To: | Zhong Yu (yiyi.jin@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88620803 - GU DA JIE - N/A |
Sent: | December 29, 2019 08:08:25 PM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88620803
Mark: GU DA JIE
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Correspondence Address:
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Applicant: Zhong Yu
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Reference/Docket No. N/A
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 29, 2019
Summary of Issues:
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02. However, applicant must respond to the requirement(s) set forth below.
Requirement – Clarification of Portrait of Person in Mark
Applicant must clarify whether the portrait of a woman in the mark identifies a particular living individual. See 37 C.F.R. §2.61(b); TMEP §§813, 1206.03. In this case, the application neither specifies whether the portrait in the mark identifies a particular living individual nor includes a written consent. See TMEP §§813.01(a)-(b), 1206.04(a), 1206.05.
To register a mark that consists of or comprises a portrait or likeness of a particular living individual, an applicant must provide a written consent personally signed by the shown individual. 15 U.S.C. §1052(c); TMEP §§813, 1206.04(a).
Accordingly, if the portrait or likeness in the mark does not identify a particular living individual, applicant must submit a statement to that effect (e.g., “The portrait or likeness shown in the mark does not identify a particular living individual.”).
However, if the portrait or likeness in the mark does identify a particular living individual, applicant must submit both of the following:
(1) The following statement: “The portrait(s) or likeness(es) shown in the mark identifies a living individual(s) whose consent(s) to register is made of record.”
(2) A written consent, personally signed by the pictured individual(s), as follows: “I, specify ____ [actual name], consent to the use and registration of my likeness as a trademark and/or service mark with the USPTO.”
For an overview of the requirements pertaining to portraits or likenesses appearing in marks, and instructions on how to satisfy this requirement online using the Trademark Electronic Application System (TEAS) response form, please go to http://www.gov.uspto.report/trademarks/law/consent.jsp.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
Requirement – Additional Fee
Applicant must submit an additional processing fee of $125 per class because the application as filed did not meet the TEAS Plus application filing requirements. See 37 C.F.R. §§2.6(a)(1)(v), 2.22(a), (c); TMEP §§819.01 et seq., 819.04. Specifically, applicant failed to meet the following application filing requirement(s): a consent to register the mark from the person identified in the mark (or conversely, if appropriate, a statement that the name or portrait in the mark does not identify a living individual) was not provided.
The additional fee is required even if applicant later corrects this application requirement.
Requirement – Mark Description
The following description is suggested, if accurate: The mark consists of a portrait of a Chinese woman wearing an apron with stylized Chinese characters appearing on the apron.
Requirement – Translation and Transliteration
To permit proper examination of the application, applicant must submit a more accurate transliteration (a phonetic spelling of the pronunciation, in Latin characters) of the non-Latin characters in the mark and a more accurate English translation of the corresponding non-English transliterated wording. See 37 C.F.R. §§2.32(a)(10), 2.61(b); TMEP §809.
Applicant may use the following format, if accurate: The non-Latin characters in the mark transliterate to “GU DA JIE” and this means “a woman with the surname Gu” or “Miss Gu” in English. TMEP §809.03.
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.
/Miroslav Novakovic/
Miroslav Novakovic, Esq.
Trademark Examining Attorney
United States Patent & Trademark Office
Law Office 108
Office: (571) 272-2866
Email: miroslav.novakovic@uspto.gov
RESPONSE GUIDANCE