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 16, 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:

• Refusal – Sections 2(d) – Likelihood of Confusion
• Requirement – Clarify Entity Type
• Requirement – Amend Identification of Goods
• Multiple Class Requirement

 

REFUSAL – SECTION 2(d) – LIKELIHOOD OF CONFUSION

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration Nos. 3062291 and 4870767.  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 INTEGRA (in standard character form) for “Fasteners of plastic, other than for use in building materials; plastic clips, other than for use in building materials; retainers, other than for use in building materials; carpet retainers, door trim fasteners, trim component fasteners, inner fender fasteners, door trim pad fasteners, door trim panel fasteners, interior trim panel fasteners, exterior trim molding fasteners, all the aforesaid goods made of plastics or partially of plastics, none of the aforesaid goods for use in building materials; electrical connector plastic fasteners, other than for use in building materials; bus bars made partially of plastics, other than for use in building materials; push buttons made of plastic, other than for use in building materials; straps, tie straps, straps for attaching to a hole, straps for attaching to a stud, straps to secure a wire bundle, wire bundle clips, wire routing clips, tube routing clips, hose routing clips, routing clips, vibration damping routing clips, all the aforesaid goods made of plastics or partially of plastics, none of the aforesaid goods for use in building materials; bumper spacers made of plastics or partially of plastics, other than for use in building materials; collars of plastic for fastening pipes, other than for use in building materials; pins of plastic, other than for use in building materials; grommets, grommet fasteners, all the aforesaid goods made of plastics or partially of plastics, none of the aforesaid goods for use in building materials; fasteners of plastic for automotive assembly; plastic clips for automotive assembly; retainers made of plastics or partially of plastics for automotive parts; glove box door fasteners; electrical connector plastic fasteners for automotive assembly; bus bars made partially of plastics for automotive assembly; push buttons made of plastic for automotive assembly; straps for automotive assembly; collars of plastic for fastening pipes for automotive assembly; pins of plastic for automotive assembly; grommet fasteners for automotive assembly made of plastics or partially of plastics; fitting parts made of plastics or partially of plastics for automotive assembly; sealing plugs for automotive assembly; all the aforesaid goods excluding hanging supports for domestic curtains, especially curtain rods, curtain rails, curtain holders, holders for curtain rods, curtain ring, cable tension regulators for curtains; None of the aforesaid for use in relation to, or including, domestic window covers, domestic window covering products, domestic curtain rails, domestic curtain runners or domestic curtain fittings” in International Class 20. The goods are indefinite and misclassified – see requirement below.

 

The mark in Registration No. 30622991 is INTEGRA (in standard character form) for “Cordage, namely, nylon tie-down straps for use in securing cargo” in International Class 22.

 

The mark in Registration No. 4870767 is INTEGRA SSA (in standard character form) for “Pipe gaskets” in International Class 17

 

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/or 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/or 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.

 

Comparison of the Marks

 

In a likelihood of confusion determination, the marks in their entireties are compared for similarities in appearance, sound, connotation, and commercial impression.  In re i.am.symbolic, llc, 866 F.3d 1315, 1323, 123 USPQ2d 1744, 1748 (Fed. Cir. 2017); 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)); In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973); TMEP §1207.01(b)-(b)(v). 

 

In the present case, applicant’s mark is INTEGRA and registrant’s mark in Registration No. 3062991 is INTEGRA.  These marks are identical in appearance, sound, and meaning, “and have the potential to be used . . . in exactly the same manner.”  In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411 (TTAB 2015), aff’d, 866 F.3d 1315, 123 USPQ2d 1744 (Fed. Cir. 2017).  Additionally, because they are identical, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrant’s respective goods.  Id.

 

Therefore, the marks are confusingly similar. 

 

With respect to Registration No. 4870767, the applied-for and registered marks share the identical wording INTEGRA. Applicant has merely removed the letters SSA from the registered mark. Although applicant’s mark does not contain the entirety of the registered mark, applicant’s mark is likely to appear to prospective purchasers as a shortened form of registrant’s mark.  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).  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.

 

Based on the foregoing, the applicant’s applied-for and registrants’ marks are sufficiently similar to find a likelihood of confusion.

 

Comparison of the Goods

 

The compared goods need not be identical or even competitive to find a likelihood of confusion.  See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000); TMEP §1207.01(a)(i).  They need only be “related in some manner and/or if the circumstances surrounding their marketing are such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).

 

The attached Internet evidence, consisting of nylon tie-down straps for use in securing cargo, pipe gaskets, fasteners of plastic, plastic clips, push buttons, straps, tie straps, clips, grommets, fittings and parts, collars, etc. from wurthusa.com, mcmaster.com, securecableties.com, and allamericanfasteners.com, establishes that the same entity commonly manufactures the relevant goods and markets the goods under the same mark. The evidence also establishes that the relevant goods are sold or provided through the same trade channels and used by the same classes of consumers in the same fields of use.  Thus, applicant’s and registrants’ goods are considered related for likelihood of confusion purposes.  See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB 2009).

 

Based on the analysis above, applicant’s and registrant’s goods are related.

 

Because applicant’s and registrant’s marks are similar and the goods are related, there is a likelihood of confusion and applicant’s applied-for mark must be refused under Section 2(d) of the Lanham Act.

 

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

 

REQUIREMENT – CLARIFY ENTITY TYPE

 

Applicant’s business name includes the foreign business designation “GmbH”; however, applicant set forth “corporation” as the legal entity in the application.  This business designation is generally considered the equivalent of a “limited liability company.”  See TMEP app. D.  Therefore, applicant must clarify the entity type in the application.  See 37 C.F.R. §§2.32(a)(3), 2.61(b); TMEP §803.03(i).  Applicant may satisfy this requirement by amending the legal entity to one of those immediately listed above from Appendix D of the Trademark Manual of Examining Procedure (TMEP) for this business designation, as appropriate.  See TMEP §803.03(i). 

 

Alternatively, if applicant maintains that the legal entity in the application properly identifies applicant’s entity type, applicant must provide an explanation as to why the identified entity type is more similar to a “corporation” in this instance than to the legal entities listed in TMEP Appendix D.  See id.

 

If, in response to the above request, applicant provides information indicating that it is not the owner of the mark, registration will be refused because the application was void as filed.  See 37 C.F.R. §2.71(d); TMEP §§803.06, 1201.02(b).  An application must be filed by the party who owns or is entitled to use the mark as of the application filing date.  See 37 C.F.R. §2.71(d); TMEP §1201.02(b).

 

REQUIREMENT – AMEND IDENTIFICATION OF GOODS

 

The wording “Fasteners of plastic, other than for use in building materials; plastic clips, other than for use in building materials” in the identification of goods is indefinite and must be clarified because the wording does not specify the purpose of the goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “Fasteners of plastic, other than for use in building materials, namely, {indicate purpose, e.g., for holding bed sheets and linens in places, etc.}; plastic clips, other than for use in building materials, namely, {indicate purpose, e.g., for sealing bags, etc.}.”

 

Applicant must clarify the wording “retainers, other than for use in building materials” in the identification of goods in International Class 20 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “eyewear retainers” are in International Class 9 and “orthodontic retainers” are in International Class 10. 

 

Applicant may substitute the following wording, if accurate: “Non-metal fasteners, namely, retainers, other than for use in building materials.”

 

The wording “carpet retainers, door trim fasteners, trim component fasteners, inner fender fasteners, door trim pad fasteners, door trim panel fasteners, interior trim panel fasteners, exterior trim molding fasteners, all the aforesaid goods made of plastics or partially of plastics, none of the aforesaid goods” in the identification of goods is indefinite and must be clarified because the wording does not indicate the nature of the goods, i.e., carpet retainers nor the material composition of the goods, i.e., door trim fasteners, door trim pad fasteners, door trim panel fasteners nor the type of trim and fenders, i.e., trim component fasteners, inner fender fasteners, interior trim panel fasteners, exterior trim molding fasteners.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “carpet retainers in the nature of non-metal fasteners, non-metal door trim fasteners, {type of trims, e.g., drawer, door, window} trim component fasteners, inner fire fender fasteners, non-metal door trim pad fasteners, non-metal door trim panel fasteners, interior {type of trims, e.g., drawer, door, window} trim panel fasteners, exterior {type of trims, e.g., drawer, door, window} trim molding fasteners, all the aforesaid goods made of plastics and partially of plastics, none of the aforesaid goods.”

 

Applicant has classified “bus bars made partially of plastics, other than for use in building materials” and “bus bars made partially of plastics for automotive assembly” in International Class 20; however, the proper classification is International Class 9.  Therefore, applicant may respond by (1) adding International Class 9 to the application and reclassifying these goods in the proper international class, (2) deleting “bus bars made partially of plastics, other than for use in building materials” from the application, or (3) deleting the remainder of the items in the identification and reclassifying the specified goods in the proper international class.  See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq.  If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in this Office action. Additionally, this wording is indefinite because it does not specify the nature of the goods.

 

Applicant must clarify the wording “straps, tie straps, straps for attaching to a hole, straps for attaching to a stud, straps to secure a wire bundle, wire bundle clips, wire routing clips, tube routing clips, hose routing clips, routing clips, vibration damping routing clips, all the aforesaid goods made of plastics or partially of plastics, none of the aforesaid goods for use in building materials” in the identification of goods in International Class 20 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “Polypropylene straps for securing bundles” are in International Class 22 and “Non-metal pipe and cable clips” are in International Class 20.  The wording “straps, tie straps” is also indefinite because it does not specify the purpose of the goods.

 

Applicant may substitute the following wording, if accurate:  “straps for {indicate purpose, securing bundles, etc.}, tie straps for {indicate purpose, securing bundles, etc.}, straps for attaching to a hole, straps for attaching to a stud, straps to secure a wire bundle all the aforesaid goods made of plastics and partially of plastics, none of the aforesaid goods for use in building materials” in International Class 22 and “wire bundle clips, wire routing clips, tube routing clips, hose routing clips, routing clips, vibration damping routing clips, all the aforesaid goods made of plastics and partially of plastics, none of the aforesaid goods for use in building materials” in International Class 20.

 

The wording “bumper spacers made of plastics or partially of plastics, other than for use in building materials” in the identification of goods is indefinite and must be clarified because it does not specify the purpose of the goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “bumper spacers made of plastics or partially of plastics, other than for use in building materials, namely, {indicate purpose, e.g., spacers used in the installation of flooring, tile spacers, etc.}.”

 

The wording “pins of plastic, other than for use in building materials” in the identification of goods is indefinite and must be clarified because the wording does not specify the nature of the goods and the purpose of the goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “Non-metal fasteners, namely, pins of plastic, other than for use in building materials, namely, {indicate purpose of pins, e.g., cotter pins, etc.}.”

 

The wording “electrical connector plastic fasteners, other than for use in building materials” “glove box door fasteners; electrical connector plastic fasteners for automotive assembly” in the identification of goods is indefinite and must be clarified because the wording does not specify the type of fasteners.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “electrical connector plastic fasteners, other than for use in building materials, namely, {indicate specific items, e.g., bolts, nails, rivets, screws}” and “glove box door fasteners, namely, {indicate specific items, e.g., bolts, nails, rivets, screws}; electrical connector plastic fasteners for automotive assembly, namely, {indicate specific items, e.g., bolts, nails, rivets, screws}.”

 

Applicant has classified “straps for automotive assembly” in International Class 22; however, the proper classification is International Class 22.  Therefore, applicant may respond by (1) adding International Class 22 to the application and reclassifying these goods in the proper international class, (2) deleting “straps for automotive assembly” from the application, or (3) deleting the remainder of the items in the identification and reclassifying the specified goods in the proper international class.  See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq.  If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in this Office action. Additionally, this wording is indefinite because it does not specify the material composition of the goods.

 

The wording “fitting parts made of plastics or partially of plastics for automotive assembly” in the identification of goods is indefinite and must be clarified because the wording does not specify the type of fittings.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “{indicate type, e.g., furniture, window, bed, door, etc.} fitting parts made of plastics and partially of plastics for automotive assembly.”

 

The wording “sealing plugs for automotive assembly” in the identification of goods is indefinite and must be clarified because the wording does not specify the material composition of the goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Additionally, this wording is misclassified. Applicant may substitute the following wording, if accurate:  “Sealing plugs made primarily from rubber for automotive assembly.”

 

Applicant has included the term “or” in the identification of goods.  However, this term is generally not accepted in identifications when (1) it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods or services; (2) the nature of the goods and services is unclear; or (3) classification cannot be determined from such wording.  See TMEP §1402.03(a).  In this case, it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods.

 

An application must specify, in an explicit manner, the particular goods or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce.  See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Therefore, applicant should replace “and/or” or “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with the “and/or” or “or” deleted and the goods or services specified using definite and unambiguous language. 

 

Applicant may substitute the following wording, if accurate: 

 

Class 9: Electric conductors, namely, bus bars made partially of plastics, other than for use in building materials; Electric conductors, namely, bus bars made partially of plastics for automotive assembly

 

Class 20: Fasteners of plastic, other than for use in building materials, namely, {indicate purpose, e.g., for holding bed sheets and linens in places, etc.}; plastic clips, other than for use in building materials, namely, {indicate purpose, e.g., for sealing bags, etc.}; Non-metal fasteners, namely, retainers, other than for use in building materials; carpet retainers in the nature of non-metal fasteners, non-metal door trim fasteners, {type of trims, e.g., drawer, door, window} trim component fasteners, inner fire fender fasteners, non-metal door trim pad fasteners, non-metal door trim panel fasteners, interior {type of trims, e.g., drawer, door, window} trim panel fasteners, exterior {type of trims, e.g., drawer, door, window} trim molding fasteners, all the aforesaid goods made of plastics and partially of plastics, none of the aforesaid goods; electrical connector plastic fasteners, other than for use in building materials, namely, {indicate specific items, e.g., bolts, nails, rivets, screws}; push buttons made of plastic, other than for use in building materials; wire bundle clips, wire routing clips, tube routing clips, hose routing clips, routing clips, vibration damping routing clips, all the aforesaid goods made of plastics and partially of plastics, none of the aforesaid goods for use in building materials; bumper spacers made of plastics or partially of plastics, other than for use in building materials, namely, {indicate purpose, e.g., spacers used in the installation of flooring, tile spacers, etc.}; collars of plastic for fastening pipes, other than for use in building materials; Non-metal fasteners, namely, pins of plastic, other than for use in building materials, namely, {indicate purpose of pins, e.g., cotter pins, etc.}; grommets, grommet fasteners, all the aforesaid goods made of plastics and partially of plastics, none of the aforesaid goods for use in building materials; fasteners of plastic for automotive assembly; plastic clips for automotive assembly; Non-metal fasteners, namely, retainers made of plastics and partially of plastics for automotive parts; glove box door fasteners, namely, {indicate specific items, e.g., bolts, nails, rivets, screws}; electrical connector plastic fasteners for automotive assembly, namely, {indicate specific items, e.g., bolts, nails, rivets, screws}; push buttons made of plastic for automotive assembly; collars of plastic for fastening pipes for automotive assembly; Non-metal fasteners, namely, pins of plastic for automotive assembly, namely, {indicate purpose of pins, e.g., cotter pins, etc.}; grommet fasteners for automotive assembly made of plastics and partially of plastics; “{indicate type, e.g., furniture, window, bed, door, etc.} fitting parts made of plastics and partially of plastics for automotive assembly; all the aforesaid goods excluding hanging supports for domestic curtains, especially curtain rods, curtain rails, curtain holders, holders for curtain rods, curtain ring, cable tension regulators for curtains; None of the aforesaid for use in relation to, or including, domestic window covers, domestic window covering products, domestic curtain rails, domestic curtain runners or domestic curtain fittings

 

Class 17: Sealing plugs made primarily from rubber for automotive assembly

 

Class 22: straps for {indicate purpose, securing bundles, etc.}, tie straps for {indicate purpose, securing bundles, etc.}, straps for attaching to a hole, straps for attaching to a stud, straps to secure a wire bundle all the aforesaid goods made of plastics and partially of plastics, none of the aforesaid goods for use in building materials; straps for automotive assembly, namely, {indicate material composition of goods, e.g., All-purpose nylon straps, All-purpose straps comprised of synthetic textile materials, etc.}

 

Applicant may amend the identification to clarify or limit the goods, but not to broaden or expand the goods 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 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.

 

MULTIPLE CLASS REQUIREMENT

 

The application identifies goods in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(1)        List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)        Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule).  The application identifies goods that are classified in at least three (3) classes; however, applicant submitted a fee(s) sufficient for only one (1) class.  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

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

 

ASSISTANCE

 

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  

 

 

Calloway, Christina

/Christina Calloway/

Examining Attorney

Law Office 122

571-272-7342

christina.calloway@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 16, 2019 for

U.S. Trademark Application Serial No. 88469547

 

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. 

 

 

Calloway, Christina

/Christina Calloway/

Examining Attorney

Law Office 122

571-272-7342

christina.calloway@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 16, 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.”