To: | Cotts, Jason (curt@uslawpros.com) |
Subject: | U.S. Trademark Application Serial No. 88455624 - CYPHER - JCOTT-1TCL |
Sent: | March 23, 2020 02:24:15 PM |
Sent As: | ecom106@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88455624
Mark: CYPHER
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Correspondence Address: |
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Applicant: Cotts, Jason
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Reference/Docket No. JCOTT-1TCL
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: March 23, 2020
This letter responds to applicant’s communication filed on March 2, 2020.
The amended identification and classification of goods/services is acceptable.
Upon further review, the examining attorney has determined that the following consent statement must be submitted. The examining attorney apologizes for any inconvenience caused by not including this issue in the prior Office action.
To register a mark that consists of or comprises the name of a particular living individual, including a first name, pseudonym, stage name, or nickname, an applicant must provide a written consent personally signed by the named individual. 15 U.S.C. §1052(c); TMEP §§813, 1206.04(a).
Accordingly, if the name in the mark does not identify a particular living individual, applicant must submit a statement to that effect (e.g., “The name shown in the mark does not identify a particular living individual.”).
However, if the name in the mark does identify a particular living individual, applicant must submit both of the following:
(1) The following statement: “The name(s) shown in the mark identifies a living individual(s) whose consent(s) to register is made of record.” If the name is a pseudonym, stage name, or nickname, applicant must provide the following statement: “CYPHER identifies Jason Cotts, a living individual whose consent is of record.”
(2) A written consent, personally signed by the named individual(s), as follows: “I, Jason Cotts, consent to the use and registration of my name, CYPHER, as a trademark and/or service mark with the USPTO.”
For an overview of the requirements for names appearing in marks, and instructions on how to satisfy this requirement using the online Trademark Electronic Application System (TEAS) response form, see the Name/Portrait/Signature of Particular Living Individual in Mark webpage.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
Please see “How to respond” section above signature block. Please call or email the assigned trademark examining attorney with questions about this Office action. Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Leslie L. Richards/
U.S. Patent and Trademark Office
Trademark Examining Attorney, Law Office 106
571-272-1256
leslie.richards@uspto.gov
RESPONSE GUIDANCE