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 11, 2020

 

 

Introduction

 

This Office action is supplemental to and supersedes the previous Office action issued on August 29, 2019 in connection with this application.  The assigned trademark examining attorney is issuing a new requirement for applicant’s email address based on a USPTO rule change that became effective on February 15, 2020.

 

The issues raised in the previous August 29, 2019 Office action are as follows:  Sections 1 and 45 refusal, identification of services amendment required, and multiple-class application requirements. 

 

The following refusal and requirements have been satisfied and obviated:  the Sections 1 and 45 refusal has been obviated, the requirement to amend the identification of services has been satisfied, and the multiple-class application requirements have been obviated.  See TMEP §713.02. 

 

Applicant must respond to the issue 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).

 

Applicant’s E-mail Address Required

 

Applicant must provide applicant’s email address, which is a requirement for a complete application.  See 37 C.F.R. §2.32(a)(2); Mandatory Electronic Filing & Specimen Requirements, Examination Guide 1-20, at III.A. (Rev. Feb. 2020).  Applicant’s email address cannot be identical to the listed primary correspondence email address of any attorney retained to represent applicant in this application.  See Examination Guide 1-20, at III.A. 

 

Applicant has provided the same email address for the trademark owner and the appointed attorney.  The applicant has listed jordan.lavine@flastergreenberg.com as the email address for both the applicant and the applicant’s attorney.  Applicants must maintain a valid email address for correspondence. See 37 C.F.R. §2.23(b)-(c).  Even if there is an appointed attorney, a separate email address for the applicant is required under 37 C.F.R. §2.32(a)(2), so that the USPTO can contact the owner if representation ends. 

 

To update the owner and/or attorney email address.  The owner and/or attorney email address can be updated within the Trademark Electronic Application System (TEAS) Response to Office action form.  Alternatively, if the appointed attorney uses the Change Address or Representation form to make this update, the attorney must additionally submit the Response to Office action form indicating that the owner and/or attorney email address has been updated, as well as addressing all other refusals or requirements in this action, if any.

 

Conclusion 

 

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 requirement 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. 

.

 

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

 

 

/Joshua S. Toy/

Trademark Examining Attorney

Law Office 120

571-272-4856

joshua.toy@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 11, 2020 for

U.S. Trademark Application Serial No. 88515041

 

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. 

 

 

/Joshua S. Toy/

Trademark Examining Attorney

Law Office 120

571-272-4856

joshua.toy@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 11, 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.”