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:January 29, 2020

 

This Office action is supplemental to and supersedes the previous Office action issued on September 27, 2019 in connection with this application.  The assigned trademark examining attorney inadvertently omitted a refusal of registration relevant to the mark in the subject application.  See TMEP §§706, 711.02.  Specifically, this refusal is necessary because the applicant’s mark interferes with the rights of prior trademark registration holders.

 

The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this issue(s). 

 

Applicant must address all issue(s) raised in this Office action.

 

Further, in the September 27, 2019 Office action, the examining attorney required applicant to amended the identification of goods. As a result of applicant’s December 3, 2019 Response to Office Action, definite identification of goods and services provided and this requirement is thus satisfied.  See TMEP §713.02.

 

The following is a SUMMARY OF ISSUES that applicant must address:

 

•         NEW ISSUE: Prior-Filed Applications 

•         NEW ISSUE: Section 2(d) Refusal – Likelihood of Confusion

 

Applicant must respond to all issues raised in this 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).

 

Prior Filed Applications

 

The filing dates of pending U.S. Application Serial Nos. 79254529 and 79262912 precede applicant’s filing date.  See attached referenced applications.  If one or more of the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s).  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced applications.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

 

Section 2(d) Refusal – Likelihood of Confusion

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 5958218, 5940784, 5940667, 2569366, 1216394, 0683619.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registrations.

 

Applicant has applied for the mark “HELLER” for the following identification of goods and services, as amended:

 

International Class 7

Machines for processing wires, resistors and transistors of electronic circuit components; machines for manufacturing semiconductors, integrated circuits and other computer chips and parts therefor

 

International Class 9

Drying Ovens for laboratory use

 

International Class 11

Curing ovens for industrial use; electric autoclaves for semiconductor manufacturing

 

International Class 40

Soldering; manufacture of general product lines to the order and specification of others in the field of reflow, curing and convection ovens; thermal processing

 

Registrant has registered the following marks for the respective relevant goods and/or services:

 

•         Registration No. 5958218 “HELLER4PERFORMANCE” for

International Class 7 -  “Machine tools, namely, lathes, metalworking machine tools; precision machine tools, namely, clamps for use in the precision clamping of work pieces, vices for use in the precision clamping of work pieces; machines for metal working and metal processing, namely, milling machines, crankshaft processing machines, camshaft processing machines, lathes, turn-broaching machines, turn-trimming machines, mill-turn machines and special cutting machines all for metal working and the aforementioned metal working machines also in the form of machining centres and flexible production systems and transfer lines composed of the aforementioned metal working machines; rotary table machines being metal working machines; machines for additive manufacturing of workpieces, namely, machines for coating metallic workpieces with metallic materials and machines for deposition welding of metallic workpieces with metallic materials; machines for combined additive and subtractive manufacturing of metal workpieces; workpiece changers and pallet changers, namely, mechanical devices as parts or accessories of the above-mentioned metal working machines for changing workpieces; mechanical transport systems comprised of pneumatic transporters, roller conveyors and conveyor belts as parts of conveyor transfer lines; aforementioned metal working machines all for manufacturing machine components, engine components, transmission components, and gear wheels, especially cone gear wheels; gear spindles being parts of machines for accommodating tools for workpiece machining; motor spindles being parts of machines for accommodating tools for workpiece machining; machine parts, namely, workpiece carriers and workpiece pallets being components of conveyors; tool magazines being machine parts in the nature of toolholders for metalworking machines; tool cleaning devices being machine parts for cleaning tool holders and tool shanks; fluid control systems for machine tools, especially based on hydraulics and pneumatics, comprised of hydraulic and pneumatic valve actuators, fluid drive couplings and replacement parts therefor”

International Class 40 – “Material processing of materials made of metal and composites, namely, mill working of metal; custom additive manufacturing of workpieces, namely, coating of metallic workpieces with metallic materials by means of thermal spraying of metallic workpieces with metallic materials and deposition welding of metallic workpieces with metallic materials; custom manufacture of metal workpieces using combined processes”; and

International Class 42 – “Research, development and consultancy services in the area of mechanical engineering, especially in regard to design and development of engineering processes, design of production facilities, design and development of engineering processing procedures, design and development of machining engineering processes, and design and development of additive manufacturing engineering processes; software updating, maintenance, rental and support in the nature of troubleshooting of computer software problems; quality control services for others to determine conformity with certification standards; technological consultancy in the technology field of computer software used in metal working; technical project planning, namely, consulting services for others in the field of design and planning for scientific research in the field of metal working; material testing; monitoring of computer systems by remote access through computerised scanning and configuration of technical systems via communication links, especially via telephone lines and satellite links to ensure proper functioning, for detecting unauthorized access or data breach, and to detect breakdowns; rental of web servers; rental of web server memory space; web site hosting services; electronic data backup services; creation, development and design of computer programs and software; computer security services, namely, restricting unauthorized access to computer networks; computer security services, namely, restricting unauthorized network access users without credentials; recovery of computer data; cloud computing, namely, cloud hosting provider services and integration of private and public cloud computing environments; software as a service (SaaS) services featuring software for use in industrial process control”;

•         Registration No. 5940784 “HELLER4INDUSTRY” for

International Class 7 “Machine tools, namely, lathes and metalworking machine tools; precision machine tools in the nature of clamps for use in the precision clamping of work pieces and vices for use in the precision clamping of work pieces; machines for metal working and metal processing, namely, milling machines, crankshaft processing machines, camshaft processing machines, lathes, turn-broaching machines, turn-trimming machines, mill-turn machines and special cutting machines for metal working, all the aforementioned metal working and processing machines also in the form of machining centres and flexible production systems and transfer lines composed of the aforementioned metal working and processing machines; rotary table machines being metal working machines; machines for additive manufacturing of workpieces, namely, machines for coating metallic workpieces with metallic materials and machines for deposition welding of metallic workpieces with metallic materials; machines for combined additive and subtractive manufacturing of metal workpieces; machine parts in the nature of workpiece changers and pallet changers, namely, mechanical devices as parts or accessories of the above-mentioned metal working and processing machines for changing workpieces; mechanical transport systems primarily comprised of pneumatic transporters, roller conveyors, and conveyor belts as parts of conveyor transfer lines; metal working machines, all for manufacturing machine components, engine components, transmission components, and gear wheels in the nature of cone gear wheels; gear spindles being parts of machines for accommodating tools for workpiece machining; motor spindles being parts of machines for accommodating tools for workpiece machining; machines parts, namely, workpiece carriers and workpiece pallets being components of conveyors; tool magazines being machine parts in the nature of toolholders for metalworking machines; fluid power control systems for machine tools, in particular based on hydraulics and pneumatics comprising valves, fittings, tubing and replacement parts thereof”;

International Class 40 “Material processing of materials made of metal and composites, namely, mill working of metal; additive manufacturing for others of workpieces, namely, applying protective coating of metallic workpieces with metallic materials by means of thermal spraying of metallic workpieces with metallic materials, and deposition welding of metallic workpieces with metallic materials; custom manufacture of metal workpieces using combined processes”

International Class 42 “Research, development and consultancy services in the area of mechanical engineering, particularly with regard to design and development of engineering production processes, design and development of production facilities, design and development of processing procedures, design and development of machining processes, and design and development of additive manufacturing engineering processes; updating of computer software, maintenance of computer software, rental of computer software, and support of computer software in the nature of troubleshooting of computer software problems; quality control services of others for certification purposes to determine conformity with certification standards; technological consultancy in the field of design of metal working machines; technical project planning being technological consultancy in the technology field of metal working; material testing; monitoring of computer systems by remote access through computerised scanning and configuration of technical systems via communication links, especially via telephone lines and satellite links to ensure proper functioning, to detect breakdowns; rental of web servers; rental of web server memory space; website hosting services; electronic data backup services; creation, development and design of computer programs and software; computer security services in the nature of restricting unauthorized access to computer networks; recovery of computer data; cloud computing, namely, cloud hosting provider services, integration of private and public cloud computing environments; software as a service (SaaS) services featuring software for use in industrial process control; testing of others to determine conformity with certification standards of consulting companies for certified education”;

·         Registration No. 5940667 “HELLER4OPERATION” for

International Class 7 “Machine tools, namely, lathes, metalworking machine tools; precision machine tools, namely, clamps for use in the precision clamping of work pieces, vices for use in the precision clamping of work pieces; machines for metal working and metal processing, namely, milling machines, crankshaft processing machines, camshaft processing machines, lathes, turn-broaching machines, turn-trimming machines, mill-turn machines and special cutting machines all for metal working and the aforementioned metal working machines also in the form of machining centres and flexible production systems and transfer lines composed of the aforementioned metal working machines; rotary table machines being metal working machines; machines for additive manufacturing of workpieces, namely, machines for coating metallic workpieces with metallic materials and machines for deposition welding of metallic workpieces with metallic materials; machines for combined additive and subtractive manufacturing of metal workpieces; workpiece changers and pallet changers, namely, mechanical devices as parts or accessories of the above-mentioned metal working machines for changing workpieces; mechanical transport systems comprised of pneumatic transporters, roller conveyors and conveyor belts as parts of conveyor transfer lines; aforementioned metal working machines all for manufacturing machine components, engine components, transmission components, and gear wheels, especially cone gear wheels; gear spindles being parts of machines for accommodating tools for workpiece machining; motor spindles being parts of machines for accommodating tools for workpiece machining; machine parts, namely, workpiece carriers and workpiece pallets being components of conveyors; tool magazines being machine parts in the nature of toolholders for metalworking machines; tool cleaning devices being machine parts for cleaning tool holders and tool shanks; fluid control systems for machine tools, especially based on hydraulics and pneumatics, comprised of hydraulic and pneumatic valve actuators, fluid drive couplings and replacement parts therefor”;

International Class 40 “Material processing of materials made of metal and composites, namely, mill working of metal; custom additive manufacturing of workpieces, namely, coating of metallic workpieces with metallic materials by means of thermal spraying of metallic workpieces with metallic materials and deposition welding of metallic workpieces with metallic materials; custom manufacture of metal workpieces using combined processes.”

International Class 42 “Research, development and consultancy services in the area of mechanical engineering, especially in regard to design and development of engineering processes, design of production facilities, design and development of engineering processing procedures, design and development of machining engineering processes, and design and development of additive manufacturing engineering processes; software updating, maintenance, rental and support in the nature of troubleshooting of computer software problems; quality control services for others to determine conformity with certification standards; technological consultancy in the technology field of computer software used in metal working; technical project planning, namely, consulting services for others in the field of design and planning for scientific research in the field of metal working; material testing; monitoring of computer systems by remote access through computerised scanning and configuration of technical systems via communication links, especially via telephone lines and satellite links to ensure proper functioning, for detecting unauthorized access or data breach, and to detect breakdowns; rental of web servers; rental of web server memory space; web site hosting services; electronic data backup services; creation, development and design of computer programs and software; computer security services, namely, restricting unauthorized access to computer networks; computer security services, namely, restricting unauthorized network access users without credentials; recovery of computer data; cloud computing, namely, cloud hosting provider services and integration of private and public cloud computing environments; software as a service (SaaS) services featuring software for use in industrial process control”

·         Registration No. 2569366 “HELLER” for

International Class 7 “metal working machines, namely machining centers, multi-hedd changers for machining centers, crankshaft milling machines, camshaft milling machines, crankshaft turning centers”

·         Registration No. 1216394 “HELLER” for

International Class 7 “Bed-Type Production Milling Machines, Crankshaft Milling Machines, and Transfer Lines and Specially Made Metal Working Machines, and Components Thereof”; and

·         Registration No. 0683619 “HELLER” for

International Class 6 “Machine tools and controls and parts therefor-namely, horizontal special, and vertical single and multi-way boring machines; centering and ending machines; horizontal, single and double spindle planer, thread, and vertical milling machines.”

 

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.

 

(1)   Similarity of the Marks

Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.  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)); TMEP §1207.01(b)-(b)(v).  “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.”  In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)); TMEP §1207.01(b).

 

First regarding the marks in registration numbers 5958218, 5940784, and 5940667, consumers are generally more inclined to focus on the first word, prefix, or syllable in any trademark or service mark.  See Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1372, 73 USPQ2d 1689, 1692 (Fed. Cir. 2005) (finding similarity between VEUVE ROYALE and two VEUVE CLICQUOT marks in part because “VEUVE . . . remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label”); Century 21 Real Estate Corp. v. Century Life of Am., 970 F.2d 874, 876, 23 USPQ2d 1698, 1700 (Fed Cir. 1992) (finding similarity between CENTURY 21 and CENTURY LIFE OF AMERICA in part because “consumers must first notice th[e] identical lead word”); see also In re Detroit Athletic Co., 903 F.3d 1297, 1303, 128 USPQ2d 1047, 1049 (Fed. Cir. 2018) (finding “the identity of the marks’ two initial words is particularly significant because consumers typically notice those words first”).

 

Here, the applied-for and registered marks share a common first term and prominent element “HELLER.” Thus, the prominent element of the marks is identical. Further, the additional wording in the registered marks does not change the commercial impression of those marks because it does not change their meaning or significance. The additional wording functions merely to indicate that the registrant is offering a different line of goods for each mark, all under the house name “HELLER.”

 

Additionally, 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, as discussed above, 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.

 

Next, regarding the marks in registration numbers 2569366, 1216394, and 0683619, a mark in typed or standard characters may be displayed in any lettering style; the rights reside in the wording or other literal element and not in any particular display or rendition.  See In re Viterra Inc., 671 F.3d 1358, 1363, 101 USPQ2d 1905, 1909 (Fed. Cir. 2012); In re Mighty Leaf Tea, 601 F.3d 1342, 1348, 94 USPQ2d 1257, 1260 (Fed. Cir. 2010); 37 C.F.R. §2.52(a); TMEP §1207.01(c)(iii).  Thus, a mark presented in stylized characters and/or with a design element generally will not avoid likelihood of confusion with a mark in typed or standard characters because the word portion could be presented in the same manner of display.  See, e.g., In re Viterra Inc., 671 F.3d at 1363, 101 USPQ2d at 1909; Squirtco v. Tomy Corp., 697 F.2d 1038, 1041, 216 USPQ 937, 939 (Fed. Cir. 1983) (stating that “the argument concerning a difference in type style is not viable where one party asserts rights in no particular display”).

 

In this case, the literal elements in the marks are identical. Thus, the rights to these marks is in identical wording and the applied-for mark has the potential to be presented in a manner completely identical to the registered marks.

 

Therefore the marks are confusingly similar.

 

(2)   Relatedness of the Goods and Services

The goods and/or services are compared to determine whether they are similar, commercially related, or travel in the same trade channels.  See Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369-71, 101 USPQ2d 1713, 1722-23 (Fed. Cir. 2012); Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1165, 64 USPQ2d 1375, 1381 (Fed. Cir. 2002); TMEP §§1207.01, 1207.01(a)(vi).

 

The compared goods and/or services 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 screenshots from the webpages of Komatsu, Laser Photonics, Benchmark, Toollots, MSC, McMaster-Carr, Grainger, and Global Industrial, establishes that the same entity commonly manufactures/provide the relevant goods and markets the under the same mark, 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 registrant’s 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).

 

(3) Conclusion

 

For the reasons above, registration is refused for a likelihood of confusion between the applied-for and aforementioned registered marks.

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration. 

 

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 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.    

 

 

/Joseph Greene/

Joe Greene

Trademark Examining Attorney

USPTO, Law Office 125

(571)272-5763

joseph.greene@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 January 29, 2020 for

U.S. Trademark Application Serial No. 88506209

 

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. 

 

 

/Joseph Greene/

Joe Greene

Trademark Examining Attorney

USPTO, Law Office 125

(571)272-5763

joseph.greene@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 January 29, 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.”