To: | MLP Ventures Property Management, LLC (jgerben@gerbenlawfirm.com) |
Subject: | U.S. Trademark Application Serial No. 88487976 - LABS AS A SERVICE - 07768-0001 |
Sent: | March 06, 2020 10:57:20 AM |
Sent As: | ecom115@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88487976
Mark: LABS AS A SERVICE
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Correspondence Address: |
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Applicant: MLP Ventures Property Management, LLC
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Reference/Docket No. 07768-0001
Correspondence Email Address: |
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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: March 06, 2020
This new non-final Office action is supplemental to and supersedes the previous Office action issued on August 20, 2019 in connection with this application. Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new refusal: Amendment to Supplemental Register has been refused. See TMEP §§706, 711.02.
In a previous Office action dated August 20, 2019, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Section 2(e)(1) because the applied-for mark is merely descriptive of applicant’s services, and based on duplicate trademark applications.
In applicant’s response dated February 11, 2020, applicant amended the application to the Supplemental Register. However, applicant’s amendment to the Supplemental Register cannot be accepted for the reasons set forth below.
Therefore, the refusal pursuant to Section 2(e)(1) of the Trademark Act and the duplicate applications refusal are maintained and continued.
The following is a SUMMARY OF ISSUES that applicant must address:
• NEW ISSUE: Amendment to Supplemental Register Unacceptable
Applicant must respond to all issues raised in this Office action and the previous August 20, 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).
AMENDMENT TO SUPPLEMENTAL REGISTER UNACCEPTABLE
This refusal will be withdrawn if applicant (1) deletes the amendment to the Supplemental Register, or (2) submits an amendment to allege use that meets the requirements of 37 C.F.R. §2.76(b), (c). See TMEP §§815.02, 1102.03.
If applicant maintains the amendment to the Supplemental Register and provides an acceptable amendment to allege use, the effective filing date of the application will be the date on which applicant met the minimum filing requirements of 37 C.F.R. §2.76(c) for the amendment to allege use. 37 C.F.R. §2.75(b); TMEP §§816.02, 1102.03. In addition, the undersigned trademark examining attorney will conduct a new search of the USPTO records for conflicting marks based on the later application filing date. TMEP §§206.01, 1102.03.
REFUSALS MAINTAINED AND CONTINUED: The refusals pursuant to Section 2(e)(1) of the Trademark Act and the duplicate applications refusal are maintained and continued. Please see Office action dated August 20, 2019.
ASSISTANCE
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Sahar Nasserghodsi/
Sahar Nasserghodsi
Examining Attorney
Law Office 115
(571)272-9192
Sahar.Nasserghodsi@uspto.gov
RESPONSE GUIDANCE