To: | nuun & company, Inc. (pctrademarks@perkinscoie.com) |
Subject: | U.S. Trademark Application Serial No. 88455350 - NUUN - 72613-4000 |
Sent: | November 23, 2019 04:44:38 PM |
Sent As: | ecom110@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88455350
Mark: NUUN
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Correspondence Address:
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Applicant: nuun & company, Inc.
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Reference/Docket No. 72613-4000
Correspondence Email Address: |
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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: November 23, 2019
The examining attorney has received and reviewed the applicant’s response to Office action dated November 8, 2019. Based upon the Applicant’s response, the Examining Attorney is issuing the following Non-Final Office Action.
May Not Amend from Section 1(b) to Section 1(a) Without Filing an Amendment to Allege Use – As to International Class 25 – New Issue
Applicant has requested to amend the application from an intent-to-use basis under Trademark Act Section 1(b) to a use in commerce basis under Section 1(a). However, applicant did not file and satisfy the legal requirements for an allegation of use (either an amendment to allege use or a statement of use). See 37 C.F.R. §2.35(b)(8); TMEP §806.03(e). Accordingly, the requested amendment is not accepted and the Section 1(b) basis remains the operative basis.
An applicant may amend an application from intent to use to use in commerce only by filing an allegation of use, which has various legal requirements including providing verified dates of first use of the mark, a verified statement that the mark is in use in commerce, a specimen showing actual use of the mark in commerce for each international class, and a fee. 37 C.F.R. §2.35(b)(8); TMEP §806.01(b); see 37 C.F.R. §§2.76, 2.88. In addition, certain time restrictions apply to filing allegations of use. See 37 C.F.R. §§2.76(a), 2.88(a); TMEP §§1104.03, 1109.04.
For more information about an allegation of use and requirements for filing either an amendment to allege use or statement of use, please go to the Intent-to-Use Applications webpage. Allegations of use may be filed online using the Trademark Electronic Application System (TEAS) “Statement of Use/Amendment to Allege Use for Intent-to-Use Application,” form number one (1), located under Intent to Use Forms.
Partial Abandonment – Advisory
If applicant should fail to respond to this Office action within the six month time limit, then the goods in International Class 25 will be deleted from the application.
The application will proceed forward for the goods in International Class 5, 21, 32 and the services in International Classes 35 and 41. 37 C.F.R. §2.65(a).
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.
/Jessica Ellinger Fathy/
Trademark Examining Attorney
Law Office 110
United States Patent and Trademark Office
(571) 272-6582
jessica.fathy@uspto.gov
RESPONSE GUIDANCE