To: | Osei Rubie (business@franco-lawfirm.com) |
Subject: | U.S. Trademark Application Serial No. 88521852 - OSEI BEVERAGES - N/A |
Sent: | December 06, 2019 12:59:27 PM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88521852
Mark: OSEI BEVERAGES
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Correspondence Address: |
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Applicant: Osei Rubie
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Reference/Docket No. N/A
Correspondence Email Address: |
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FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
This Office action is in response to applicant’s communication filed on November 12, 2019.
In a previous Office action dated October 16, 2019, the trademark examining attorney refused registration of the applied-for mark based on the following: Section 2(c) Refusal – Name Identifying a Particular Living Individual. In addition, the examining attorney issued an examiner’s amendment that satisfied the following requirements: identification of goods; disclaimer required.
In its response, applicant provided a consent in order to obviate the Section 2(c) refusal. The consent, however, was not properly signed, as explained below. Thus, the trademark examining attorney maintains and now makes FINAL the refusal in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
SECTION 2(C) REFUSAL – NAME IDENTIFYING A PARTICULAR LIVING INDIVIDUAL
To submit a consent using the Trademark Electronic Application System (TEAS): Open the TEAS “Request for Reconsideration after Final Action” form, answer “yes” to wizard question #3, under the “Name(s), Portrait(s), Signature(s) of Individual(s) ” heading in the “Additional Statement(s)” section, identify the individual whose consent is being made of record and use the “Click here to Attach/Remove Consent(s) ” button to upload the JPG/PDF image file of the consent, which cannot exceed 5 megabytes per attachment; and then follow the instructions within the form for signing.
How to sign a consent. Applicant must use one of the following methods for signing TEAS forms:
(1) Electronic typed signature. In the TEAS signature block, the signer personally types any combination of letters, numbers, spaces, and/or punctuation marks that the signer has adopted as a signature, placed between two forward slash (/) symbols (e.g., /john doe/). When the filer is not the actual signer of the form, the filer may e-mail the completed unsigned form from within TEAS to the signer to personally type his or her e-signature, after which the form will be automatically returned to the filer for submission. Please note that this method of signing may only be completed within the TEAS form. If applicant does not personally type his or her signature into the TEAS form, applicant must submit a pen-and-ink traditional handwritten signature, as explained below. The previously submitted signature did not properly follow the guidelines for electronic typed signatures, as the signature was not completed within the TEAS form.
(2) Pen-and-ink traditional handwritten signature. The filer prints out the completed form in text format and mails or faxes it to the signer who reviews and personally signs and dates it in the usual pen-and-ink manner. The signature and date portion, together with the wording of a declaration under 37 C.F.R. §2.20, if required, is then scanned as a jpg or pdf image file and attached to the form for submission.
See 37 C.F.R. §2.193(a); TMEP §611.01(c).
In addition, the name of the signer must also be clearly printed or typed near the signature. 37 C.F.R. §2.193(d); TMEP §611.01(c). The signer’s particular title or position should also be specified. See TMEP §804.04.
RESPONSE OPTIONS
Applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond by providing one or both of the following:
(1) a response filed using the Trademark Electronic Application System (TEAS) that fully satisfies all outstanding requirements and/or resolves all outstanding refusals; and/or
(2) an appeal to the Trademark Trial and Appeal Board filed using the Electronic System for Trademark Trials and Appeals (ESTTA) with the required filing fee of $200 per class.
37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues. TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). There is a fee required for filing a petition. 37 C.F.R. §2.6(a)(15).
How to respond. Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Nathaniel Pettican/
Nathaniel Pettican
Examining Attorney
Law Office 108
(571) 272-1087
nathaniel.pettican@uspto.gov
RESPONSE GUIDANCE