Informal Application

United States Patent and Trademark Office (USPTO)

 

U.S. Application Serial No. 88459055   Mark:  TRACE
Correspondence Address:         ARTURO V BAUERMEISTER        SBGB LLC        33 CALLE RESOLUCION SUITE 202        SAN JUAN, PR 00920
Owner:  Trace International SRL
Reference/Docket No. N/A   Correspondence Email Address:         abauermeister@sbgblaw.com

 

 

NOTICE OF INCOMPLETE TRADEMARK APPLICATION

 

 

Issue date:  June 20, 2019

 

This trademark application does not meet the minimum requirements for receiving a filing date for the reason(s) stated below.  The serial number initially assigned to the application has been cancelled.  

 

Under 37 C.F.R. §2.21(a), the USPTO will grant a filing date to an application under §1 or §44 of the Trademark Act that is in English and contains all of the following:

 

(1) The name of the applicant;

(2) A name and address for correspondence;

(3) A clear drawing of the mark;

(4) A listing of the goods or services; and

(5) The filing fee for at least one class of goods or services.

 

In this case, the application does not contain a clear drawing of the mark because the image file you attached as the drawing to the Mark field in the application appears to include a representation of how the mark is or may be used.  Although this image may include the mark you want to register, it is not an acceptable drawing.  A drawing should only show the mark and should not include extraneous matter that is not part of the mark (e.g., the serial number, model number, and use information).  A specimen showing the mark does not satisfy the requirement for a drawing.  Trademark Manual of Examining Procedure (TMEP) §202.01.

 

Please note that the image or wording in the “Mark” field on a TEAS application will control for determining the nature and elements of the mark and whether it meets the requirements for a filing date.  TMEP §202.01.

 

The USPTO uses the drawing to print the mark sought to be registered on the eventual registration certificate.  A “drawing” is simply a depiction of the mark sought to be registered. 37 C.F.R. §2.52. 

 

There are two forms of drawings: “special form drawings” and “standard character drawings.”

 

Applicants who seek to register words, letters, numbers, or any combination thereof without claim to any particular font style, size, or color must submit a standard character drawing that shows the mark in black on a white background. An applicant may submit a standard character drawing if:

 

(1)  The application includes a statement that the mark is in standard characters and no claim is made to any particular font style, size, or color;

                          (2) The mark does not include a design element;

                          (3) All letters and words in the mark are depicted in Latin characters;

                          (4) All numerals in the mark are depicted in Roman or Arabic numerals; and

                          (5) The mark includes only common punctuation or diacritical marks.

 

If a mark is comprised, in whole or in part, of special characteristics such as elements of design or color, styles of lettering, or unusual forms of punctuation, it is a “special form drawing.”  If your mark is a special-form drawing, it should be attached as a .jpg in the “Mark Information” section of the application.

 

The TMEP contains information about drawing requirements and is available online at http://www.gov.uspto.report/.  Drawing requirements are discussed in Chapter 800, Section 807.

 

The serial number assigned to this application has been cancelled and the fee paid for the application will be refunded to you in due course.

 

You may file a new application containing the required element(s).  The United States Patent and Trademark Office recommends that new applications be filed using the Trademark Electronic Application System (TEAS), available over the Internet at http://www.gov.uspto.report/. 

 

Advisory:  The USPTO proposes to change federal trademark rules to require applicants and registrants to: (1) file submissions concerning applications and registrations online using the USPTO’s Trademark Electronic Application System (TEAS); and (2) provide and maintain an accurate email address for receiving correspondence from the USPTO.  See the Mandatory Electronic Filing Rules webpage, accessible at http://www.gov.uspto.report/trademark/laws-regulations/mandatory-electronic-filing for more information.