To: | TIMOTHY L MAY JR (boss4wd.ent@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88463420 - 4 - N/A |
Sent: | October 26, 2019 02:37:13 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. 88463420
Mark: 4
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Correspondence Address:
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Applicant: TIMOTHY L MAY JR
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Reference/Docket No. N/A
Correspondence Email Address: |
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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.
Issue date: October 26, 2019
The examining attorney has carefully reviewed the applicant’s response to the first Office action containing amendments in favor of registration. The amended description is acceptable and has been entered into the record. The submitted significance statement, concurrent use statement and stippling statement will not be printed. As to the other outstanding issue, the examining attorney has determined the following. Applicant must respond timely and completely to the issue below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Amended Color Claim Requirement Maintained
Although applicant submitted a color drawing and an amended description referencing colors in the mark, applicant did not provide an acceptable color claim. The submitted color claim included a description of where the color gray was located. Generic color names must be used to describe the colors in a color claim and description, e.g., red, yellow, blue. TMEP §807.07(a)(i)-(ii). The requirement of an acceptable color claim is maintained and made FINAL. 37 C.F.R. §2.52(b)(1); see TMEP §§807.07(a) et seq.
The following color claim is suggested, if accurate: “The colors black, gold, gray and white are claimed as a feature of the mark.” TMEP §807.07(a)(i).
This issue can be resolved by telephone or by leaving a message authorizing the changes suggested.
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 final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB)
Trademark Counsel
Because of the legal technicalities and strict deadlines of the trademark application process, applicant may wish to hire a private attorney who specializes in trademark matters to assist in the process. The assigned trademark examining attorney can provide only limited assistance explaining the content of an Office action and the application process. USPTO staff cannot provide legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06. See Hiring a U.S.-licensed trademark attorney for more information.
If applicant has questions regarding this Office action, please call or email the assigned trademark examining attorney. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
/Jason F. Turner/
Jason F. Turner
Examining Attorney
Law Office 108
(571) 272-9353
jason.turner@uspto.gov
RESPONSE GUIDANCE