To: | Fang Ming (shan.zhulaw@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88458103 - LATSKGN - SHA1904 - Request for Reconsideration Denied - No Appeal Filed |
Sent: | February 10, 2020 07:25:16 AM |
Sent As: | ecom115@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88458103
Mark: LATSKGN
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Correspondence Address: |
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Applicant: Fang Ming
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Reference/Docket No. SHA1904
Correspondence Email Address: |
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REQUEST FOR RECONSIDERATION
AFTER FINAL ACTION
DENIED
Issue date: February 10, 2020
Accordingly, the following requirements made final in the Office action dated November 18, 2019 are maintained and continued:
• Specimen – Mock-up – Final
• Specimen – Request for Information – Final
See TMEP §§715.03(a)(ii)(B), 715.04(a).
The substitute specimen submitted in the January 17, 2020 request for reconsideration is unacceptable as it continues to consist of a mock-up of the mark used in connection with the goods. The attached evidence shows that applicant’s substitute specimen consists of stock photography and appropriates a third party’s description of their goods as applicant’s own. As such, it appears that applicant’s specimen is a mock-up that was created solely for submission with this application. Therefore, the submitted substitute specimen cannot be accepted. In addition, in light of this evidence, the response to the request for information continues to be insufficient and unacceptable.
If applicant has already filed an appeal with the Trademark Trial and Appeal Board, the Board will be notified to resume the appeal. See TMEP §715.04(a).
If applicant has not filed an appeal and time remains in the six-month response period, applicant has the remainder of that time to (1) file another request for reconsideration that complies with and/or overcomes any outstanding final requirement(s) and/or refusal(s), and/or (2) file a notice of appeal to the Board. TMEP §715.03(a)(ii)(B). Filing a request for reconsideration does not stay or extend the time for filing an appeal. 37 C.F.R. §2.63(b)(3); see TMEP §715.03(c).
/Mariam Aziz Mahmoudi/
Trademark Examining Attorney
LO 115
United States Patent & Trademark Office
Tel. (571) 272-9733
mariam.mahmoudi@uspto.gov