To: | Fan Jinhong (orders@trademarkraft.com) |
Subject: | U.S. Trademark Application Serial No. 88485472 - UNIBELIN - HATT-001 - Request for Reconsideration Denied - No Appeal Filed |
Sent: | March 24, 2020 05:06:48 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. 88485472
Mark: UNIBELIN
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Correspondence Address: |
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Applicant: Fan Jinhong
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Reference/Docket No. HATT-001
Correspondence Email Address: |
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REQUEST FOR RECONSIDERATION
AFTER FINAL ACTION
DENIED
Issue date: March 24, 2020
The originally submitted specimen appears to be digitally created because the mark in the specimen hovers over the underlying product, and does not conform to the contours of such product.
The first substitute specimen does not show any of the identified goods, but instead shows the mark used on a box.
The most recent substitute specimen consists of several pages from applicant’s Amazon webpage, followed by two photographs of a box (not included in the identification of goods). The webpage does not show the date accessed on the webpage. Webpage specimen does not include required URL and/or date printed/accessed. Registration is refused because the specimen is not acceptable as a webpage specimen; it lacks the required URL and/or date printed/accessed. See 37 C.F.R. §2.56(c); Mandatory Electronic Filing & Specimen Requirements, Examination Guide 1-20, at V.B. (Rev. Feb. 2020). The specimen thus appears to be in the nature of a digital mockup that fails to show the applied-for mark in actual use in commerce. See Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.03(g), 904.07(a). An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark as actually used in commerce for each international class of goods and services identified in the application or amendment to allege use. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
A webpage submitted as a specimen must include the URL and access or print date to show actual use in commerce. 37 C.F.R. §2.56(c). Because the webpage specimen lacks the associated URL and/or access or print date on it, within the TEAS form used to submit the specimen, or in a verified statement in a later-filed response, it is unacceptable to show use of the mark in commerce.
Accordingly, the Sections 1 and 45 Refusal made final in the Office action dated March 9, 2020 is maintained and continued. See TMEP §§715.03(a)(ii)(B), 715.04(a).
If applicant has not filed an appeal and time remains in the six-month response period, applicant has the remainder of that time to (1) file another request for reconsideration that complies with and/or overcomes any outstanding final requirement(s) and/or refusal(s), and/or (2) file a notice of appeal to the Board. TMEP §715.03(a)(ii)(B). Filing a request for reconsideration does not stay or extend the time for filing an appeal. 37 C.F.R. §2.63(b)(3); see TMEP §715.03(c).
Jonathon Schlegelmilch
/Jonathon Schlegelmilch/
Examining Attorney
Law Office 108
571-272-7758
jonathon.schlegelmilch@uspto.gov