To: | Beijing LongChuangYueDong Network Techno ETC. (jgard@btlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88453912 - CALL OF MAGIC - 70949-299869 |
Sent: | December 31, 2019 02:28:28 PM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88453912
Mark: CALL OF MAGIC
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Correspondence Address:
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Applicant: Beijing LongChuangYueDong Network Techno ETC.
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Reference/Docket No. 70949-299869
Correspondence Email Address: |
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FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
This Office action is in response to applicant’s communication filed on November 26, 2019.
PREVIOUS ACTIONS: In a previous Office action dated August 29, 2019, applicant was required to satisfy the following requirements: appoint U.S. Licensed counsel, provide a proper declaration signature and pay an additional fee due to loss of TEAS Plus status.
Based on applicant’s response, the trademark examining attorney notes that the following requirements have been satisfied: requirements to appoint U.S.-Licensed counsel and provide a proper signature. See TMEP §§713.02, 714.04.
Further, although applicant made a payment towards the required fee, the payment is insufficient. Accordingly, the examining attorney maintains and now makes FINAL the refusal(s) and/or requirement(s) in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
ADDITIONAL FEE REQUIRED DUE TO LOSS OF TEAS PLUS STATUS
In the previous action, applicant was required to submit an additional processing fee of $125 per class because the application as filed did not meet the TEAS Plus application filing requirements. See 37 C.F.R. §§2.6(a)(1)(v), 2.22(a), (c); TMEP §§819.01 et seq., 819.04. Specifically, as previously set forth, applicant failed to meet the following application filing requirement: a properly signed and dated verified statement under 37 C.F.R. §2.33 was not provided.
In this case, the application has three classes. Thus, the processing fee of $125 is sufficient to cover only one class. Accordingly, applicant must submit $125 per class for the two remaining classes in the application.
As previously noted, the additional fee is required even though applicant has corrected this application requirement.
How to respond. Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Oreoluwa Alao/
Oreoluwa Alao
Examining Attorney
Law Office 108
(571) 270-7210
oreoluwa.alao@uspto.gov
RESPONSE GUIDANCE