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:  December 02, 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 OF OFFICE’S DATABASE OF MARKS

 

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).

 

SUMMARY OF ISSUES:

• Amendment to Identification and Classification of Goods Required
• Copy of Foreign Registration Required

 

1. COPY OF FOREIGN REGISTRATION REQUIRED

 

The application specifies both an intent to use basis under Trademark Act Section 1(b) and a claim of priority under Section 44(d) based on a foreign application.  See 15 U.S.C. §§1051(b), 1126(d); 37 C.F.R. §2.34(a)(2), (a)(4).  However, no copy of a foreign registration has been provided even though the application indicates applicant’s intent to rely on Section 44(e) as an additional basis for registration.  See 15 U.S.C. §1126(e).

 

An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an applicant’s country of origin.  15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004, 1004.01, 1016.  In addition, an applicant’s country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law.  15 U.S.C. §1126(b); TMEP §§1002.01, 1004.

 

Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available.  TMEP §1003.04(a).  A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in applicant’s country of origin.  TMEP §1004.01.  If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to applicant’s country of origin.  TMEP §1016.  In addition, applicant must also provide an English translation if the foreign registration is not written in English.  37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b).  The translation should be signed by the translator.  TMEP §1004.01(b).

 

If the foreign registration has not yet issued, or applicant requires additional time to procure a copy of the foreign registration (and English translation, as appropriate), applicant should so inform the trademark examining attorney and request that the U.S. application be suspended until a copy of the foreign registration is available.  TMEP §§716.02(b), 1003.04(b).

 

If applicant cannot satisfy the requirements of a Section 44(e) basis, applicant may request that the mark be approved for publication based solely on the Section 1(b) basis.  See 15 U.S.C. §§1051(b), 1126(e); 37 C.F.R. §2.35(b)(1); TMEP §§806.02(f), 806.04(b), 1003.04(b).  Although the mark may be approved for publication on the Section 1(b) basis, it will not register until an acceptable allegation of use has been filed.  See 15 U.S.C. §1051(c)-(d); 37 C.F.R. §§2.76, 2.88; TMEP §1103.  Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration.  See 37 C.F.R. §2.35(b)(3)-(4); TMEP §§806.02(f), 806.04(b). 

 

Alternatively, applicant has the option to amend the application to rely solely on the Section 44(e) basis and request deletion of the Section 1(b) basis.  See 37 C.F.R. §2.35(b)(1); TMEP §806.04.  The foreign registration alone may serve as the basis for obtaining a U.S. registration.  See 37 C.F.R. §2.34(a)(3); TMEP §806.01(d).

 

Applicant must also respond to the requirements set forth below.

 

2. AMENDMENT TO IDENTIFICATION AND CLASSIFICATION OF GOODS REQUIRED

 

The identification of goods must be amended because it includes wording that is indefinite, overly broad, or could be classified in other classes, as further explained below.

 

Applicant used the following identification in its application:

 

International Class 1: Chemical additives for use in the manufacture of foods, beverages, food and beverage supplements, and dietary, nutritional, and energy supplements; diagnostic preparations, other than for medical or veterinary purposes; diagnostic test kits other than for medical or veterinary purposes

 

International Class 3: Cosmetics; non-medicated skin care preparations

 

International Class 5: Dietetic foods, namely, yogurt, pudding, fruit-based food bars, nut-based food bars, soy-based food bars, grain-based food bars, chocolate-based ready-to-eat food bars, cereal-based food bars, edible gels, and chocolate bars; dietetic beverages, namely, smoothies, dairy-based beverages, yogurt-based beverages, fruit beverages, fruit juices, water, and nutritionally fortified beverages adapted for medical purposes; dietary, nutritional, and mineral supplements; dietary supplements for pets and livestock; preparations of vitamins; nutritional additives for medical purposes for use in foods and dietary supplements for human consumption; nutritional additives for medical purposes for use in foods and dietary supplements for veterinary use; liquid dietary and nutritional supplements; chocolate based meal replacement drinks for weight loss purposes; dietary supplement drink mixes; Nutritional supplement meal replacement bars for boosting energy; nutritional supplement energy bars; powdered nutritional, dietary and mineral supplement drink mix; dietary supplement drink mixes; food for babies; chemical additives as component ingredients of dietetic foods, namely, yogurt, pudding, fruit-based food bars, nut-based food bars, soy-based food bars, grain-based food bars, chocolate-based ready-to-eat food bars, cereal-based food bars, and edible gels adapted for medical purposes; chemical additives as component ingredients of dietetic beverages, namely, smoothies, dairy-based beverages, yogurt-based beverages, fruit beverages, fruit juices, water, and nutritionally fortified beverages adapted for medical purposes; chemical additives as component ingredients of dietary, nutritional, and mineral supplements; chemical additives as component ingredients of dietary supplements for pets and livestock; chemical additives as component ingredients of preparations of vitamins; chemical additives as component ingredients of nutritional additives for medical purposes for use in foods and dietary supplements for human consumption; chemical additives as component ingredients of nutritional additives for medical purposes for use in foods and dietary supplements for veterinary use; chemical additives as component ingredients of liquid dietary and nutritional supplements; chemical additives as component ingredients of chocolate based meal replacement drinks for weight loss purposes; chemical additives as component ingredients of dietary supplement drink mixes; chemical additives as component ingredients of nutritional supplement meal replacement bars for boosting energy; chemical additives as component ingredients of nutritional supplement energy bars; chemical additives as component ingredients of powdered nutritional, dietary and mineral supplement drink mix; chemical additives as component ingredients of dietary supplement drink mixes; chemical additives as component ingredients of food for babies; diagnostic preparations for medical purposes; diagnostic test kits for medical purposes; medicated cosmetics; medicated skin care preparations

 

International Class 29: Milk products, namely, yogurt, yogurt-based beverages, cottage cheese; plain or flavored milk beverages with high milk content; milk beverages containing fruit; fermented plain or flavored milk; broths; unflavored and unsweetened gelatin mixes; and thickened milk; dairy-based and fruit-based food beverages containing fortified nutrients; chemical additives as component ingredients of yogurt, yogurt-based beverages, cottage cheese, plain or flavored milk beverages with high milk content, milk beverages containing fruit, fermented plain or flavored milk, broths, unflavored and unsweetened gelatin mixes, and dairy-based and fruit-based food beverages containing fortified nutrients

 

International Class 30: Cocoa; bread; chocolate; cocoa-based beverages; chocolate-based beverages; puffed rice; breakfast cereals; biscuits; wafers; waffles; cakes; pastries; cereal-based snack foods; ready to eat cereal derived food bars; grain-based food bars; bakery goods; flavored and sweetened gelatin desserts; pudding and pudding mixes; cookies; milk shake mixes; chemical additives as component ingredients of bread, cocoa-based beverages, chocolate-based beverages, puffed rice, breakfast cereals, biscuits, wafers, waffles, cakes, pastries, edible ices, ice creams, frozen yogurts, cereal-based snack foods, ready to eat cereal derived food bars, grain-based food bars, bakery goods, flavored and sweetened gelatin desserts, pudding and pudding mixes, cookies, milk shake mixes, and thickening agents for use in food and beverages

 

International Class 32: Mineral and aerated waters; fruit drinks and fruit juices; non-alcoholic drinks, namely, smoothies; syrups for making beverages; preparations for making beverages, namely, fruit drinks; still or sparkling water; vegetable juices, vegetable drinks, lemonades; soft drinks, namely, sodas; syrups used in the preparation of soft drinks; isotonic drinks; sports drinks; thirst-quenching beverages, namely, soft drinks in liquid, powder and concentrate form; sports drinks, namely, energy drinks, performance drinks and recovery drinks; sports drinks enhanced with minerals and nutrients; powders and concentrates used in the preparation of sports drinks; energy drinks enhanced with minerals; chemical additives as component ingredients of mineral and aerated waters, fruit drinks and fruit juices, non-alcoholic smoothies, syrups for making beverages, preparations for making fruit drinks, still or sparkling water, vegetable juices, vegetable drinks, lemonades, sodas, isotonic drinks, sports drinks, soft drinks in liquid, powder and concentrate form, energy drinks, performance drinks, recovery drinks, sports drinks enhanced with minerals and nutrients, powders and concentrates used in the preparation of sports drinks, energy drinks enhanced with minerals, and syrups used in the preparation of soft drinks

 

Diagnostic test kits:  The identification for “diagnostic test kits other than for medical or veterinary purposes” in International Class 1 and “diagnostic test kits for medical purposes” in International Class 5 are indefinite and must be clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §§1401.05(a), 1402.01, 1402.03.  Kits generally consist of a group of components that (1) share a common theme, or (2) are used to make a particular product.  See TMEP §1401.05(a).  Applicant must amend the identification to list the components, using the guidelines below.  See id.

 

For kits consisting of a group of components that share a common theme, the identification should specify the theme followed by the wording “comprising” or “comprised of” and a list of the components that make up the kit, with all of the components in the predominant class listed first.  See id.  Generally, a kit is classified in the same international class as the majority of the components in the kit.  See id.  For example, “nail care kits comprised of nail polish, nail polish remover, false nails, nail files, and printed instructions” are in International Class 3, the class of the kits’ primary components which are listed first in the kits’ components (with “nail files” in International Class 8, and “printed instructions” in International Class 16 listed after the International Class 3 components).

 

If there are no components that are more dominant than another in a shared-theme kit, the first component listed after the wording “comprising” or “comprised of” will determine the class of the kit.  See id.  For example, “tool kits comprising hand saws and power-driven saws” are in International Class 8 (the class for “hand saws”), and “tool kits comprising power-driven saws and hand saws” are in International Class 7 (the class for “power-driven saws”).

 

For kits that make a particular product, the identification must specify the product being made using the following format:  “kits for making [specify item] comprising [specify components]” or “kits for making [specify item] comprised of [specify components].”  See id.  Generally, this type of kit is classified in the international class of the product being made.  For example, “kits for making wine consisting of fresh grapes and chemicals for fermenting wine” are classified in International Class 33 (the class for “wine”).

 

For example, “diagnostic test kits other than for medical or veterinary purposes” in International Class 1 could be “diagnostic test kits other than for medical or veterinary purposes comprised of ammonia, nitrate, and chlorine” and “diagnostic test kits for medical purposes” could be “diagnostic test kits for medical purposes comprised of medical diagnostic reagents and assays that test for the presence of drugs.”

 

For examples of other acceptable identifications for kits (e.g., sewing kits, face painting kits), please see the USPTO’s U.S. Acceptable Identification of Goods and Services Manual (ID Manual).

 

“Chemical additives as component ingredients of”: Applicant has numerous identifications that start with “chemical additives as component ingredients of.” Applicant must indicate the generic name of food additives and their purpose and classify them according to their purpose.  The key classification issue is whether the food additives are for food manufacturing purposes and, therefore, are classified in Class 1 or are for cooking and baking purposes and, therefore, are classified in Classes 29-33 according to their nature.  As a “component ingredient” of a food item belonging in International Class 5, they may also be classified there, when appropriate.

 

For example, this could be “chemical additives used as a component ingredient in the manufacture of {specify goods}” in International Class 1 or it could be “chemical additives sold as a featured component ingredient of dietetic foods, namely, yogurt, pudding, fruit-based food bars…” in International Class 5.

 

Duplicate Entries:  Applicant is advised to delete or modify the duplicate entries for “dietary supplement drink mixes” and “chemical additives as component ingredients of dietary supplement drink mixes” in the identification of goods in International Class 5.  See generally TMEP §§1402.01, 1402.01(a).  If applicant does not respond to this issue, be advised that the USPTO will remove duplicate entries from the identification prior to registration.

 

If modifying one of the duplicate entries, applicant may amend it to clarify or limit the goods, but not to broaden or expand the goods beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Also, generally, any deleted goods may not later be reinserted.  TMEP §1402.07(e).

 

Indefinite Identifications:  Applicant must clarify the below wording in the identification of goods because it is indefinite and, in some instances, too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are, for the reasons set forth below.

 

International Class 5:

Dietetic foods, namely, yogurt, pudding, fruit-based food bars, nut-based food bars, soy-based food bars, grain-based food bars, chocolate-based ready-to-eat food bars, cereal-based food bars, edible gels, and chocolate bars (Must specify that they are “for medical use.”  For example, this could be “dietetic foods, namely, yogurt, pudding, fruit-based food bars, nut-based food bars, soy-based food bars, grain-based food bars, chocolate-based ready-to-eat food bars, cereal-based food bars, edible gels, and chocolate bars, for medical use.”);

Edible gels (Must specify the type of edible gel.  For example, this could be “processed fruit in the form of edible gels” or “sweetened gelatin snacks in the nature of edible gels”);

Nutritional additives for medical purposes for use in foods and dietary supplements for human consumption (This identification has been deleted under the 10th Edition of the Nice Agreement.  “Additives in the nature of dietary supplements for humans” is acceptable wording);

Nutritional additives for medical purposes for use in foods and dietary supplements for veterinary use (This identification has been deleted under the 10th Edition of the Nice Agreement.  “Additives in the nature of dietary supplements for animals” is acceptable wording);

 

International Class 29:

Milk products, namely, yogurt, yogurt-based beverages, cottage cheese; (The identification is indefinite.  “Milk-based products, namely, yogurt, yogurt-based beverages, cottage cheese” is acceptable wording.);

 

International Class 30:

Pudding (Must specify the type.  For example, this could be “dessert puddings” or “rice pudding”) and pudding mixes; cookies; milk shake mixes;

Thickening agents for use in food and beverages (Thickening agents for use in food and beverages must be clarified because it is too broad and could include goods in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass “thickening agents for industrial beverage manufacturing purposes” in International Class 1 or it could be “thickening agents for use in cooking food”.

 

Misclassification:  The goods listed as “milk shake mixes” in International Class 30 are classified incorrectly.  Applicant must amend the application to classify the goods in International Class 29.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).

 

Applicant may substitute the following wording, if accurate: 

International Class 1:  Chemical additives for use in the manufacture of foods, beverages, food and beverage supplements, and dietary, nutritional, and energy supplements; diagnostic preparations, other than for medical or veterinary purposes; diagnostic test kits other than for medical or veterinary purposes comprised of ammonia, nitrate, and chlorine; thickening agents for industrial beverage manufacturing purposes

 

International Class 3: Cosmetics; non-medicated skin care preparations

 

International Class 5:  Dietetic foods, namely, yogurt, pudding, fruit-based food bars, nut-based food bars, soy-based food bars, grain-based food bars, chocolate-based ready-to-eat food bars, cereal-based food bars, edible gels, and chocolate bars, for medical use; dietetic beverages, namely, smoothies, dairy-based beverages, yogurt-based beverages, fruit beverages, fruit juices, water, and nutritionally fortified beverages adapted for medical purposes; dietary, nutritional, and mineral supplements; dietary supplements for pets and livestock; preparations of vitamins; additives in the nature of dietary supplements for humans;  additives in the nature of dietary supplements for animals; liquid dietary and nutritional supplements; chocolate based meal replacement drinks for weight loss purposes; dietary supplement drink mixes; Nutritional supplement meal replacement bars for boosting energy; nutritional supplement energy bars; powdered nutritional, dietary and mineral supplement drink mix; food for babies; chemical additives sold as a featured component ingredient of dietetic foods, namely, yogurt, pudding, fruit-based food bars, nut-based food bars, soy-based food bars, grain-based food bars, chocolate-based ready-to-eat food bars, cereal-based food bars, and sweetened gelatin snacks in the nature of edible gels adapted for medical purposes; chemical additives sold as a featured component ingredient of dietetic beverages, namely, smoothies, dairy-based beverages, yogurt-based beverages, fruit beverages, fruit juices, water, and nutritionally fortified beverages adapted for medical purposes; chemical additives sold as a featured component ingredient of dietary, nutritional, and mineral supplements; chemical additives sold as a featured component ingredient of dietary supplements for pets and livestock; chemical additives sold as a featured component ingredient of preparations of vitamins; chemical additives sold as a featured component ingredient of additives in the nature of dietary supplements for humans; chemical additives sold as a featured component ingredient of additives in the nature of dietary supplements for veterinary use; chemical additives sold as a featured component ingredient of liquid dietary and nutritional supplements; chemical additives sold as a featured component ingredient of chocolate based meal replacement drinks for weight loss purposes; chemical additives sold as a featured component ingredient of dietary supplement drink mixes; chemical additives as component ingredients of nutritional supplement meal replacement bars for boosting energy; chemical additives sold as a featured component ingredient of nutritional supplement energy bars; chemical additives sold as a featured component ingredient of powdered nutritional, dietary and mineral supplement drink mix; chemical additives sold as a featured component ingredient of food for babies; diagnostic preparations for medical purposes; diagnostic test kits for medical purposes comprised of medical diagnostic reagents and assays that test for the presence of drugs; medicated cosmetics; medicated skin care preparations

 

International Class 29: Milk-based products, namely, yogurt, yogurt-based beverages, cottage cheese; plain or flavored milk beverages with high milk content; milk beverages containing fruit; fermented plain or flavored milk; broths; unflavored and unsweetened gelatin mixes; and thickened milk; dairy-based and fruit-based food beverages containing fortified nutrients; chemical additives sold as a featured component ingredient of yogurt, yogurt-based beverages, cottage cheese, plain or flavored milk beverages with high milk content, milk beverages containing fruit, fermented plain or flavored milk, broths, unflavored and unsweetened gelatin mixes, milk shake mixes, and dairy-based and fruit-based food beverages containing fortified nutrients; milk shake mixes

 

International Class 30: Cocoa; bread; chocolate; cocoa-based beverages; chocolate-based beverages; puffed rice; breakfast cereals; biscuits; wafers; waffles; cakes; pastries; cereal-based snack foods; ready to eat cereal derived food bars; grain-based food bars; bakery goods; flavored and sweetened gelatin desserts; dessert pudding and pudding mixes; cookies; chemical additives sold as a featured component ingredient of bread, cocoa-based beverages, chocolate-based beverages, puffed rice, breakfast cereals, biscuits, wafers, waffles, cakes, pastries, edible ices, ice creams, frozen yogurts, cereal-based snack foods, ready to eat cereal derived food bars, grain-based food bars, bakery goods, flavored and sweetened gelatin desserts, dessert pudding and pudding mixes, cookies, and thickening agents for use in cooking food

 

International Class 32: Mineral and aerated waters; fruit drinks and fruit juices; non-alcoholic drinks, namely, smoothies; syrups for making beverages; preparations for making beverages, namely, fruit drinks; still or sparkling water; vegetable juices, vegetable drinks, lemonades; soft drinks, namely, sodas; syrups used in the preparation of soft drinks; isotonic drinks; sports drinks; thirst-quenching beverages, namely, soft drinks in liquid, powder and concentrate form; sports drinks, namely, energy drinks, performance drinks and recovery drinks; sports drinks enhanced with minerals and nutrients; powders and concentrates used in the preparation of sports drinks; energy drinks enhanced with minerals; chemical additives sold as a featured component ingredient of mineral and aerated waters, fruit drinks and fruit juices, non-alcoholic smoothies, syrups for making beverages, preparations for making fruit drinks, still or sparkling water, vegetable juices, vegetable drinks, lemonades, sodas, isotonic drinks, sports drinks, soft drinks in liquid, powder and concentrate form, energy drinks, performance drinks, recovery drinks, sports drinks enhanced with minerals and nutrients, powders and concentrates used in the preparation of sports drinks, energy drinks enhanced with minerals, and syrups used in the preparation of soft drinks

 

Applicant may amend the identification to clarify or limit the goods, but not to broaden or expand the goods 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 may not later be reinserted.  See TMEP §1402.07(e).  Additionally, for U.S. applications filed under Trademark Act Section 44(e), the scope of the identification for purposes of permissible amendments may not exceed the scope of the goods identified in the foreign registration.  37 C.F.R. §2.32(a)(6); Marmark, Ltd. v. Nutrexpa, S.A., 12 USPQ2d 1843, 1845 (TTAB 1989) (citing In re Löwenbräu München, 175 USPQ 178, 181 (TTAB 1972)); TMEP §§1012, 1402.01(b).

 

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.

 

Response guidelines:

 

For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action.  For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above.  For a requirement, applicant should set forth the changes or statements.  Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.

 

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  

 

 

Edward Germick

/Edward J. Germick/

Examing Attorney

Law Office 102

(571) 272-5862

edward.germick@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 December 02, 2019 for

U.S. Trademark Application Serial No. 88570397

 

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. 

 

 

Edward Germick

/Edward J. Germick/

Examing Attorney

Law Office 102

(571) 272-5862

edward.germick@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 December 02, 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.”