the treatment of gout; dietetic substances for medical purposes, namely, dietetic foods adapted for medical purposes.
International Class 009:
Downloadable electronic publications in the nature of {indicate specific nature of publications, e.g., newsletters, journals, books} in the field of {indicate subject matter, e.g., medicine}.
International Class 010:
Medical apparatus and instruments, namely, apparatus for acne treatment; medical apparatus and instruments containing pharmaceutical, medicinal or sanitary preparations or substances, namely, medical apparatus for introducing pharmaceutical preparations into the human body; medical apparatus and instruments containing chemical substances for use in human medicine, namely, medical apparatus for introducing pharmaceutical preparations into the human body.
International Class 016:
Paper; cardboard; articles of paper or cardboard, namely, boxes of cardboard or paper; printed matter, namely, newspapers; stationery; printed instructional and teaching materials in the field of medicine; printed publications, namely,{indicate specific nature of publications, e.g., newsletters, journals, books} in the field of {indicate subject matter, e.g., medicine}; packaging materials made of recycled paper.
International Class 019:
Packaging materials made from minerals, namely, limestone.
International Class 035:
Advertising; business management; business administration; providing office functions; marketing and promotional services, namely, promoting and marketing the goods and services of others by distributing advertising material, coupons and discount offers via text messages; public relations services; product demonstrations and product display services namely, product merchandising for others in the nature of inventory display and shelf arrangement; organisation of trade shows and trade exhibitions for business purposes; distribution of advertising, marketing and promotional material; retail and wholesale store services featuring pharmaceutical, medicinal, sanitary and veterinary preparations and substances, chemical substances for use in human or veterinary medicine, medical apparatus and instruments; business consultancy and advisory services; business analysis, research and information services; advice and consultancy related to the aforesaid services.
International Class 040:
Custom manufacture of pharmaceutical, medicinal, sanitary and veterinary preparations and substances; Custom manufacture of chemical substances for use in human or veterinary medicine; Custom manufacture of medical apparatus and instruments; Custom manufacture of medical apparatus and instruments containing pharmaceutical, medicinal or sanitary preparations or substances; Custom manufacture of medical apparatus and instruments containing substances for human or veterinary use; advice and consultancy related to the aforesaid services.
International Class 041:
Education services, namely, providing classes in the field of pharmaceutical, medicinal or sanitary preparations or substances for human or veterinary use; training services, namely, training in the use and operation of medical imaging apparatus; education and training services, namely, providing classes in the field of pharmaceutical, medicinal or sanitary preparations or substances for human or veterinary use; publication services, namely, publication of textbooks; publication services, namely, publication of printed matter in the field of pharmaceutical, medicinal or sanitary preparations or substances for human or veterinary use; organisation and arrangement of lectures, seminars and symposiums for educational purposes; publication of electronic books, magazines, journals and web blogs; Non-downloadable electronic publications in the nature of {indicate specific nature of publications} in the field of {indicate subject matter, e.g., medicine}; advice and consultancy related to the aforesaid services.
International Class 042:
Scientific and technological services, namely, scientific research in the field of genetics and genetic engineering; scientific research and development services; technological research in the field of {indicate field or subject matter, e.g., computer hardware systems, renewable energy resources, etc.}; technological development services, namely, development of new technology for others in the field of {please indicate field, e.g., genomics, biotechnology, etc.}; industrial analysis, namely, analysis of industrial fluids; industrial research in the field of {indicate the field or goods that are the subject of the research); design and development of computer hardware and computer software; design and development of computer hardware and computer software to assist in in the determination and development of pharmaceuticals and medicines; science and technology services, namely, medical and pharmaceutical research services; engineering services; product safety testing, authentication in the field of {indicate field, works of art, stamps, etc.} and quality control for others; quality control of preparations and goods for medical, veterinary and nutritional purposes; chemical analysis and research; design and testing of new products for others; diagnostic testing and analysis, namely, remote diagnosis of medical diagnostic imaging, clinical and biomedical equipment for determining the need for repair; design and monitoring of clinical research and studies for the pharmaceutical and veterinary industries, namely, conducting clinical trials for others; virological scientific research; biological and biochemical research; genetic testing for scientific research purposes; genetic fingerprinting, namely, genetic mapping for scientific purposes; laboratory analysis in the field of {indicate specific field, e.g., bacteriology, chemistry, cosmetics, etc.}; laboratory research in the field of {indicate specific field, e.g., bacteriology, chemistry, cosmetics}; technical advisory services relating to healthcare, namely, {please identify the services by common commercial or generic name}; advice and consultancy related to the aforesaid services.
International Class 044:
Medical services; veterinary services; hygienic and beauty care services for human beings or animals; human healthcare services; human healthcare services in the nature of medical services, dentistry, pharmaceutical advice, opticians' services, mental health services; human hygiene and beauty care services; Genetic testing for medical purposes; advice and consultancy related to the aforesaid services.
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:
(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 ten classes; however, applicant submitted a fee(s) sufficient for only eight class(es). 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 Section 1(b) 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.
3. Requirement – Country of Citizenship:
4. Advisory – TEAS RF Applicants:
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.
5. Advisory – Assistance:
PLEASE NOTE: If applicant requires assistance navigating the online response form, applicant should contact the Trademark Assistance Center at 1-800-786-9199.
How to respond. Click to file a response to this nonfinal Office action
/Colleen Dombrow/
Trademark Attorney
Law Office 101
571-272-8262
colleen.dombrow@uspto.gov
RESPONSE GUIDANCE
