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 27, 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.

 

SUMMARY OF ISSUES:

• Section 2(d) Refusal – Likelihood of Confusion
• Classification and Identification of Goods
• Multiple-Class Application Requirements

 

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 4953883.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registration.

 

Applicant’s mark is ZOOBA for “Fresh fruit and vegetables; organic fresh fruit and vegetables; raw fruits and vegetables; unprocessed fruits and vegetables; arrangements of fruits and vegetables; gift baskets of fruits and vegetables; fresh herbs; organic fresh herbs; unprocessed herbs; raw herbs; raw roots, namely, horseradish and ginger; edible seeds; unprocessed edible seeds; sugar cane; raw sugar cane bagasses; fresh beans; raw beans; unprocessed beans; roses; raw wheat; unprocessed wheat; fresh wheat; seeds, namely for, planting, flowers, fruits and vegetables” in Class 31.

 

The registered is  ZOOBA, combined with a design, for, in relevant part, “Processed, canned, dried and preserved fruits, frozen, prepared and packaged meals consisting primarily of meat, fish, poultry or vegetables, all natural meats, namely, buffalo, arrangements of cut fruits, beef, canned fruits, canned processed olives, canned tomatoes, canned, cooked or otherwise processed tomatoes, cheese, cheese containing herbs, cheese containing spices, cheese food, cheese in the form of dips, cheese spreads, cheese, namely, gouda, edam, cheddar and processed cheese, chicken, cooked vegetables, cooking oil, cow's milk, cut fruits bagged, canned and bottled, cut vegetables bagged, canned and bottled, dairy products excluding ice cream, ice milk and frozen yogurt, dairy-based dips, dairy-based spread, diced tomatoes, dips, dried beans, dried lentils, drinkable soups, edible oil, namely, vegetable oil, fish oil and coconut oil, egg product, eggplant parmigiana, eggs, falafel, feta cheese, French fried potatoes, french fries, fresh meat, fresh poultry, frozen chicken, namely, breaded chicken nuggets, chicken strips, chicken breasts, whole chicken, fruit and vegetables salads, fruit concentrates and purees used as ingredients of foods, Fruit peel, Fruit preserves, Fruit pulps, Fruit purees, Fruit rinds, Fruit salads, Fruit salads and vegetable salads, Fruits, namely, processed, canned, dried and preserved fruits, Fruit-based food beverage, Fruit-based organic food bars, also containing fruits, dried fruits, fruit juice, grain, vegetables, nuts, seeds and chocolate, Fruit-based raw food bars, Fruit-based snack food, Fruit-based spreads, Game, Game, not live, Garden salads, Garlic butter, Garlic-based spread, Ghee, Gherkins, Glazed fruits. Goat milk, Grape seed oil, Grapeseed oil, Greek yogurt, Ground almond, ground almonds, Guava paste, Haggis, Half and half, Hamburger, Hardened oils, Hash brown potatoes, Hazelnut spread, Hen eggs, Herrings, not live, Honey butter, Hot chili pepper puree, Hot dogs, Hummus, Hummus chick pea paste, Infused oils for cooking, Instant or pre-cooked soup, Instant or pre-cooked stew, Jams, Jams and marmalades, Jellies, Jellies and jams, Jellies for food, Jellies, jams, Jelly made from devils' tongue root (konnyaku), Legume salads, Legume-based spreads, Lemon juice for cooking purposes, Lime juice for cooking purposes, liver, Luncheon meats, Maize oil, Margarine, Margarine substitutes, Margarine, edible oils and fats, Marinated meat, seafood, fish, poultry and vegetables, Marmalade, Marmalades, Marmalades and jams, Mascarpone, Mashed potatoes, meat, meat preserved, meat stocks, Meat, fish, fruit and vegetable preserves, meat, frozen, meatballs, milk, milk based beverages containing fruit juice, Milk beverages containing fruits, Milk beverages with high milk content, milk curd, milk drinks containing fruits, milk ferments for culinary purposes, Milk-based beverage containing coffee, Milk-based beverages with high milk content, Milk-based beverages containing milk concentrates, vegetable oil and added nutrients, Milk-based beverages with chocolate, Mincemeat, Mixes for making broths, Mixes for making soup, Mold-ripened cheese, Mould-ripened cheese, Moussaka, Mozzarella sticks, Nut and seed-based snack bars, Nut oils, Nut topping, Nut and seed-based snack bars, Oil for cooking, namely, vegetable oil, salad oil and edible oil, Oils and fats for food, Oil-based baking spray containing flour, Oil-based cooking spray, Olive oil, Olive oil, Olive oils, olive pastes, omelets, Onion rings. Organic coconut oil for use in cooking and food preparation, Organic dairy products excluding ice cream, ice milk and frozen yogurt, Organic milk, Organic nut and seed-based snack bars, packaged meats, Palm kernel oil for food, Palm oil, Parmesan cheese, pastrami, pate, peanut butter, peanut butter toppings, peanut oil for food, peanut paste, peanut spread, peanut based food beverages, pectin for culinary purposes, peeled tomatoes, pepper oil, Pepper paste, pepperoni, piccalilli, pickle juice, Pickled cucumbers, Pickled fish, Pickled fruits, Pickled jalapeños, Pickled onions, Pickled peppers, Pickled pigs' feet, Pickled radishes, Pickled vegetables, Pickled vegetables in soy sauce, soybean paste or vinegar, pickled watermelon rind, pickles, potato chips, Potato chips made from yams from sweet potatoes, Potato crisps, Potato crisps and chips, Potato dumplings, Potato flakes, Potato fries, Potato fritters, Potato pancakes, Potato pudding, potato puffs, potato salad, potato skins, potato sticks, potato-based gnocchi, Potato-based snack foods, poultry, poultry and game, poultry substitutes, poultry, namely, chicken, turkey and duck, poultry not live, prawns not live, Preparations for making broths, preparation for making bouillon, preparation for making soup, preparation for making soups, prepared beef, Prepared dishes consisting principally of meat, Prepared entrees consisting primarily of vegetables, soups, fruit salads and vegetable salads, Prepared entrees consisting primarily of seafood, Prepared meals consisting principally of game, Prepared meat, Prepared nuts, prepared pistachio, prepared walnuts, preserved fish, preserved fruit and vegetables, preserved fruits, preserved fruits and vegetables, preserved meat and sausages, preserved peas, preserved vegetables, preserved vegetables (in oil), Preserved. dried and cooked fruit and vegetables, Preserved, dried and cooked vegetables, Preserved, dried and cooked olives, Preserved, dried, cooked and grilled vegetables, Preserved, frozen, dried or cooked vegetables, pre-cooked soup, pre-cut vegetables salad, Pre-packaged dinners consisting of primarily meat served with pasta, rice and vegetables, Processed acai berries, Processed almonds, Processed anchovies, Processed apples, Processed apricots, Processed artichokes, Processed arugula, Processed asparagus, Processed avocados, Processed bean sprouts, Processed beans, Processed bee pollen for food purposes, Processed beets, Processed blueberries, Processed brussel sprouts, Processed cabbage, Processed cactus for food purposes, Processed catfish, Processed cheese, Processed cherries, Processed chia seeds, Processed chickpeas, Processed coconut, Processed collard greens, Processed dates, Processed edamame, Processed edible flowers, Processed edible flowers in crystallized form, Processed edible seeds, Processed eggplant, Processed eggs, Processed fish, Processed fish roe, Processed fish spawn, Processed fruits, Processed fruits, namely, frozen blueberries and fried bananas, Processed fruit- and nut-based food bars, Processed garbanzo beans, Processed garlic, Processed ginseng for use as a vegetable, Processed goji berries, Processed grape leaves, Processed hearts of palm, Processed jicama, Processed kale, Processed kiwi fruit, Processed kola nuts, Processed lamb, Processed laver, Processed lemongrass, Processed lemons, Processed mangos, Processed meat, Processed meat, namely, ham, turkey, lamb and veal, Processed meat, namely, kidneys, Processed mushrooms, Processed mustard greens, Processed nuts, Processed nuts, namely, pistachios, Processed oils and fats, Processed olive puree, Processed olives, Processed olives with peppercorns, Processed onions, Processed oranges, Processed papayas, Processed peaches, Processed peanuts, Processed peels. Processed pepperoncinis, Processed peppers, Processed pignoli pine nuts, Processed pimientos, Processed potatoes, Processed poultry, Processed pumpkin seeds, Processed quince, Processed radicchio, Processed roots, Processed seafood, Processed seafood, namely, fish, Processed shallots, Processed stuffed olives, Processed sunflower seeds, Processed sweet potatoes, Processed tilapia, Processed vegetables and fruits, Processed vegetables, Processed vegetables, namely, cooked cucumber, daikon, mushrooms, bellflower root, spinach, soybean sprouts and bracken fern stems used in bibimbap dishes, Processed vegetables, namely, frozen peas, pre-sliced carrots, Processed yams, Processed, edible seaweed, prunes, pumpkin butter, pumpkin seed oil, quail eggs, raisins, refried beans, refrigerated food package combinations consisting primarily of meat, cheese or processed vegetables for purposes of creating a sandwich, ribs, rice bran oil, ripened cheese, ripened cheeses, roast beef, roasted nuts, roasted nuts, namely, almonds, cashews and mixed nuts, roasted peanuts, Romano cheese, salad oil, salads except macaroni, rice, and pasta salad, Salads, namely, garden salads, fruit salads, vegetable salads, salami, salted meat, sardines not live, sausage meat, sausages, sausages, namely, sujuk, seafood, not live, Seasoned meat, seafood, fish, poultry, and vegetables, Seasoned nuts, seed-based snack bars, seed-based snack foods, sesame oil, sesame oil for food, sheep cheese, sheep milk, shelled nuts, shish kabob, shortening, Shrimp, not live, shrimp not live, shrimps, prawns and lobsters, not live, Sliced fruits, sliced meat, Sliced vegetables, smoked fish, smoked fish, smoked meats, smoked sausages, smoked shellfish, snack dips, snack food dips, Snack mix consisting primarily of processed fruits, processed nuts and/or raisins, snack mix consisting primarily of dehydrated fruits, processed nuts and also including sesame sticks, snack mix consisting primarily of processed nuts, seeds, dried fruit and also including chocolate, Snack mix consisting primarily of processed nuts, and also including seeds, dried fruit and chocolate, snack mix consisting of processed seeds, snack mix consisting primarily of dehydrated fruits, processed nuts and also including sesame sticks, soft cheese, soft white cheese, soft-ripened cheese, soup concentrates, soup cubes, soup mixes, soup pastes, soups, soups and preparations for making soups, sour cream, sour cream substitutes, spicy nuts, namely, almonds, cashews and mixed nuts, spicy peanuts, spicy pickles, stewed fruit, stews, stock prepared, stock cubes, strained cheese, strained soft white cheeses, stuffed olives with feta cheese in sunflower oil, stuffed olives with pesto in sunflower oil, stuffed olives with red pepper and almond, sunflower, tahini being sesame seed paste, tapenades, tinned fish, tinned fruits, tinned meat, tinned meat, fish, vegetables and fruits, tinned olives, tinned seafood, tinned tomatoes, tinned vegetables, tomato extracts, tomato paste, tomato preserves, tomato puree, tuna fish not live, turkey, turkey bacon, turkey sausages, uncooked hamburger patties, uncooked sausages, unflavored and unsweetened gelatins, veal, veal stock, vegetables chips, vegetable juice for cooking, vegetable juices for cooking, vegetable mousse, vegetable oils, vegetable oils and fats for food, vegetable paste, vegetable pudding, namely, savory pudding, vegetable puree, vegetable salads, vegetables in vinegar, vegetables, instant frozen, vegetables, instant frozen, vegetables, namely, processed, frozen, canned and preserved, vegetable-based baking spray containing flour, vegetable-based cooking spray, vegetable-based food beverages, vegetable-based spreads, vegetarian sausages, veggie burger patties. whipped cream, whipped topping, whipping cream, white cheese, white pudding, wieners, yoghurt, yoghurt drinks, yoghurts, yogurt, yogurt drinks, yogurts, yogurt based beverages” in Class 29; “Frozen, prepared or packaged meals consisting primarily of pasta or rice; combination meals consisting of pasta or rice-based entrees and soup or salad for consumption on or off the premises” in Class 30; and “Fresh apples, fresh apricots, fresh artichokes, fresh arugula, fresh asparagus, fresh avocados, fresh bananas, fresh bean sprouts, fresh beans, fresh beets, fresh blueberries, fresh cabbage, fresh carrots, fresh chilies, fresh citrus fruits, fresh cucumbers, fresh culinary herbs, fresh dates, fresh edible flowers, fresh eggplants, fresh fruit, fresh fruit and vegetables, fresh fruits, fresh garden herbs, fresh garlic, fresh ginger, fresh grape cherry tomatoes, fresh grapes, fresh grape for winemaking, fresh herbs, fresh kale, fresh kiwi fruit, fresh leeks, fresh legumes, fresh lemons, fresh lentils, fresh lettuce, fresh limes, fresh mandarin oranges, fresh mangos, fresh melons, fresh onions, fresh oranges fresh papayas, fresh parsley, fresh peaches, fresh peas, fresh peppers, fresh potatoes, fresh pumpkins, fresh spinach, fresh strawberries, fresh sweet potatoes, fresh tangerines, fresh tomatoes, fresh truffles, fresh vegetables, fresh wine grapes, fresh yams, fresh zucchini, gift baskets of fresh fruits, organic fresh fruit, organic fresh fruit and vegetables, organic fresh herbs, organic fresh vegetables, raw apples, raw apricots, raw artichokes, raw asparagus, raw avocados, raw bark, raw bean sprouts, raw beans, raw beets, raw blueberries, raw cabbage, raw dates, raw fruits, raw garlic, raw ginger, raw herbs, raw horseradish root, raw lemons, raw onion, raw oranges, raw peaches, raw peppers, raw potatoes, raw pulses, raw red beans, raw sugar cane bagasses, raw sweet potatoes, raw tomatoes, raw vegetables, raw wheat, raw zucchini, roses, seeds and bulbs, seeds for flowers and sugar cane” in Class 31.

 

Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be confused, mistaken, or deceived as to the commercial source of the goods of the parties.  See 15 U.S.C. §1052(d).  Likelihood of confusion is determined on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) (called the “du Pont factors”).  In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017).  Only those factors that are “relevant and of record” need be considered.  M2 Software, Inc. v. M2 Commc’ns, Inc., 450 F.3d 1378, 1382, 78 USPQ2d 1944, 1947 (Fed. Cir. 2006) (citing Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1241, 73 USPQ2d 1350, 1353 (Fed. Cir. 2004)); see In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1744 (TTAB 2018). 

 

Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis:  (1) the similarities between the compared marks and (2) the relatedness of the compared goods.  See In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); Federated Foods, Inc. v. Fort Howard Paper Co.,544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the marks.”); TMEP §1207.01.

 

SIMILARITY OF THE MARKS

 

In a likelihood of confusion determination, the marks in their entireties are compared for similarities in appearance, sound, connotation, and commercial impression.  In re i.am.symbolic, llc, 866 F.3d 1315, 1323, 123 USPQ2d 1744, 1748 (Fed. Cir. 2017); Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973); TMEP §1207.01(b)-(b)(v). 

 

In the present case, applicant’s mark is ZOOBA and the literal element of registrant’s mark is ZOOBA.  These marks are partially identical in appearance, sound, and meaning, “and have the potential to be used . . . in exactly the same manner.”  In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411 (TTAB 2015), aff’d, 866 F.3d 1315, 123 USPQ2d 1744 (Fed. Cir. 2017).  Additionally, because they have identical literal elements, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrant’s respective goods.  Id.

 

The word portions of the marks are nearly identical in appearance, sound, connotation, and commercial impression; therefore, the addition of registrant’s design element does not obviate the similarity of the marks in this case.  See In re Shell Oil Co., 992 F.2d 1204, 1206, 26 USPQ2d 1687, 1688 (Fed. Cir. 1993); TMEP §1207.01(c)(ii).

 

Because applicant’s mark and registrant’s mark share similar wording and create a similar commercial impression, the marks are confusingly similar.

 

RELATEDNESS OF THE GOODS

 

The goods are compared to determine whether they are similar, commercially related, or travel in the same trade channels.  See Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369-71, 101 USPQ2d 1713, 1722-23 (Fed. Cir. 2012); Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1165, 64 USPQ2d 1375, 1381 (Fed. Cir. 2002); TMEP §§1207.01, 1207.01(a)(vi).

 

The compared goods need not be identical or even competitive to find a likelihood of confusion.  See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000); TMEP §1207.01(a)(i).  They need only be “related in some manner and/or if the circumstances surrounding their marketing are such that they could give rise to the mistaken belief that [the goods and services] emanate from the same source.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).

 

The attached Internet evidence, consisting of screenshots from the websites of Earthbound, Nature’s Promise, Dole, and Safeway Signature, establishes that the same entity commonly provides the relevant goods and markets the goods under the same mark.  Additionally, the relevant goods are sold or provided through the same trade channels and used by the same classes of consumers in the same fields of use.  Thus, applicant’s and registrant’s goods are considered related for likelihood of confusion purposes.  See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB 2009).

 

Therefore, because the marks are confusingly similar and the goods are closely related, purchasers encountering these goods are likely to believe that they emanate from a common source.  Accordingly, there is a likelihood of confusion and registration is refused pursuant to Section 2(d) of the Trademark Act.

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.  However, if applicant responds to the refusal, applicant must also respond to the requirement set forth below.

 

CLASSIFICATION AND IDENTIFICATION OF GOODS

 

The wording “arrangements of fruits and vegetables; gift baskets of fruits and vegetables” in the identification of goods for International Class 31 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: “Arrangements of cut fruits and vegetables” in Class 29.

 

Applicant may substitute the following wording, if accurate: 

 

Class 29: Arrangements of cut fruits and vegetables; Arrangements of processed fruits and vegetables;

 

Class 31: Fresh fruit and vegetables; organic fresh fruit and vegetables; raw fruits and vegetables; unprocessed fruits and vegetables; arrangements of fresh fruits and vegetables; gift baskets of fresh fruits and vegetables; fresh herbs; organic fresh herbs; unprocessed herbs; raw herbs; raw roots, namely, horseradish and ginger; edible seeds; unprocessed edible seeds; sugar cane; raw sugar cane bagasses; fresh beans; raw beans; unprocessed beans; roses; raw wheat; unprocessed wheat; fresh wheat; seeds, namely for, planting, flowers, fruits and vegetables

 

SCOPE ADVISORY: 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).

 

ID MANUAL ONLINE: 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.

 

MULTIPLE-CLASS APPLICATION REQUIREMENTS

 

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

 

(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 already paid (view the USPTO’s current fee schedule).  The application identifies goods that are classified in at least 2 classes; however, applicant submitted a fee sufficient for only 1 class.  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 Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class.  See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a).  See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.

 

RESPONSE GUIDELINES

 

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.    

 

 

/Evelyn Kelley/

Evelyn Kelley

Trademark Examining Attorney

Law Office 127

(571) 270-7321

evelyn.kelley@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 27, 2019 for

U.S. Trademark Application Serial No. 88607025

 

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. 

 

 

/Evelyn Kelley/

Evelyn Kelley

Trademark Examining Attorney

Law Office 127

(571) 270-7321

evelyn.kelley@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 27, 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.”