To: | NaturalShrimp Incorporated (nreithinger@eventusag.com) |
Subject: | U.S. Trademark Application Serial No. 88498493 - NATURALSHRIMP - N/A |
Sent: | November 25, 2019 02:19:37 PM |
Sent As: | ecom107@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88498493
Mark: NATURALSHRIMP
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Correspondence Address:
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Applicant: NaturalShrimp Incorporated
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Reference/Docket No. N/A
Correspondence Email Address: |
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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: November 25, 2019
This Office action is in response to applicant’s communication filed on October 23, 2019. Upon review of the applicant’s response, the examining attorney has discovered an additional requirement that must be addressed by the applicant. Based on applicant’s response, the Section 2(e)(1) refusal is withdrawn. However, the specimen refusal is maintained and continued, as the specimen is simply an image of the applicant’s mark and not, for example, a label bearing applicant’s mark on applicant’s actual products.
Certification Mark Inquiry
In addition, applicant must submit a written statement explaining the activities in which the mark is or will be used, and how the applicant is or will be involved with the mark and goods or services. See TMEP §1306.06.
A trademark or service mark is used by the mark’s owner to indicate the source of his or her goods and/or services. See 15 U.S.C. §1127. A certification mark, however, is used by parties other than the owner and indicates that goods, services, or the providers of those goods and/or services meet certain standards. See TMEP §1306.01(a). For more information on certification marks and the application requirements, see the Certification Mark Applications webpage.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. Merely stating that information about the goods and services is available on applicant’s website is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
Assistance
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
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
Jimmy Stein
/jws/
Jimmy Stein
Examining Attorney
United States Patent and Trademark Office
james.stein@uspto.gov
571-272-3056
RESPONSE GUIDANCE