To: | Stansill, Jason (Jasoncashstansill@yahoo.com) |
Subject: | U.S. Trademark Application Serial No. 88526156 - SO - N/A |
Sent: | October 16, 2019 09:01:54 PM |
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. 88526156
Mark: SO
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Correspondence Address:
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Applicant: Stansill, Jason
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Reference/Docket No. N/A
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 16, 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
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
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Issues Applicant Must Address:
1. Signature and Signatory Name Do Not Match
In the application the signature is: /LaTanya Cosey/ while the signatory’s name is: Jason Stansill. This is an inconsistency, which applicant must explain. Applicant must provide a signed declaration signed by someone “properly authorized to verify facts” and sign on behalf of the applicant. TMEP §804.04.
The name of the person who signs a document submitted in connection with an application must be set forth in printed or typed form immediately below or adjacent to the signature, or identified elsewhere in the filing. 37 C.F.R. §2.193(d). If the signatory’s name is not set forth in a document, the USPTO may require that it be stated for the record. Also, the signatory must personally sign his or her name. 37 C.F.R. §§2.193(a)(1), (c)(1). It is unacceptable for a person to sign another person’s name to a verification pursuant to a general power of attorney. See In re Cowan, 18 USPQ2d 1407, 1409 (Comm’r Pats. 1990). In a TEAS submission, the person whose name is affixed to the verification must manually enter the elements of the electronic signature. 37 C.F.R. §2.193(c)(1). The rules do not provide authority for an attorney to sign another person's declaration. In re Dermahose, 82 USPQ2d 1793, 1796 (TTAB 2007).
2. Identification of Services
The wording in the identification of services is unacceptable as it is indefinite and does not adequately identify the services. See TMEP §§1402.01, 1402.03. If applicant is providing reviews for others, one of the following changes are suggested: Class 35-Providing reviews of {indicate consumer goods or services, e.g., cosmetics, food and wine, web hosting services, etc.} to consumers for commercial purposes; Class 35-Providing a web site featuring the ratings, reviews and recommendations on products and services for commercial purposes posted by users; Class 35-Providing a website featuring the ratings, reviews and recommendations posted by consumers on restaurants, food and wine for commercial purposes
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See TMEP §1402.07(e).
Email/Telephone for Inquiries
/Angela M Micheli/
Trademark Examining Attorney, Law Office 101
571.272.9196
571.273.9196 (fax)
angela.micheli@uspto.gov
RESPONSE GUIDANCE