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:  February 10, 2020

 

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.  

 

The Office has reassigned this application to the undersigned trademark examining attorney.

 

INTRODUCTION

 

This Office action is in response to applicant’s communication filed on December 9, 2019.  Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new requirement(s) and refusal(s):  Translation of Foreign Registration Required.  See TMEP §§706, 711.02. 

 

In a previous Office action(s) dated September 6, 2019, applicant was required to satisfy the following requirements:  foreign registration certificate required, disclaimer required and amend the identification of goods and/or services.

 

Based on applicant’s response, the trademark examining attorney notes that the following requirement(s) have been satisfied:  disclaimer provided, definite amended identification provided and foreign registration certificate provided – limited to Class 42.  See TMEP §713.02. 

 

The following is a SUMMARY OF ISSUES that applicant must address:

 

            • NEW ISSUE:  Translation of Foreign Registration Certificate Required

 

            • REQUIREMENT MAINTAINED & CONTINUED: Foreign Registration Certificate Required for Classes 9 and 16. Applicant’s response appears to associate the foreign registration certificate with Class 42 only.  According to applicant’s response, Classes 9 and 16 remain as Section 44(d) filing bases intent with to perfect Section 44(e). Thus, it is unclear if the foreign registration applies to Classes 9 and 16.

 

Applicant must respond to all issues raised in this Office action and the previous September 6, 2019 Office action, within six (6) months of the date of issuance of this Office action.  37 C.F.R. §2.62(a); see TMEP §711.02.  If applicant does not respond within this time limit, the application will be abandoned.  37 C.F.R. §2.65(a).

 

TRANSLATION OF FOREIGN REGISTRATION CERTIFICATE REQUIRED

 

The foreign registration shows the wording in a foreign language. The applicant must submit an English translation of the foreign registration.  37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b).  The translation should be signed by the translator.  TMEP §1004.01(b).

 

How to respond.  Click to file a response to this nonfinal Office action.

 

 

/Molly Segal/

Molly Segal

Trademark Examining Attorney

Law Office 105

(571) 272-6490

Molly.Segal@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 February 10, 2020 for

U.S. Trademark Application Serial No. 88468723

 

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. 

 

 

Segal, Molly

/Molly Segal/

Molly Segal

Trademark Examining Attorney

Law Office 105

(571) 272-6490

Molly.Segal@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 February 10, 2020, 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.”