Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

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:  September 04, 2019

 

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

SUMMARY OF ISSUES:

• SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
• PRIOR-FILED APPLICATION ADVISORY
• IDENTIFICATION OF GOODS AND SERVICES MUST BE AMENDED
• MULTICLASS APPLICATION ADVISORY

 

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 5592527, 4730206, 5356097, 4480902, 5233021, and 4566332.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registrations.

 

The applied-for mark is JUMPER identified for “COMPUTER SOFTWARE”.

 

U.S. Registration No. 5592527 SAFE JUMPER is identified for “Relays, electric; electromagnetic relays; electric overload relays; electric motor protection relays; pulse operated latching relays; security control apparatus for elevators, namely, electronic controller to manage the power, movement and functions of an elevator; electric lift control panels; current transformers; current rectifiers; voltage stabilizers; current circuit breakers; electric current sensors; apparatus and instruments for controlling electricity, namely, electricity conduits, electricity limiters, electricity distribution consoles; apparatus for diagnosing electrical power installations, namely, electricity meters, electric sensors, scanners; voltage surge protectors; fault current circuit breakers; current-meters; security software for access and security systems; electric safety relays; electric circuit closers; electromagnetic switches; electric, power magnetic switches; electronic motion sensitive switches; photoelectric sensors; electric sensor switches; electric sensors and motion detectors; electric sensors used in plant control; electric sensors for use in the control of engines”.

 

U.S. Registration No. 4730206 RECEIPTJUMPER is identified for, in part, “Computer database management software for use in analyzing, displaying, indexing, managing, organizing, searching, sharing, storing, synchronizing, and transmitting personal documents, namely, automobile sales and leasing documents, bank statements, coupons, credit card receipts, financial records, household bills, medical documents, real estate sales and leasing documents, receipts, and utility bills” in Class 9.

 

U.S. Registration No. 5356097 QJUMPERS is identified for, in part, “computer application software for mobile phones, tablet computers, personal digital assistants (PDA), namely, software for creating, storing, compiling, verifying data and generating reports for employment and recruitment purposes; Computer application software for mobile phones, tablet computers, personal digital assistants (PDA), namely, software for the purposes of recruiting staff and generating employment documents; downloadable software for entering, creating, storing, compiling, verifying data and generating reports for employment and recruitment purposes; downloadable software for capturing employment related information for the purposes of recruiting staff and generating employment documents; computer programs for entering, creating, storing, compiling, verifying data and generating reports for employment and recruitment purposes; computer programs for capturing employment related information for the purposes of recruiting staff and generating employment documents; computer programs for advertising the goods and services of others and to facilitate recruitment and employment services, namely, classified employment advertising services; computer software for advertising the goods and services of others and to facilitate recruitment and employment services, namely, classified employment advertising services; computer application software for advertising the goods and services of others and to facilitate recruitment and employment services, namely, classified employment advertising services; computer software for database management; downloadable electronic publications, namely, journals and written articles in the field of recruitment and employment; software for entering, creating, storing, compiling, verifying data and generating reports for employment and recruitment purposes; software for capturing employment related information for the purposes of recruiting staff and generating employment documents” in Class 9, and “design and development of computer software and digital content; development of computer application software; electronic data storage; providing temporary use of online non-downloadable software and applications for advertising and employment purposes accessible via computers, mobile phones, tablet computers, and personal digital assistants (PDA); providing temporary use of a web-based software application for entering, creating, storing, compiling, verifying data and generating reports for employment and recruitment purposes, capturing employment related information for the purposes of recruiting staff and generating employment documents, and advertising third party employment opportunities accessible via computers, mobile phones, tablet computers, and personal digital assistants (PDA); application service provider (ASP), namely, hosting, managing and maintaining software, web sites, blogs, and computer databases of others in the field of employment and recruitment; software as a service (SAAS) services, namely, hosting software for use by others for creating, storing, compiling, verifying data and generating reports for employment and recruitment purposes; software as a service (SAAS) services, namely, hosting software for use by others for capturing employment related information for the purposes of recruiting staff and generating employment documents; software as a service (SAAS) services, namely, hosting software for use by others for classified employment advertisement services; hosting the computer databases of others online; hosting the web sites of others; providing a web based online portal featuring technology information in the field of employment and recruitment; providing information, advisory and consultancy services in relation to all the aforesaid services, including online; hosting the web sites of others in the fields of career development, employment and recruitment; application service provider (ASP), namely, hosting computer software of others for purposes of entering, creating, storing, compiling, verifying data and generating reports for employment and recruitment; software as a service (SAAS) services, namely, hosting software for use by others for capturing employment related information for advertising, recruiting staff and generating employment documents; hosting the computer databases of others online for purposes of capturing employment related information for advertising, recruiting staff and generating employment documents” in Class 42.

 

U.S. Registration No. 4480902 COMIC JUMPER is identified for “Game software”.

 

U.S. Registration No. 5233021 THE AMAZING ART JUMPER is identified for “Computer game software for personal computers and home video game consoles; Interactive video game programs; Video game software”.

 

U.S. Registration No. 4566332 STICKMAN BASE JUMPER is identified for “Computer game software; computer software and computer applications software for mobile telephones and mobile devices, namely, software for playing games”.

 

Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be confused, mistaken, or deceived as to the commercial source of the goods and services of the parties.  See 15 U.S.C. §1052(d).  Likelihood of confusion is determined on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) (called the “du Pont factors”).  In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017).  Only those factors that are “relevant and of record” need be considered.  M2 Software, Inc. v. M2 Commc’ns, Inc., 450 F.3d 1378, 1382, 78 USPQ2d 1944, 1947 (Fed. Cir. 2006) (citing Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1241, 73 USPQ2d 1350, 1353 (Fed. Cir. 2004)); see In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1744 (TTAB 2018). 

 

Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis:  (1) the similarities between the compared marks and (2) the relatedness of the compared goods and services.  See In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); Federated Foods, Inc. v. Fort Howard Paper Co.,544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the marks.”); TMEP §1207.01.

 

Similarity of Marks

 

Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.  Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v).  “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.”  In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)); TMEP §1207.01(b).

 

The applied-for mark is JUMPER.

 

U.S. Registration No. 5592527 is SAFE JUMPER.

 

U.S. Registration No. 4730206 is RECEIPTJUMPER.

 

U.S. Registration No. 5356097 is QJUMPERS.

 

U.S. Registration No. 4480902 is COMIC JUMPER.

 

U.S. Registration No. 5233021 is THE AMAZING ART JUMPER.

 

U.S. Registration No. 4566332 is STICKMAN BASE JUMPER.

 

Although applicant’s mark does not contain the entirety of the registered marks, applicant’s mark is likely to appear to prospective purchasers as a shortened form of registrants’ marks.  See In re Mighty Leaf Tea, 601 F.3d 1342, 1348, 94 USPQ2d 1257, 1260 (Fed. Cir. 2010) (quoting United States Shoe Corp., 229 USPQ 707, 709 (TTAB 1985)).  Thus, merely omitting some of the wording from a registered mark may not overcome a likelihood of confusion.  See In re Mighty Leaf Tea, 601 F.3d 1342, 94 USPQ2d 1257; In re Optica Int’l, 196 USPQ 775, 778 (TTAB 1977); TMEP §1207.01(b)(ii)-(iii). Here, each registered mark contains the wording JUMPER, and applicant merely deletes the non-identical wording in each mark. In this case, applicant’s mark does not create a distinct commercial impression from the registered mark because it contains some of the wording in the registered mark and does not add any wording that would distinguish it from that mark.

 

As to U.S. Registration No. 5356097, QJUMPERS, an applied-for mark that is the singular or plural form of a registered mark is essentially identical in sound, appearance, meaning, and commercial impression, and thus the marks are confusingly similar.  Swiss Grill Ltd., v. Wolf Steel Ltd., 115 USPQ2d 2001, 2011 n.17 (TTAB 2015) (holding “it is obvious that the virtually identical marks [the singular and plural of SWISS GRILL] are confusingly similar”); Weider Publ’ns, LLC v. D & D Beauty Care Co., 109 USPQ2d 1347, 1355 (TTAB 2014) (finding the singular and plural forms of SHAPE to be essentially the same mark) (citing Wilson v. Delaunay, 245 F.2d 877, 878, 114 USPQ 339, 341 (C.C.P.A. 1957) (finding no material difference between the singular and plural forms of ZOMBIE such that the marks were considered the same mark). Therefore, the additional S on the end of the QJUMPERS mark, which makes it appear as a plural, does not distinguish it from the applied-for mark.

 

For the above reasons, the marks are substantially similar.

 

Relatedness of Services

 

The goods and services are compared to determine whether they are similar, commercially related, or travel in the same trade channels.  See Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369-71, 101 USPQ2d 1713, 1722-23 (Fed. Cir. 2012); Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1165, 64 USPQ2d 1375, 1381 (Fed. Cir. 2002); TMEP §§1207.01, 1207.01(a)(vi).

 

The applied-for mark is identified for “COMPUTER SOFTWARE”.

 

U.S. Registration No. 5592527 is identified for, in relevant part, “security software for access and security systems”.

 

U.S. Registration No. 4730206 is identified for, in relevant part, “Computer database management software for use in analyzing, displaying, indexing, managing, organizing, searching, sharing, storing, synchronizing, and transmitting personal documents, namely, automobile sales and leasing documents, bank statements, coupons, credit card receipts, financial records, household bills, medical documents, real estate sales and leasing documents, receipts, and utility bills”.

 

U.S. Registration No. 5356097 is identified for, in relevant part, “computer application software for mobile phones, tablet computers, personal digital assistants (PDA), namely, software for creating, storing, compiling, verifying data and generating reports for employment and recruitment purposes; Computer application software for mobile phones, tablet computers, personal digital assistants (PDA), namely, software for the purposes of recruiting staff and generating employment documents; downloadable software for entering, creating, storing, compiling, verifying data and generating reports for employment and recruitment purposes; downloadable software for capturing employment related information for the purposes of recruiting staff and generating employment documents; computer programs for entering, creating, storing, compiling, verifying data and generating reports for employment and recruitment purposes; computer programs for capturing employment related information for the purposes of recruiting staff and generating employment documents; computer programs for advertising the goods and services of others and to facilitate recruitment and employment services, namely, classified employment advertising services; computer software for advertising the goods and services of others and to facilitate recruitment and employment services, namely, classified employment advertising services; computer application software for advertising the goods and services of others and to facilitate recruitment and employment services, namely, classified employment advertising services; computer software for database management; downloadable electronic publications, namely, journals and written articles in the field of recruitment and employment; software for entering, creating, storing, compiling, verifying data and generating reports for employment and recruitment purposes; software for capturing employment related information for the purposes of recruiting staff and generating employment documents” in Class 9, and “design and development of computer software and digital content; development of computer application software; electronic data storage; providing temporary use of online non-downloadable software and applications for advertising and employment purposes accessible via computers, mobile phones, tablet computers, and personal digital assistants (PDA); providing temporary use of a web-based software application for entering, creating, storing, compiling, verifying data and generating reports for employment and recruitment purposes, capturing employment related information for the purposes of recruiting staff and generating employment documents, and advertising third party employment opportunities accessible via computers, mobile phones, tablet computers, and personal digital assistants (PDA); application service provider (ASP), namely, hosting, managing and maintaining software, web sites, blogs, and computer databases of others in the field of employment and recruitment; software as a service (SAAS) services, namely, hosting software for use by others for creating, storing, compiling, verifying data and generating reports for employment and recruitment purposes; software as a service (SAAS) services, namely, hosting software for use by others for capturing employment related information for the purposes of recruiting staff and generating employment documents; software as a service (SAAS) services, namely, hosting software for use by others for classified employment advertisement services; …application service provider (ASP), namely, hosting computer software of others for purposes of entering, creating, storing, compiling, verifying data and generating reports for employment and recruitment; software as a service (SAAS) services, namely, hosting software for use by others for capturing employment related information for advertising, recruiting staff and generating employment documents” in Class 42.

 

U.S. Registration No. 4480902 is identified for “Game software”.

 

U.S. Registration No. 5233021 is identified for “Computer game software for personal computers and home video game consoles; Interactive video game programs; Video game software”.

 

U.S. Registration No. 4566332 is identified for “Computer game software; computer software and computer applications software for mobile telephones and mobile devices, namely, software for playing games”.

 

Determining likelihood of confusion is based on the description of the goods and services stated in the application and registrations at issue, not on extrinsic evidence of actual use.  See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).  

 

In this case, the application uses broad wording to describe “COMPUTER SOFTWARE”, which presumably encompasses all goods and services of the type described, including registrants’ more narrow goods and services as listed above.  See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015).  Thus, applicant’s and registrants’ goods and services are legally identical.  See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v.Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).

 

Additionally, the goods and services of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers.”  In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)).  Thus, applicant’s and registrants’ goods and services are related.

 

Conclusion

 

For the above reasons, registration is refused under Section 2(d) of the Trademark Act.

 

PRIOR-FILED APPLICATION ADVISORY

 

The filing date of pending U.S. Application Serial No. 88235273 precedes applicant’s filing date.  See attached referenced application.  If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks.  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced application.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

 

Although applicant’s mark has been refused registration, applicant may respond to the refusals by submitting evidence and arguments in support of registration.  However, if applicant responds to the refusals, applicant must also respond to the requirement set forth below.

 

IDENTIFICATION OF GOODS AND SERVICES MUST BE AMENDED

 

The identification for software in International Class 9 is indefinite and too broad and must be clarified because the wording does not make clear the (1) nature or (2) format of the software and could identify goods and/or services in three international classes – as a product in International Class 9 or a service in International Class 41 or 42.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.03(d), 1402.11(a).  Specifically, applicant must indicate the purpose or function of the software, and if content- or field-specific, the content or field of use of the software.  TMEP §1402.03(d).  Additionally, applicant must indicate whether the software’s format is downloadable, recorded, or online non-downloadable.  See id.  Downloadable and recorded goods are in International Class 9, whereas providing their temporary, online non-downloadable use is a service in International Class 42; except for non-downloadable game software provided online or for temporary use, which is classified in International Class 41.  See TMEP §§1402.03(d), 1402.11(a)(xii).

 

The USPTO requires such specificity in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks.  See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d). 

 

The following are examples of acceptable identifications in International Class 9:  “recorded desktop publishing software” and “downloadable mobile applications for managing bank accounts.”  Additionally, the following are acceptable identifications in International Class 41:  “providing online non-downloadable game software” and “providing temporary use of non-downloadable game software.”  Finally, the following are acceptable identifications in International Class 42:  “providing temporary use of on-line non-downloadable software development tools” and “providing temporary use of non-downloadable cloud-based software for calculating energy costs.”

 

Applicant may adopt the following wording, if accurate: 

 

Class 9: Downloadable computer software for {list functions, e.g., inventory management}

 

Class 42: Providing temporary use of non-downloadable cloud-based software for {list functions, e.g., inventory management}

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and/or services may not later be reinserted.  See TMEP §1402.07(e).

 

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual.  See TMEP §1402.04.

 

MULTICLASS APPLICATION ADVISORY

 

The application references goods and/or services based on use in commerce in more than one international class; therefore, applicant must satisfy all the requirements below for each international class:

 

(1)       List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).

 

(2)       Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule).  Specifically, the application identifies goods and/or services based on use in commerce that are classified in at least two (2) classes; however, applicant submitted a fee sufficient for only one (1) class.  Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.

 

(3)       Submit verified dates of first use of the mark anywhere and in commerce for each international class.  See more information about verified dates of use.

 

(4)       Submit a specimen for each international class.  The current specimen is not acceptable for any international class.  See more information about specimens.

 

            Examples of specimens for goods include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale.  Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods. 

 

            Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and website printouts that show the mark used in the actual sale, rendering, or advertising of the services. 

 

(5)       Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.”  See more information about verification.

 

See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).

 

See an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

INFORMATION REGARDING THIS APPLICATION

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  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 the refusal(s) and/or requirement(s) in 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.

 

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  

 

 

Michael Larkey

/Michael Larkey/

Trademark Examining Attorney

Law Office 116

(571) 270-5492

michael.larkey@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on September 04, 2019 for

U.S. Trademark Application Serial No. 88465879

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

Michael Larkey

/Michael Larkey/

Trademark Examining Attorney

Law Office 116

(571) 270-5492

michael.larkey@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from September 04, 2019, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond.

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”