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:  October 18, 2019

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

Search Results

 

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).

 

However, the applicant must address the following issues, detailed below:

 

• Surname refusal;
• Owner information requirement;
• Identification and classification requirement; and
• Signature requirement.

 

 

 

Refusal – Primarily Merely a Surname

 

Registration is refused because the applied-for mark is primarily merely a surname.  Trademark Act Section 2(e)(4), 15 U.S.C. §1052(e)(4); see TMEP §1211. 

 

An applicant’s mark is primarily merely a surname if the surname, when viewed in connection with the applicant’s recited goods and/or services, “‘is the primary significance of the mark as a whole to the purchasing public.’”  Earnhardt v. Kerry Earnhardt, Inc., 864 F.3d 1374, 1377, 123 USPQ2d 1411, 1413 (Fed. Cir. 2017) (quoting In re Hutchinson Tech. Inc., 852 F.2d 552, 554, 7 USPQ2d 1490, 1492 (Fed. Cir. 1988)); TMEP §1211.01.

 

The following five inquiries are often used to determine the public’s perception of a term’s primary significance:

 

(1)       Whether the surname is rare;

 

(2)       Whether anyone connected with applicant uses the term as a surname;

 

(3)       Whether the term has any recognized meaning other than as a surname;

 

(4)       Whether the term has the structure and pronunciation of a surname; and

 

(5)       Whether the term is sufficiently stylized to remove its primary significance from that of a surname.

 

In re Eximius Coffee, LLC, 120 USPQ2d 1276, 1278 & n.2, 1282-83 (TTAB 2016) (citing In re Benthin Mgmt. GmbH, 37 USPQ2d 1332, 1333-34 (TTAB 1995) for the Benthin inquiries/factors); TMEP §1211.01; see also In re Etablissements Darty et Fils, 759 F.2d 15, 16-18, 225 USPQ 652, 653 (Fed. Cir. 1985). 

 

These inquiries are not exclusive, and any of these circumstances – singly or in combination – and any other relevant circumstances may be considered when making this determination.  In re Eximius Coffee, LLC, 120 USPQ2d at 1277-78; TMEP §1211.01.  For example, when the applied-for mark is not stylized, it is unnecessary to consider the fifth inquiry.  In re Yeley, 85 USPQ2d 1150, 1151 (TTAB 2007); TMEP §1211.01.

 

Here, applicant’s mark is “WISDEN” in standard characters, so there is no stylization that would remove the surname significance of the mark. 

 

Please see the attached evidence from the LEXISNEXIS® surname database, which is a weekly updated directory of cell phone and other phone numbers (such as voice over IP) from various data providers, establishing the surname significance of “WISDEN”.  This evidence shows the applied-for mark appearing 49 times as a surname in the LEXISNEXIS® surname database.

 

Although “WISDEN” appears to be a relatively rare surname, the statute makes no distinction between rare and commonplace surnames and even a rare surname may be unregistrable under Trademark Act Section 2(e)(4) if its primary significance to purchasers is that of a surname.  See In re Etablissements Darty et Fils, 759 F.2d 15, 16-18, 225 USPQ 652, 653 (Fed. Cir. 1985); In re Beds & Bars Ltd., 122 USPQ2d 1546, 1551 (TTAB 2017); In re Eximius Coffee, LLC, 120 USPQ2d 1276, 1281 (TTAB 2016) (citing In re E. Martinoni Co., 189 USPQ 589, 590-91 (TTAB 1975)); TMEP §1211.01(a)(v).  There is no minimum amount of evidence needed to establish that a mark is primarily merely a surname.  See In re Etablissements Darty et Fils, 759 F.2d at 17, 225 USPQ at 653; In re Beds & Bars Ltd., 122 USPQ2d at 1548; TMEP §1211.02(b)(i).

 

Additional attached evidence shows that applicant, John Wisden & Company Limited, was founded by John Wisden, a famous cricketer.  This evidence shows the fame of both John Wisden and the eponymous company he founded.  This evidence shows that the primary significance of the mark is as John Wisden’s surname. 

 

A term that is the surname of an individual applicant or that of an officer, founder, owner, or principal of applicant’s business is probative evidence of the term’s surname significance.  TMEP §1211.02(b)(iv); see, e.g., In re Etablissements Darty et Fils, 759 F.2d 15, 16, 225 USPQ 652, 653 (Fed. Cir. 1985) (holding DARTY primarily merely a surname where “Darty” was the surname of applicant’s corporate president); In re Eximius Coffee, LLC, 120 USPQ2d 1276, 1278-80 (TTAB 2016) (holding ALDECOA primarily merely a surname where ALDECOA was the surname of the founder and individuals continuously involved in the business); In re Integrated Embedded, 120 USPQ2d 1504, 1507 (TTAB 2016) (holding BARR GROUP primarily merely a surname where BARR was the surname of the co-founder and applicant’s corporate officer and GROUP was found “incapable of lending source-identifying significance to the mark”); Miller v. Miller, 105 USPQ2d 1615, 1620, 1622-23 (TTAB 2013) (holding MILLER LAW GROUP primarily merely a surname where “Miller” was the surname of the applicant and the term “law group” was found generic).

 

In sum, based on the evidence, the application is refused registration on the Principal Register.  Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.

 

            Supplemental Register Suggested

 

The applied-for mark has been refused registration on the Principal Register.  Applicant may respond to the refusal by submitting evidence and arguments in support of registration and/or by amending the application to seek registration on the Supplemental Register.  See 15 U.S.C. §1091; 37 C.F.R. §§2.47, 2.75(a); TMEP §§801.02(b), 816.  Amending to the Supplemental Register does not preclude applicant from submitting evidence and arguments against the refusal(s).  TMEP §816.04.

 

If applicant amends the application to seek registration on the Supplemental Register, the application effective filing date will be the date applicant meets the minimum filing requirements under 37 C.F.R. §2.76(c) for an amendment to allege use.  TMEP §§816.02, 1102.03; see 37 C.F.R. §2.75(b).

 

Although registration on the Supplemental Register does not afford all the benefits of registration on the Principal Register, it does provide the following advantages to the registrant:

 

(1)       Use of the registration symbol ® with the registered mark in connection with the designated goods and/or services, which provides public notice of the registration and potentially deters third parties from using confusingly similar marks.

 

(2)       Inclusion of the registered mark in the USPTO’s database of registered and pending marks, which will (a) make it easier for third parties to find it in trademark search reports, (b) provide public notice of the registration, and thus (c) potentially deter third parties from using confusingly similar marks.

 

(3)       Use of the registration by a USPTO trademark examining attorney as a bar to registering confusingly similar marks in applications filed by third parties.

 

(4)       Use of the registration as a basis to bring suit for trademark infringement in federal court, which, although more costly than state court, means judges with more trademark experience, often faster adjudications, and the opportunity to seek an injunction, actual damages, and attorneys’ fees and costs.

 

(5)       Use of the registration as a filing basis for a trademark application for registration in certain foreign countries, in accordance with international treaties.

 

See 15 U.S.C. §§1052(d), 1091, 1094; J. Thomas McCarthy, McCarthy on Trademarks & Unfair Competition §§19:33, 19:37 (rev. 4th ed. Supp. 2017).

 

Requirement – Owner Information

 

Applicant sets forth in the application the legal entity “company.”  However, applicant’s name includes the wording “Company Limited,” indicating that applicant is likely a limited company. See TMEP §803.03(i). 

 

Therefore, applicant must clarify the legal entity in the application.  See 37 C.F.R. §§2.32(a)(3), 2.61(b); TMEP §803.03(i). 

 

Requirement – Identification and Classification

All identifications must be precise and identify the goods and/or services with particularity using common or commercial names.  TMEP §1402.01. 

            Current Identification

 

Applicant’s current identification reads (applicant should note that the wording requiring amendment, as discussed further below, has been highlighted in bold font):

 

International Class 009:  Electronic publications; data compilations; pre-recorded CDs and DVDs; sound recordings, video recordings; sound and video recordings; downloadable films and television shows; motion picture films and films for television; computer programs; computer software; computer and video game software; computer hardware; computer games and programs; protective sports helmets; encoded programmes; electronic apparatus for data or information storage; electronic data processing apparatus and instruments; instructional and teaching apparatus and instruments; parts and fittings for all the aforesaid goods.

 

International Class 016:  Printed matter, printed publications, periodical publications, books, almanacs, magazines and comics; paper, cardboard, all included in Class 16; printed forms for the compilation of information; stationery, writing instruments, pictures, posters, photographs, maps, certificates, prints, picture cards, printed stamps, memo boards, instructional and teaching materials, decalcomanias and stickers, greeting cards and postcards, book marks, paper coasters, book ends, paperweights, calendars, diaries and paper gift bags.

 

International Class 041:  Publication of texts and books including online publishing; book club services; provision and organisation of sports activities; arranging and conducting exhibitions and conferences for education, entertainment and sport purposes; providing online electronic publications (not downloadable); organisation of competitions; film production; presentation of live performances; provision of recreational facilities; entertainment in the nature of television programmes; production of television programmes and radio programmes, educational and instructional services for children; sport and holiday camp services; writing services for blogs.

 

The identification is unacceptable as presently worded because certain goods and/or services are worded indefinitely, need clarification and/or have been misclassified. In the identification, applicant must use the common commercial or generic names for the goods and/or services, be all-inclusive, as complete and specific as possible, and avoid the use of indefinite words and phrases.  If applicant chooses to use indefinite terms, then such terms must be followed by the word "namely" and a list of the specific goods and/or services identified by their common commercial or generic names.  TMEP §§1402.01 and 1402.03(a).

 

Specifically, in addition to the issues identified below, the identification for parts and fittings in International Class 009 must be clarified because it is indefinite and does not make clear what the goods are.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  Further, this wording could identify goods in more than one international class; for example, common metal screws are in International Class 006 and could be parts of electronic instruments.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.

 

However, while the word “parts” alone is generally unacceptable for the reasons identified above, the wording “replacement parts therefor” or “structural parts therefor” is acceptable when it follows a definite identification of goods.  See TMEP §1402.03(a). 

 

The identification for “electronic publications” in International Class 009 is also indefinite and too broad and must be clarified because the wording does not make clear the nature of the publications and could identify publications in International Classes 009 and 041.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03, 1402.11(a)(x).  Applicant must amend this identification to clarify whether the electronic publications are downloadable or recorded on computer media, such as CDs or DVDs, in International Class 009; or are online non-downloadable publications in International Class 041.  In addition, applicant must specify (1) the common name of the type of publications, such as brochures, newsletters, or magazines; and (2) the subject matter of the publications.  See TMEP §1402.03(e).  If the subject matter is not a significant aspect of the publications, the identification may specify the general character or type of the publications (e.g., downloadable electronic publications in the nature of general feature magazines are acceptable in International Class 9).  Id.  

 

The identification for software and computer programs in International Class 009 is indefinite and too broad and must be clarified because the wording does not make clear the (1) nature or (2) format of the software and could identify goods and/or services in three international classes – as a product in International Class 009 or a service in International Class 041 or 042.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.03(d), 1402.11(a).  Specifically, applicant must indicate the purpose or function of the software, and if content- or field-specific, the content or field of use of the software.  TMEP §1402.03(d).  Additionally, applicant must indicate whether the software’s format is downloadable, recorded, or online non-downloadable.  See id.  Downloadable and recorded goods are in International Class 009, whereas providing their temporary, online non-downloadable use is a service in International Class 042; except for non-downloadable game software provided online or for temporary use, which is classified in International Class 041.  See TMEP §§1402.03(d), 1402.11(a)(xii).

 

The USPTO requires such specificity in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks.  See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d). 

 

Applicant’s use of punctuation in the identification may be a source of confusion.  Applicant should note the punctuation conventions used by the Office.  Particular items or services are generally offset by semicolons, and commas are used to indicate goods or services with a particular feature in a list after describing the shared feature (i.e., articles of clothing, namely, t-shirts, pants, skirts). 

The wording “book club services” in the identification of services for International Class 041 must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass mail order book clubs in International Class 035.

 

 

            Suggested Amendment

 

Applicant may adopt the following identification, if accurate (applicant should note that the suggested amended language appears in bold font, and that the applicant must supply the requisite information detailed within the brackets {} and then delete the brackets and the informational matter within):  

 

International Class 009:  Electronic publications, namely, ______ {specify type of publication and the subject matter, e.g., golfing magazines} recorded on computer media; data compilations, namely, _______ {specify the format of the compilation and the subject matter, e.g., downloadable tables featuring tax calculations}; pre-recorded CDs and DVDs featuring ______ {specify the subject matter, e.g., music}; sound recordings and video recordings all featuring _______ {specify subject matter, e.g., music}; sound and video recordings featuring _______ {specify subject matter, e.g., music}; downloadable films featuring _______ {indicate subject matter, e.g., sports documentaries}; downloadable _______ {specify type of shows, e.g., reality} television shows; motion picture films and films for television featuring _______ {specify subject matter, e.g., children’s entertainment}; ______ {specify “downloadable” or “recorded”} computer programs for ______ {specify the function of the computer programs, e.g., calculating taxes}; _______ {specify “downloadable” or “recorded”} computer software for ______ {specify the function of the computer programs, e.g., calculating taxes}; ______ {specify “downloadable” or “recorded”} computer and video game software; computer hardware; _____ {specify “recorded” or “downloadable”} computer games and programs for _____ {specify function of the programs, e.g., playing computer games}; protective sports helmets; encoded programmes, namely, _______ {specify “recorded” or “downloadable”} computer programs for _______ {specify function, e.g., calculating taxes}; electronic apparatus for data or information storage, namely, ______ {specify particular goods, e.g., blank CDs}; electronic data processing apparatus and instruments; instructional and teaching apparatus and instruments, namely, ______ {specify particular goods, e.g., artificial limbs for medical instruction purposes}; parts and fittings for all the aforesaid goods, namely, ______ {list particular parts, e.g., chin straps for sports helmets}.

 

International Class 016:  Printed matter, namely, ______ {specify particular goods, e.g., biology textbooks}; printed publications, namely, ______ {specify the type of publication and the subject matter, e.g., golfing magazines}; periodical publications, namely, _______ {specify type of publication and subject matter, e.g., medical journals}; _______ {specify type, e.g., children’s activity} books; almanacs; ______ {specify subject matter, e.g., general feature} magazines; comics; paper, cardboard; printed forms for the compilation of information; stationery; writing instruments; pictures; posters; photographs; maps; printed certificates; prints; picture cards; printed ______ {specify type, e.g., postage} stamps; memo boards in the nature of ______ {specify common or commercial name for the goods, e.g., corkboards}; instructional and teaching materials, namely, ______ {specify particular goods, e.g., science textbooks}; decalcomanias and stickers; greeting cards; postcards; book marks; paper coasters; book ends; paperweights; calendars; diaries; and paper gift bags.

 

International Class 035:  Mail order book clubs; writing of advertising content for blogs.

 

International Class 041:  Publication of texts and books including online publishing; book club services, namely, arranging, organizing, and hosting social events wherein books are discussed; provision and organisation of sports activities, namely, _______ {specify the type of activities, e.g., wrestling exhibitions, community fun runs}; arranging and conducting exhibitions and conferences for education, entertainment and sport purposes, namely, ______ {list the activity and the subject matter with greater particularity, e.g., providing educational conferences on fly fishing, providing visual art exhibits}; providing non-downloadable online electronic publications, namely, _______ {specify the type of publication and the subject matter, e.g., medical journals}; organisation of _________ {specify type, e.g., spelling bee, trivia} competitions; film production; presentation of live ________ {specify type, e.g., theatrical, musical} performances; provision of recreational facilities; entertainment in the nature of ongoing television programmes in the field of _________ {specify subject matter, e.g., children’s entertainment}; production of television programmes and radio programmes; educational and instructional services for children, namely, _______ {specify the educational format and the subject matter, e.g., classes in reading and math}; sport and holiday camp services; writing services for blogs other than for advertising or publicity.

 

            Limitation on Amendments

 

While an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. Section 2.71(a); TMEP §1402.06.   Trademark Rule 2.71(a), 37 C.F.R. §2.71(a), restricts amendments to the identification of goods or services as follows, “The applicant may amend the application to clarify or limit, but not to broaden, the identification of goods and/or services.”  This rule applies to all applications.

 

Therefore, the applicant may not amend to include any goods or services that are not within the scope of goods or service set forth in the present identification.

 

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.

 

            Adding Classes

 

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Sections 1(b) and 44:

 

(1)       List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)       Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule).  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

See an overview of the requirements for a Sections 1(b) and 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

Requirement – Signed Verification

 

The application was unsigned, resulting in the application not being properly verified.  See TMEP §804.  Applicant must properly sign and therefore verify the application in an affidavit or signed declaration under 37 C.F.R. §2.20.  See 37 C.F.R. §§2.2(n), 2.33(a)-(c), 2.34(a)(1)(i), (a)(2), (a)(3)(i), (a)(4)(ii); TMEP §804.02. 

 

The following statements must be verified:  That applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; that applicant believes applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; that applicant believes applicant is the owner of the mark; that the mark is in use in commerce and was in use in commerce as of the application filing date; that to the best of the signatory’s knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive; that the specimen shows the mark as used on or in connection with the goods or services as of the application filing date; and that the facts set forth in the application are true.  37 C.F.R. §§2.33(b), (c), 2.34(a)(1)(i), (a)(2), (a)(3)(i), (a)(4)(ii), 2.59(a).  For more information about this, see the Verified statement webpage.

 

To provide these verified statements.  After opening the correct TEAS response form, answer “yes” to wizard question #10, and follow the instructions within the form for signing.  In this case, the TEAS online form will require two signatures:  one in the “Declaration Signature” section and one in the “Response Signature” section.

 

A verified statement, which includes statements supported by a signed declaration under 37 C.F.R. §2.20, must be signed by the applicant or a person “properly authorized to verify facts” and sign on behalf of the applicant.  37 C.F.R. §2.193(e)(1); TMEP §804.04; see 37 C.F.R. §2.33(a).  The following persons are properly authorized:  (1) a person with legal authority to bind a juristic applicant (e.g., a corporate officer of a corporate applicant or a general partner of a partnership applicant); (2) a person with firsthand knowledge of the facts and actual or implied authority to act on behalf of applicant; and (3) an attorney who is authorized to represent the applicant and to practice before the USPTO.  37 C.F.R. §2.193(e)(1); TMEP §804.04. 

 

Response Guidelines

 

For this application to proceed toward registration, applicant must explicitly address each refusal and/or requirement raised in this Office action.  If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register.  Applicant may also have other options for responding to a refusal and should consider such options carefully.  To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.

 

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  

 

 

/Andrea R. Hack/

Andrea Hack

Examining Attorney

Law Office 108

571-272-5413

andrea.hack@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 October 18, 2019 for

U.S. Trademark Application Serial No. 88533555

 

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. 

 

 

/Andrea R. Hack/

Andrea Hack

Examining Attorney

Law Office 108

571-272-5413

andrea.hack@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 October 18, 2019, 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.”