Reconsideration Letter

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

REQUEST FOR RECONSIDERATION

AFTER FINAL ACTION

DENIED

 

 

Issue date:  June 29, 2020

 

Applicant’s request for reconsideration is denied.  See 37 C.F.R. §2.63(b)(3).  The trademark examining attorney has carefully reviewed applicant’s request and determined the request did not:  (1) raise a new issue, (2) resolve all the outstanding issue(s), (3) provide any new or compelling evidence with regard to the outstanding issue(s), or (4) present analysis and arguments that were persuasive or shed new light on the outstanding issue(s).  TMEP §§715.03(a)(ii)(B), 715.04(a). 

 

On April 21, 2020, the trademark examining attorney issued a final specimen refusal because applicant failed to show use of the applied-for mark in commerce with any of applicant’s actually identified goods in Class 009.

 

Applicant’s applied-for mark is VATTUD in standard characters, and applicant’s identified goods in Class 009 are “Baby monitors; Baby scales; Battery chargers; Cabinets for loudspeakers; Computer peripheral apparatus; Converters for electric plugs; Covers for smartphones; Data cables; Data processing equipment, namely, couplers; Ear phones; In-car telephone handset cradles; Measuring rulers; Microphones; Mouse pads; Power adapters; Rechargeable batteries; Sighting telescopes for firearms; Blank USB flash drives.”

 

In its reconsideration request on May 28, 2020 applicant provides specimen images identical/nearly identical to those in its March 23, 2020 response, continuing to refer to the item in the images as “ear phones.”  However, as was proven by the trademark examining attorney’s attached evidence from its April 21, 2020 final refusal—which displays the same specimen images as in applicant’s reconsideration request—applicant instead appears to be using the applied-for mark in connection with a “protective silicone cover and skin” compatible with a specific type of ear phones and repeatedly refers to the goods as a “case,” as opposed to providing the actual ear phones themselves.

 

Applicant’s identification includes no language involving covers/protectors/cases for ear phones.  As such, applicant has failed to show use of the applied-for mark in commerce with any of its actually identified goods in Class 009.

 

Accordingly, the specimen refusal made final in the Office action dated April 21, 2020 is continued and maintained.  See TMEP §§715.03(a)(ii)(B), 715.04(a). 

 

GENERAL RESPONSE GUIDELINES

 

Please call or email the assigned trademark examining attorney with questions about this denial.  Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this denial.  See TMEP §§705.02, 709.06.  The USPTO does not accept emails as responses; however, emails can be used for informal communications and are included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

If applicant has already filed an appeal with the Trademark Trial and Appeal Board, the Board will be notified to resume the appeal.  See TMEP §715.04(a).

 

If applicant has not filed an appeal and time remains in the six-month response period, applicant has the remainder of that time to (1) file another request for reconsideration that complies with and/or overcomes any outstanding final requirement(s) and/or refusal(s), and/or (2) file a notice of appeal to the Board.  TMEP §715.03(a)(ii)(B).  Filing a request for reconsideration does not stay or extend the time for filing an appeal.  37 C.F.R. §2.63(b)(3); see TMEP §715.03(c). 

 

 

Sjogren, Jeffrey

/Jeffrey Sjogren/

Examining Attorney - Law Office 122

jeffrey.sjogren@uspto.gov

Phone: 571-272-5279

Fax: 571-273-5578

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on June 29, 2020 for

U.S. Trademark Application Serial No. 88535013

 

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. 

 

 

Sjogren, Jeffrey

/Jeffrey Sjogren/

Examining Attorney - Law Office 122

jeffrey.sjogren@uspto.gov

Phone: 571-272-5279

Fax: 571-273-5578

 

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 June 29, 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.”