To: | The Quantum Group, USA, LLC (pto_jrm@venjuris.com) |
Subject: | U.S. Trademark Application Serial No. 88515056 - Q QUANTUM - PHJM2597-003 |
Sent: | October 21, 2019 11:30:49 AM |
Sent As: | ecom101@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88515056
Mark: Q QUANTUM
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Correspondence Address:
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Applicant: The Quantum Group, USA, LLC
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Reference/Docket No. PHJM2597-003
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: October 21, 2019
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
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APPLICATION STATUS
This Office action is in response to applicant’s communication filed on 10/17/2019.
The identification requirement has been satisfied. See TMEP §§713.02, 714.04.
However, please note the following new issue raised by applicant’s response.
Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.
NO DATES OF USE – CLASS 41 ONLY
The application does not include the required dates of first use of the mark. An application based on use in commerce under Trademark Act Section 1(a) must include both (1) the date of first use of the mark anywhere and (2) the date of first use of the mark in commerce, even if they are the same. 15 U.S.C. §1051(a)(2); 37 C.F.R. §2.34(a)(1)(ii)-(iii); TMEP §§903, 903.03.
Therefore, applicant must provide these two dates of first use, verified with an affidavit or signed declaration under 37 C.F.R. §2.20. See 37 C.F.R. §§2.34(a)(1)(ii)-(iii), 2.193(e)(1); TMEP §903.
For an overview of the requirements for providing verified dates of first use and instructions on how to satisfy these requirements online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademark/laws-regulations/dates-use.
/Benji Paradewelai/
Trademark Attorney
Law Office 101
United States Patent and Trademark Office
Direct Dial: (571) 272-1658
Email: benji.paradewelai@uspto.gov (for informal inquiries)
http://www.uspto.gov (for filing Official responses)
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RESPONSE GUIDANCE