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:  January 27, 2020

 

 

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

•  Identification and Classification of Goods and Services

•  Section 44(d) Sole Basis

 

Section 2(d) Refusal – Likelihood of Confusion

 

THIS REFUSAL APPLIES ONLY TO THE GOODS SPECIFIED THEREIN

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 3200530.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registration(s).

 

Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely a consumer would be confused, mistaken, or deceived as to the source of the goods and/or services of the applicant and registrant(s).  See 15 U.S.C. §1052(d).  Determining likelihood of confusion is made 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).  In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017).  However, “[n]ot all of the [du Pont] factors are relevant to every case, and only factors of significance to the particular mark need be considered.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1366, 101 USPQ2d 1713, 1719 (Fed. Cir. 2012) (quoting In re Mighty Leaf Tea, 601. F.3d 1342, 1346, 94 USPQ2d 1257, 1259 (Fed. Cir 2010)).  The USPTO may focus its analysis “on dispositive factors, such as similarity of the marks and relatedness of the goods [and/or services].”  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)); see TMEP §1207.01. 

 

Similarity of Marks

Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.  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)); TMEP §1207.01(b)-(b)(v).  “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.”  In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014) (citing In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581, 1586 (TTAB 2007)); In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988)); TMEP §1207.01(b).

 

In the present case, applicant’s mark is XPS and registrant’s mark is XPS. 

 

These marks are 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 are identical, 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 and/or services.  Id.

 

Where the marks of the respective parties are identical or virtually identical, as in this case, the degree of similarity or relatedness between the goods and/or services needed to support a finding of likelihood of confusion declines.  See In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411 (TTAB 2015) (citing In re Shell Oil Co., 992 F.2d 1204, 1207, 26 USPQ2d 1687, 1689 (Fed. Cir. 1993)), aff’d, 866 F.3d 1315, 123 USPQ2d 1744 (Fed. Cir. 2017); TMEP §1207.01(a).

 

Relatedness of Goods

The goods and/or services 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 applicant’s goods are “athletic clothing; baby clothing; casual clothing; children's clothing; fishing clothing; camouflage clothing for hunting; jackets; outdoor winter clothing; sports clothing; motorcycle boots; motorcycle gloves; motorcycle jackets.”

 

The registrant’s goods are “hunting and outdoor gear, namely, jackets, thermal pants, thermal shirts, rainwear, and wet suits.”

 

Determining likelihood of confusion is based on the description of the goods and/or services stated in the application and registration at issue, not on extrinsic evidence of actual use.  See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).  

 

In this case, the application uses broad wording to describe “athletic clothing; baby clothing; casual clothing; children's clothing; fishing clothing; camouflage clothing for hunting; jackets; outdoor winter clothing; sports clothing; motorcycle jackets” which presumably encompasses all goods of the type described, including registrant’s more narrow “hunting and outdoor gear, namely, jackets, thermal pants, thermal shirts, rainwear, and wet suits.”  See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015).  Thus, applicant’s and registrant’s goods are legally identical.  See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v.Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).

 

The compared goods and/or services 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/or 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).

 

With respect to the other goods, the attached internet evidence from Rocky’s Great Outdoors, M.W. Reynolds and Revzilla establishes that companies like the applicant that produce motorcycle clothing also produce hunting and outdoor clothing, like the registrant. This evidence shows that applicant’s and registrant’s goods overlap and are commonly available from a single source. Moreover, this evidence indicates that the relevant consumers are likely accustomed to encountering motorcycle clothing and hunting and outdoor clothing emanating from the same source and offered under the same mark. 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).

 

Accordingly, the goods of applicant and the registrant(s) are considered related for purposes of the likelihood of confusion analysis.

 

Upon encountering identical marks and identical and closely related goods, consumers would mistakenly believe that applicant’s goods and registrant’s goods emanate from a common source, and thus a likelihood of confusion as to source would result.  Therefore, applicant’s mark is not entitled to registration.

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

 

Identification and Classification of Goods and Services

 

The identification of goods in Class 05 is accepted as written.

 

Some of the wording in the identification of goods is indefinite and broad and must be clarified because the wording does not make clear the nature of the goods and could include goods in more than one class.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  See the suggestions in bold below.

 

Applicant may substitute the following wording, if accurate: 

 

Class 01:  Leather-waterproofing chemicals; antifreezes and fuel stabilizers being chemical additives for vehicles, motorcycles, automobiles, recreational vehicles, snowmobiles, personal watercraft, boats, all-terrain vehicles, three-wheeled vehicles, side-by-side vehicles and outboard engines; chemical agents for impregnating, binding or coating of textiles, furs and leather, non-wovens and fabrics; hydraulic fluid and chemical additive to stabilize gasoline and help prevent formation of gum and varnish in fuel systems; liquid neoprene being chemical sealants for use with electrical terminals, throttle and gearshift controls and terminal boards to provide sealing properties and corrosion resistance for such items; chemical additives for fuel and lubricants; chemical motor oil additives all for vehicles, motorcycles, automobiles, recreational vehicles and outboard engines; adhesives for ceramic coating; chemical agents for coating textiles, furs and leather, non-wovens and fabrics; polymer coating agents for vehicles; ceramic coating agents for vehicles; chemical compounds to provide UV protection for use in polymers, fibers, fabrics, liquids and coatings; chemicals for liquid coolants, chemicals to be used in lubricants composition; chemicals to be used in the composition of cleaners for mechanical parts, chains and air filters for motorized vehicles; solvents for varnishes; compositions for repairing tires, namely, tire sealing compounds; chemicals used in industry, agriculture, horticulture and forestry, except fungicides, herbicides, insecticides and parasiticides; adhesives used in industry; chemicals for absorbing oils, greases and lubricants, used in the maintenance of vehicle engines and of all machine engines; wetting agents used in the maintenance of vehicle engines and of all machine engines; vehicles, motorcycles, automobiles, recreational vehicles, snowmobiles, personal watercraft, boats, all-terrain vehicles, three-wheeled vehicles, side-by-side vehicles and outboard engines cooling system rust inhibitors; quenching fluids for use in metalworking; hydraulic, brake and shock absorber fluids; chemical preparations inhibiting ice; chemical additives for fuel treatment; foam suppressing chemical additives for fuel; dielectric coolants for vehicle engines and outboard engines; refrigerant gases for use in air conditioning products; detergents for use in the manufacture of motor oils; transmission fluid; transmission oils; chemical preparations, namely, degreasing and cleaning solvents for domestic, household and industrial use; chemical additives for use in the manufacture of degreasing and cleaning solvents for domestic, household and industrial use; chemical motor oil additives all for recreational vehicles, namely, snowmobiles, all-terrain vehicles, personal watercraft, boats, jet boats, karts and motorcycles; mordants for metals for use in the automotive industry

 

Class 02:  Vehicle finishing coatings in the nature of [specify, e.g., clear coating protectant]; rust preservatives in the nature of a coating; metal corrosion inhibitants in the nature of a coating; anti-corrosive oils and greases; protective coatings having dewatering or water displacing properties, namely, protective coatings for metal surfaces; preservatives for mechanical parts, chains, vehicle bodywork, air filters and other components of motorized vehicles and outboard engines, namely, anti-rust greases and oils; anti-tarnishing preparation for coating metals; protective coatings in the form of sprays for use on metals, mechanical parts and other components of motorized vehicles and outboard engines; paints, varnishes, lacquers; preservatives against rust and against deterioration of wood, namely, anti-rust oils and oil for the preservation of wood; colorants; mordant dyes for use in the automotive industry; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art; rustproofing treatment preparations, namely, rust preventatives in the nature of a coating for use on vehicle wheels and wheel covers

 

Class 03:  [specify type of vehicles, e.g., ATVs], motorcycles, automobiles, recreational vehicles cleaners; [specify type of vehicles, e.g., ATVs], motorcycles, automobiles, recreational vehicles wax preparations; vehicles, motorcycles, automobiles, recreational vehicles cleaners [delete duplicate wording]; [specify type of vehicles, e.g., ATVs], motorcycles, automobiles, recreational vehicles wax; [specify type of vehicles, e.g., airplanes], motorcycles, automobiles, recreational vehicles, snowmobiles, personal watercraft, boats, all-terrain vehicles, three-wheeled vehicles, side-by-side vehicles and outboard engines polish; cleaning preparations for vehicles and outboard engines; detergents for [specify type of vehicles, e.g., automobiles] and outboard engines; kits for removing scratches from automotive finishes and metal trims comprised of buffing compound for [specify type of vehicles, e.g., automobiles] and outboard engines and also comprising wool buffing pads; waxes for leather; rustproofing treatment preparations, namely, rust removing preparations for use on vehicle wheels and wheel covers; preparations for cleaning and protecting motor vehicles wheels; leather cleaning preparations; waxes for leather [delete duplicate wording]; detergent cleaners, namely, detergents for [specify type of vehicles, e.g., automobiles] and outboard engines and all-purpose cleaners; internal engine cleaning preparations, engine degreasing preparations, polishes and vinyl restoring preparations for use on [specify type of vehicles, e.g., airplanes], motorcycles, automobiles, recreational vehicles, snowmobiles, personal watercraft, boats, all-terrain vehicles, three-wheeled vehicles, karts, side-by-side vehicles and outboard engines; non-medicated industrial soap; vehicle and outboard engine refinish restorers to restore and brighten paint finish; detailers in the nature of [specify, e.g., cleaning preparations] for motor vehicles; cosmetic preparations for skincare; disinfectant soaps; soaps for brightening textiles; cleaning products for motorcyclists, namely, skin soap, and cleaning products for their helmets, clothing, and motorcycles, namely, cleaning preparations and laundry soap; creams for leather or imitations of leather, preservative polishes for leather or imitations of leather; polishing creams; polishing preparations; degreasers other than for use in manufacturing operations; detergents for household use; stain remover, oils for cleaning purposes; furbishing preparations, namely, furniture polishes; rust removing preparations; shining preparations being polish; cleaning preparations for mechanical parts, chains, vehicle bodywork, air filters and other components of motorcycle; cleaners for rims, cleaners for motorcycle seats, cleaners for motorcycle helmet and visor, cleaners for chrome and aluminum, cleaners for motorcycle fairings, cleaners for matt surfaces [explain the type of surface and vehicle involved]; all-purpose cleaning preparations; general purpose cleaning liquid preparations; cleaning preparations for industrial use; automobile, [specify type of vehicles, e.g., airplanes], motorcycle and recreational vehicle cleaning preparations, namely, waxes, polishes, leather and vinyl conditioners, glass cleaners, wheel cleaners, and fabric cleaners; preparations for cleaning, polishing, scouring and abrasive preparations for bicycles and bicycle components for domestic and industrial use

 

Class 04:  Automotive engine oils; industrial oils; fuel oils, greases, lubricants, non-chemical motor oil additives, all for recreational vehicles, namely, three-wheeled vehicles, side-by-side vehicles; fuels namely, motor spirit; leather preserving oil and grease; oils for paints; lubricants for motorcycles, automobiles, boats and outboard engines; general purpose greases; general purpose lubricants; petroleum based dust absorbing, wetting [explain this entry because it is generally in Class 01 or otherwise delete] and dust-binding compositions for use with vehicles, motorcycles, automobiles, recreational vehicles, snowmobiles, personal watercraft, boats, all-terrain vehicles, three-wheeled vehicles, side-by-side vehicles, karts, outboard engines for commerce in the building and allied trades, engineering and allied trades, electronic and allied trades and the leisure market; non-chemical motor oil additives for motorcycles, automobiles, boats and outboard engines; non-chemical gasoline additives, non-chemical additives for fuels, lubricants and greases for vehicles, motorcycles, automobiles, recreational vehicles, snowmobiles, personal watercraft, boats, all-terrain vehicles, three-wheeled vehicles, side-by-side vehicles, karts and outboard engines; lubricants for use on bicycles and motorcycles to protect against rust, corrosion and dampness; automotive lubricants; marine lubricants; lubricating oils for the building and allied trades, engineering and allied trades, electronic and allied trades and the leisure market; industrial lubricants; greases for the preservation of leather; leather-preserving oils and greases; additives, not chemical, to motor fuel; vehicle greases; fuels, namely, methylated spirits for fuel, and illuminants, namely, light oils; mineral oils for use in the manufacture of paints; lubricating oils, lubricating greases and gear lube for use with marine propulsion engines, motors and drives; fuel oils, greases, lubricants, non-chemical motor oil additives, all for recreational vehicles, namely, snowmobiles, all-terrain vehicles, personal watercraft, boats, jet boats, karts and motorcycles

 

Class 05:  Preparations for removing odors from carpet, upholstery and other fabric, air fresheners in the nature of air deodorizing preparations; air deodorizer; household deodorizers; room deodorizers; odor neutralizing wipes for household use and for use on automotive interiors; medicated industrial soaps

 

Class 09:  Apparatus for testing gas, liquids and solids, namely, lubricants, hydraulic oils, hydraulic fluids, heat transfer fluids and antifreeze preparations; protective helmets for motorcyclists; dispensers that measure output for use with oil and grease; transportable dispensers that measure output for use with oil and grease; helmets for motorcyclists; protective helmets for riding recreational vehicles, snowmobiles, personal watercraft, boats, all-terrain vehicles, three-wheeled vehicles, side-by-side vehicles, karts; motorcyclist protective clothing and protective clothing for riding recreational vehicles, snowmobiles, personal watercraft, boats, all-terrain vehicles, three-wheeled vehicles, side-by-side vehicles, karts for protection against accident or injury; goggles for motorcyclists and for riding recreational vehicles, snowmobiles, personal watercraft, boats, all-terrain vehicles, three-wheeled vehicles, side-by-side vehicles, karts

 

Class 21:  Articles for cleaning purposes, namely, abrasive pads for cleaning and fabric wipes for cleaning and polishing; all-purpose portable household containers; containers for household use, namely, bins and bowls; combs and brushes for cleaning bicycles, motorcycles, and automotive vehicles; cleaning sponges; polishing materials, namely, polishing cloths, polishing gloves, and polishing leather; wiping cloths, namely, chamois leather for cleaning; cloths for cleaning

 

Class 25:  Athletic clothing, namely, [specify, e.g., shirts, shorts]; baby clothing, namely, [specify, e.g., shirts, shorts]; casual clothing, namely, [specify, e.g., shirts, shorts]; children's clothing, namely, [specify, e.g., shirts, shorts]; fishing clothing, namely, [specify, e.g., shirts, shorts]; camouflage clothing for hunting, namely, [specify, e.g., shirts, shorts]; jackets; outdoor winter clothing, namely, [specify, e.g., parkas]; sports clothing, namely, [specify, e.g., shirts, shorts]; motorcycle boots; motorcycle gloves; motorcycle jackets

 

Class 37:  Servicing, lubrication, maintenance and repair services for [specify type of vehicles, e.g., automobiles], engines and machinery

 

Class 42:  Analysis, testing and monitoring of oils, coolants, greases and lubricants for quality control purposes; monitoring of fuel and lubricant levels in machines and in vehicles for quality control purposes; analysis and diagnosis of wear rates, defects and faults in engines and machinery for quality control purposes; advisory services based upon the results of the aforementioned analysis and diagnosis; monitoring services relating to the servicing, lubrication, maintenance and repair of vehicles, engines and machinery for quality control purposes

 

Additions to Identification Not Permitted

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e). 

 

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.

 

Section 44(d) Sole Basis

 

The application specifies Trademark Act Section 44(d) as the sole filing basis and indicates that applicant intends to rely on Section 44(e) as a basis for registration; however no copy of a foreign registration was provided.  See 15 U.S.C. §1126(d), (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, the 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, the 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 is not yet available, applicant should inform the trademark examining attorney that the foreign application is still pending and request that the U.S. application be suspended until a copy of the foreign registration is available.  TMEP §§716.02(b), 1003.04(a).

 

If applicant cannot satisfy the requirements of the Section 44(e) basis, applicant may amend the basis to Section 1(a) or 1(b), if applicant can satisfy the requirements for the new basis.  See 15 U.S.C. §§1051(a)-(b), 1126(e); TMEP §806.03.  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), 806.03(h).  

 

 

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.    

 

 

/William T. Verhosek/

William T. Verhosek

Trademark Examining Attorney

USPTO/Law Office 114

571-272-9464

william.verhosek@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 January 27, 2020 for

U.S. Trademark Application Serial No. 88634627

 

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. 

 

 

/William T. Verhosek/

William T. Verhosek

Trademark Examining Attorney

USPTO/Law Office 114

571-272-9464

william.verhosek@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 January 27, 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.”