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 10, 2020

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issues 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:

 

In response to this Office action, the applicant must address the following issues:

 

• Drawing Does Not Reproduce Satisfactorily – New Drawing Or Amendment Required
• Incomplete Mark Description And Color Claim – Amendment Required
• Indefinite And Overly Broad Identification Of Goods And Services – Amendment Required
• Clarification Of The Number Of Classes For Which Registration Is Sought Required

 

DRAWING DOES NOT REPRODUCE SATISFACTORILY – NEW DRAWING OR AMENDMENT REQUIRED

 

The drawing is not acceptable because it will not create a high quality image when reproduced.  See TMEP §807.04(a).  Specifically, the drawing appears blurred without clean and sharp lines.  A clear drawing of the mark is an application requirement.  37 C.F.R. §2.52. 

 

Therefore, applicant must submit a new drawing showing a clear depiction of the mark.  All lines must be clean, sharp and solid, and not fine or crowded.  37 C.F.R. §§2.53(c), 2.54(e); TMEP §§807.05(c), 807.06(a).  Additionally, the USPTO will not accept a new drawing in which there are amendments or changes that would materially alter the applied-for mark.  37 C.F.R. §2.72; see TMEP §§807.13 et seq., 807.14 et seq.

 

For more information about drawings and instructions on how to submit a drawing, see the Drawing webpage.

 

INCOMPLETE MARK DESCRIPTION AND COLOR CLAIM – AMENDMENT REQUIRED

 

Applicant must amend the color claim and description to identify all the colors in the drawing of the mark.  See 37 C.F.R. §2.52(b)(1); TMEP §807.07(a)-(a)(ii).  The following colors have been omitted from the color claim:  light blue.  In addition, the following colors have been omitted from the description:  blue, light blue and green.

 

A complete color claim must reference all the colors appearing in the drawing of the mark.  See 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq.  Similarly, a complete description of a mark depicted in color must specify where the colors appear in the literal and design elements of the mark.  See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §§807.07(a) et seq.  If black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark, applicant must so specify in the description.  See TMEP §807.07(d).

 

The following color claim and description are suggested, if accurate:

 

Color claim:  “The colors blue, green and light blue are claimed as a feature of the mark.”

 

Description:  “The mark consists of a stylized letter X, with the left side of the “X” in green, the right side of the “X” in light blue and the diamond in the middle where the sides overlap in blue.”

 

INDEFINITE AND OVERLY BROAD IDENTIFICATION OF GOODS AND SERVICES – AMENDMENT REQUIRED

 

Class 09

 

The wording “communications and/or data processing apparatus and/or software; computer software supplied from the Internet; hardware and/or software ancillary to all the foregoing; software and/or database systems; computer software to enable management, storing, searching and retrieval of data; computer software to enable searching of data; computer software for doctors and/or others involved with medicine; computer software for lawyers and/or others involved with the law; professional service support software; computer software and telecommunications apparatus (including modems) to enable connection to databases and the Internet; providing downloadable software” contains the term “software”.  The identifications for software in International Class 9 is indefinite and too broad and must be clarified to specify (1) the purpose or function of the software and its content or field of use, if content- or field- specific; and (2) whether its format is downloadable, recorded, or online non-downloadable.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.03(d), 1402.11(a).  Downloadable and recorded goods are in International Class 9, whereas providing their temporary, online non-downloadable use is a service in International Class 42.  See TMEP §1402.03(d).   

 

The USPTO requires such specificity in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks.  See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d).

 

In addition, the above identification of goods contains parentheses.  Generally, applicants should not use parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and brackets in registrations to indicate goods and/or services that have been deleted from registrations or in an affidavit of incontestability to indicate goods and/or services not claimed.  See TMEP §1402.12.  The only exception is that parenthetical information is permitted in identifications in an application if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity or scope of the identification, e.g., “fried tofu pieces (abura-age).”  Id.

 

Therefore, applicant must remove the parentheses from the identification and incorporate any parenthetical or bracketed information into the description of the goods and/or services.

 

Further, “communications and/or data processing apparatus and/or software; Internetworking apparatus; network management apparatus” is indefinite.  In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases.  TMEP §1402.03(a); see 37 C.F.R. §2.32(a)(6).  If applicant uses indefinite words such as “apparatus,” such wording must be followed by “namely,” and a list of each specific product identified by its common commercial or generic name.  See TMEP §§1401.05(d), 1402.03(a).

 

In addition, the wording “computer software and telecommunications apparatus (including modems) to enable connection to databases and the Internet” in the identification of goods is indefinite and must be deleted and replaced with a definite term, such as “namely,” “consisting of,” “particularly,” or “in particular.”  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a).  The identification must be specific and all-inclusive.  This wording is an open-ended term (e.g., “including,” “such as”) that is not acceptable because it fails to identify specific goods.  See TMEP §1402.03(a).  Therefore, applicant must delete the wording “including”.

 

Further, “hardware and/or software ancillary to all the foregoing” in the identification of goods for International Class 09 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 metal hardware in Class 06 and computer hardware in Class 09.  Therefore, applicant must specify the goods for classification purposes.

 

In addition, “CD's, CD-ROMs, DVD's, compact cassettes, DAT or other media for carrying multi-media and/or other data” in the identification of goods is indefinite and must be clarified because it is not clear whether the goods are blank or recorded with data.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Further, “DAT or other media” does not clearly identify a specific known product.  Therefore, applicant must specify the nature of the goods to allow the Office to conduct proper likelihood of confusion analysis.

 

Moreover, “providing … publications and other data from the Internet” electronic publications provided on-line from databases or the Internet” in International Class 09 is indefinite and too broad and must be clarified because the wording does not make clear the nature of the publications and could identify publications in International Classes 9 and 41.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03, 1402.11(a)(x).  Applicant must specify (1) the common name of the type of publications, such as brochures, newsletters, or magazines; and (2) the subject matter of the publications.  TMEP §1402.03(e).  If the subject matter is not a significant aspect of the publications, the identification may specify the general character or type of the publications (e.g., downloadable electronic publications in the nature of general feature magazines are acceptable in International Class 9).  Id.  

 

The following are examples of acceptable formats for identifications for online or Internet publications (additional information must be added in each identification below, as indicated in the curly brackets):  

 

Downloadable electronic publications in the nature of {indicate specific nature of publications, e.g., newsletters, journals, books} in the field of {indicate subject matter} in International Class 9;

 

Providing online non-downloadable publications in the nature of {indicate specific nature of publications} in the field of {indicate subject matter} in International Class 41: or  

 

Providing on-line publications in the nature of e-books in the field of {indicate subject matter} in International Class 41.

 

Additionally, “database systems” in the identification of goods for International Class 09 must be clarified because it is too broad and could include goods and/or services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass providing databases in a wide range of fields, which determines the classification of the services.  Therefore, applicant must specify the services for classification purposes.

 

Further, as discussed below, applicant must remove all “and/or” language from the identification of goods and services.

 

Class 42

 

The wording “development and consultancy and services in relation to hardware, software and/or database systems” in the identification of services for International Class 42 must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, the wording “services” refers to all services relating to hardware, software and database systems, which could be classified in a wide range of Classes such as 35, 37 and 42.  In addition, the wording “hardware is indefinite as it could refer to metal hardware or computer hardware.  Therefore, applicant must specify the wording for classification purposes.

 

Further, applicant has included the term “and/or” or “or” in the identification of services.  However, this term is generally not accepted in identifications when (1) it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods or services; (2) the nature of the goods and services is unclear; or (3) classification cannot be determined from such wording.  See TMEP §1402.03(a).  In this case, unclear whether applicant is using the mark, or intends to use the mark, on all the identified services.

 

An application must specify, in an explicit manner, the particular goods or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce.  See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Therefore, applicant should replace “and/or” or “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with the “and/or” or “or” deleted and the goods or services specified using definite and unambiguous language. 

 

Furthermore, “consultancy and management services in relation to information systems and networks” in the identification of services for International Class 42 must be clarified because it is too broad and could include services in other international classes.  In particular, the services could be for the operation and administration of telecommunication systems and networks for others in Class 35 or management of wireless computer networks for others and information technology systems in Class 42.  Therefore, applicant must specify the services for classification purposes.

 

Additionally, the wording “consultancy and technical support services in relation to the supply and installation of hardware and networks” in the identification of services for International Class 42 must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass Class 35 services for the retail supply of computer hardware and networking hardware and Class 37 for the installation of and repair of computer and networking hardware.  Therefore, applicant must specify the services for classification purposes.

 

Further, “consultancy and support services in relation to networks integration and the integration of information systems and network systems” in the identification of services is indefinite and must be clarified because support services can refer to a variety of Class 42 services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Therefore, applicant must specify the services to allow the office to conduct proper likelihood of confusion analyses.

 

In addition, “hardware and software leasing, rental, designing, writing, implementing, maintaining” in the identification of services for International Class 42 must be clarified because it is too broad and could include services in other international classes.  In particular, implementing and maintaining could encompass repair, maintenance and installation of computer hardware in Class 37 and computer hardware and software leasing, rental, design as well as installation and maintenance of computer software in Class 42.  Therefore, applicant must specify the wording for classification purposes.

 

Moreover, “advisory, consultancy, design and support services in relation to office automation and/or medical and/or legal and/or professional service support hardware and/or software” in the identification of services for International Class 42 must be clarified because it is too broad and could include services in other international classes.  In particular, this wording could encompass Class 37 services for the installation of and repair of computer hardware as well as Class 42 services advisory, consultancy, design for computer hardware and software.  Therefore, applicant must specify the services for classification purposes. In addition, as discussed above, applicant should replace the “and/or” language.

 

Furthermore, “design, drawing and commissioned writing, all for the compilation of web pages on the Internet” in the identification of services is indefinite and must be clarified because the wording does not clearly identify a known service, such as compilation of information into computer databases in Class 35.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to specify the common commercial or generic name of the services.  See TMEP §1402.01.  If the services have no common commercial or generic name, applicant must describe or explain the nature of the services using clear and succinct language.  See id.  Therefore, applicant must clarify the nature of the services.

 

Additionally, “medical and legal information provided on-line from a computer data base or from the Internet” in the identification of services for International Class 42 must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass Class 44 medical information services and Class 45 for legal information services.  Therefore, applicant must specify the services for classification purposes.

 

Moreover, “compilation, creation and maintenance of a register of domain names” in the identification of services is indefinite and must be clarified because the wording does not clearly identify a known service, such as domain name registrar services in Class 45.  Therefore, applicant must clarify the nature of the services.

 

Applicant may adopt the following identification, if accurate:

 

Class 09 – “Computers and computer hardware; communications and data processing apparatus, namely, [applicant to specify, e.g. mobile phones, computers, telephones]; [applicant to specify, e.g. downloadable, recorded] software for [applicant to specify, e.g. network management, data processing, electronic communications]; Internetworking apparatus, namely, [applicant to specify, e.g. computer network adapters, Network access server hardware, Network servers, network routers]; network management apparatus, namely, [applicant to specify, e.g. computer network adapters, Network access server hardware, Network servers, network routers]; [applicant to specify, e.g. blank] CD's, CD-ROMs, DVD's, compact cassettes for carrying multi-media and other data; data input and output [computer] hardware; [applicant to specify, e.g. computer] hardware ancillary to all the foregoing; [applicant to specify, e.g. downloadable, recorded] software for [applicant to specify, e.g. network management, data processing, electronic communications];  downloadable software for [applicant to specify, e.g. network management, data processing, electronic communications]; [applicant to specify, e.g. downloadable] publications and other data in the nature of [applicant to specify, e.g. ebooks, newsletters, article] from the Internet in the field of [applicant to specify, e.g. information technology, network management, data processing]; [applicant to specify, e.g. downloadable, recorded] software for [applicant to specify, e.g. network management, data processing, electronic communications]; [applicant to specify, e.g. downloadable, recorded] computer software to enable management, storing, searching and retrieval of data; [applicant to specify, e.g. downloadable, recorded] computer software for doctors and others involved with medicine, namely, [applicant to specify, e.g. software for medical billing, software for medical imaging, software for scheduling of medical appointments]; [applicant to specify, e.g. downloadable, recorded] computer software for lawyers and others involved with the law, namely, [applicant to specify, e.g. software for legal billing, software for brief drafting, software for scheduling of legal appointments]; [applicant to specify, e.g. downloadable, recorded] professional service support software, namely, [applicant to specify, e.g. software for billing, software for scheduling, software for troubleshooting of computer software problems]; [applicant to specify, e.g. downloadable, recorded] computer software supplied from the Internet for [applicant to specify, e.g. network management, data processing, electronic communications]; [applicant to specify, e.g. downloadable] electronic publications provided on-line from databases or the Internet in the nature of [applicant to specify, e.g. ebooks, newsletters, article] from the Internet in the field of [applicant to specify, e.g. information technology, network management, data processing]; [applicant to specify, e.g. downloadable, recorded] computer software and telecommunications apparatus, namely, modems to enable connection to databases and the Internet; [applicant to specify, e.g. downloadable, recorded] computer software to enable searching of data; none of the aforementioned goods being primarily for use in a music or entertainment context.”

 

Class 35 – “consultancy in relation to the [applicant to specify, e.g. retail, wholesale] supply of [applicant to specify, e.g. computer] hardware and [applicant to specify, e.g. computer hardware for] networks; consultancy and management services in relation to information systems and networks, namely, [applicant to specify, e.g. operation and administration of telecommunication systems and networks for others and consulting services related thereto]; design, drawing and commissioned writing, all for the compilation of web pages on the Internet, namely, [applicant to specify, e.g. as compilation of information into computer databases]; [applicant to specify, e.g. providing] database systems in the field of [applicant to specify, e.g. information technology consumer product information];  none of the aforementioned services being primarily provided in a music or entertainment context.”

 

Class 37 – “consultancy and technical support services, namely, [applicant to specify, e.g.  troubleshooting in the nature of the repair of computer hardware, technical advice] in relation to the installation of [applicant to specify, e.g. computer] hardware and [applicant to specify, e.g. computer hardware for] networks; [applicant to specify, e.g. computer] hardware implementing and maintaining, namely, [applicant to specify, e.g. repair, maintenance and installation of computer hardware]; support services in relation to office automation, medical, legal and professional service support [applicant to specify, e.g. computer] hardware, namely, [applicant to specify, e.g.  troubleshooting in the nature of the repair of computer hardware, technical advice in relation to computer hardware installation and repair]; [applicant to specify, e.g. providing] database systems in the field of [applicant to specify, e.g. installation and maintenance of computer hardware];none of the aforementioned services being primarily provided in a music or entertainment context.”

 

Class 41 – “[applicant to specify, e.g. providing online non-downloadable] publications and other data in the nature of [applicant to specify, e.g. ebooks, newsletters, article] from the Internet in the field of [applicant to specify, e.g. information technology, network management, data processing]; [applicant to specify, e.g. non-downloadable] electronic publications provided on-line from databases or the Internet in the nature of [applicant to specify, e.g. ebooks, newsletters, article] from the Internet in the field of [applicant to specify, e.g. information technology, network management, data processing].”

 

Class 42 – “Computer programming; development and consultancy services in relation to [applicant to specify, e.g. computer] hardware, software and database systems; consultancy and management services in relation to information [applicant to specify, e.g. technology] systems and [applicant to specify, e.g. wireless computer] networks for others; consultancy and support services, namely, [applicant to specify, e.g. technical administration of servers for others and troubleshooting in the nature of diagnosing server problems, 24/7 monitoring of network systems, servers and web and database applications and notification of related events and alerts] in relation to networks integration and the integration of information systems and network systems; [applicant to specify, e.g. computer] hardware and software leasing, rental, designing, and writing, and software implementing and maintaining; advisory, consultancy, design and support services, namely, [applicant to specify, e.g. technical administration of servers for others and troubleshooting in the nature of diagnosing server problems, 24/7 monitoring of network systems, servers and web and database applications and notification of related events and alerts], in relation to office automation, medical, legal, and professional service support [applicant to specify, e.g. computer] hardware and software; computer rental; creating and maintaining web sites; hosting the web sites of others; installation and maintenance of computer software; [applicant to specify, e.g. non-downloadable online software for electronic] communications and data processing; [applicant to specify, e.g. non-downloadable online] computer software supplied from the Internet for [applicant to specify, e.g. data processing, management of databases, management of telecommunication networks]; [applicant to specify, e.g. non-downloadable online] software for [applicant to specify, e.g. management of information systems and computer networks]; [applicant to specify, e.g. non-downloadable online] software for [applicant to specify, e.g. data processing, management of databases, management of telecommunication networks]; [applicant to specify, e.g. non-downloadable online] computer software to enable management, storing, searching and retrieval of data; [applicant to specify, e.g. non-downloadable online] computer software to enable searching of data; [applicant to specify, e.g. non-downloadable online] computer software for doctors and others involved with medicine, namely, [applicant to specify, e.g. software for medical billing, software for medical imaging, software for scheduling of medical appointments]; [applicant to specify, e.g. non-downloadable online] computer software for lawyers and others involved with the law, namely, [applicant to specify, e.g. software for legal billing, software for brief drafting, software for scheduling of legal appointments]; [applicant to specify, e.g. non-downloadable online] professional service support software, namely, [applicant to specify, e.g. software for billing, software for scheduling, software for troubleshooting of computer software problems]; [applicant to specify, e.g. non-downloadable online] computer software to enable connection to databases and the Internet; [applicant to specify, e.g. providing] database systems in the field of [applicant to specify, e.g. computer software, computer networks]; none of the aforementioned services being primarily provided in a music or entertainment context.”

 

Class 44 – “medical information provided on-line from a computer data base or from the Internet; none of the aforementioned services being primarily provided in a music or entertainment context.”

 

Class 45 – “legal information provided on-line from a computer data base or from the Internet; [applicant to specify, e.g. domain name registrar services], namely, compilation, creation and maintenance of a register of domain names; none of the aforementioned services being primarily provided in a music or entertainment context”

 

Applicant may amend the identification to clarify or limit the goods and services, but not to broaden or expand the goods and 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 services 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 and services 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.

 

CLARIFICATION OF THE NUMBER OF CLASSES FOR WHICH REGISTRATION IS SOUGHT REQUIRED

 

The application identifies goods and services that are classified in at least 7 classes; however, applicant submitted a fee sufficient for only 2 classes.  In a multiple-class application, a fee for each class is required.  37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01.

 

Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.

 

ADVISORY- MULTIPLE-CLASS APPLICATION REQUIREMENTS

 

The application identifies goods and services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 44:

 

(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 fees already paid (view the USPTO’s current fee schedule). 

 

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 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

RESPONSE TO THIS OFFICE ACTION

 

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.  

 

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 requirements 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. 

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/Emma Sirignano/

Examining Attorney, Law Office 113

United States Patent and Trademark Office

(571) 272-7031

emma.sirignano@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 10, 2020 for

U.S. Trademark Application Serial No. 88640687

 

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. 

 

 

/Emma Sirignano/

Examining Attorney, Law Office 113

United States Patent and Trademark Office

(571) 272-7031

emma.sirignano@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 10, 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.”