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:  March 23, 2020

The abandoned application has been revived on petition.  Prior to its abandonment of the application, an Office action had issued on 09/06/2019, which applicant claimed was never received.  Therefore, applicant is granted six months from the issue date of this immediate Office action to respond to both the (a) refusal(s) and/or requirement(s) raised in the previous outstanding Office action and (b) new issue(s) raised below.  See TMEP §1714.01(a)(i). 

 

View the previous Office Action.  For more information about the requirement(s) and/or refusal(s) in the outstanding Office action, view and/or download a copy of the 09/06/2019 Office action as follows:

 

(1)        Go to the Trademark Status and Document Retrieval (TSDR) database.

 

(2)        Select “US Serial, Registration, or Reference No.” from the drop-down menu box and enter the serial number of this application.

 

(3)        Click on “Documents” to view the list of documents filed and/or issued in this application.

 

(4)        Click on the document titled “Offc Action Outgoing” with a “Create/Mail Date” of 09/06/2019 to view the Office action.

 

(5)        Click on the “Download PDF” button in the top right corner of the screen to download or print the Office action. 

 

If applicant is unable to view the Office action after following the above instructions, please e-mail TSDR@uspto.gov for further assistance.

 

It is noted that applicant did not respond to the Mark Description requirement.

 

New Issue(s).  In addition to the issues raised in the previous Office action, applicant must also respond to the new issue(s) raised below.

 

 

SUPPLEMENTAL SEARCH OF USPTO DATABASE OF MARKS

 

The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

SUMMARY OF ISSUES:

• Substitute Specimen Does Not Meet Section 1(a) Requirements

 

 

Applicant must respond to the requirement(s) set forth below.

 

SUBSTITUTE SPECIMEN DOES NOT MEET SECTION 1(a) REQUIREMENTS

Applicant filed a picture of the goods with the Petition to Revive the application.  It appears that the picture was intended to be a substitute specimen.  However, the requirements for filing a specimen were not met.

 

To amend an application to one based on use of the mark in commerce under Trademark Act Section 1(a), an applicant must provide the following:  (1) a statement that “the mark is in use in commerce and was in use in commerce as of the application filing date;” (2) dates of first use of the mark; (3) a specimen for each class and a statement that “the specimen(s) was in use in commerce at least as early as the application filing date;” and (4) verification, in an affidavit or signed declaration under 37 C.F.R. §2.20, of these two statements and the dates of first use.  See 37 C.F.R. §2.34(a)(1); TMEP §§903, 904.

 

For more information about Section 1(a) basis requirements, and instructions on how to satisfy them online using the Trademark Electronic Application System (TEAS) form, please go to the Basis webpage.

 

RESPONSE GUIDELINES 

Response guidelines.  For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action.  For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above.  For a requirement, applicant should set forth the changes or statements.  Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06. 

 

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. 

 

 

 

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

 

 

/Joanna M. Shanoski/

Joanna M. Shanoski

Examining Attorney

Law Office 104

Phone: (571) 272-9707

E-mail:  Joanna.Shanoski@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 March 23, 2020 for

U.S. Trademark Application Serial No. 88503082

 

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. 

 

 

/Joanna M. Shanoski/

Joanna M. Shanoski

Examining Attorney

Law Office 104

Phone: (571) 272-9707

E-mail:  Joanna.Shanoski@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 March 23, 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.”