To: | VitaRx LLC (charles@charleslriddle.com) |
Subject: | U.S. Trademark Application Serial No. 88606484 - VITARX - R-11105 |
Sent: | December 09, 2019 09:19:11 AM |
Sent As: | ecom110@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88606484
Mark: VITARX
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Correspondence Address: |
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Applicant: VitaRx LLC
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Reference/Docket No. R-11105
Correspondence Email Address: |
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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 09, 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.
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).
Dates of Use
Applicant may clarify the dates of first use by satisfying one of the following:
(1) If the mark was in use in commerce on or before the application filing date, applicant must amend the date(s) of first use to specify the correct date(s), verified with an affidavit or signed declaration under 37 C.F.R. §2.20. TMEP §903.04; see 37 C.F.R. §§2.71(c), 2.193(e)(1).
(2) If the mark was not in use in commerce on or before the application filing date, applicant may amend the filing basis to intent to use under Section 1(b), if applicant can meet the requirements for the new basis. TMEP §903.04; see TMEP §806.03(c). With this option, “registration may not be granted until the applicant files an acceptable allegation of use.” TMEP §1103.
For an overview of the response options referenced above and instructions on how to satisfy these requirements online using the Trademark Electronic Application System (TEAS) form, please go to the Dates of Use webpage.
How to respond. Click to file a response to this nonfinal Office action.
/Laura Gorman Kovalsky/
Trademark Attorney, Law Office 110
571.272.9182 phone
(Telephone and e-mail inquiries are welcome; however, responses are not accepted via e-mail)
RESPONSE GUIDANCE