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 12, 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.
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:
1. Refusal – Failure to Function – Widely-Used Commonplace
Message/Expression
2. Amended Identification of Goods Required
3. Amended Mark Description Required – Accurate But Incomplete
4. Advisory: Applicant May Wish To Seek Trademark Counsel
REFUSAL – FAILURE TO FUNCTION – WIDELY-USED COMMONPLACE MESSAGE/EXPRESSION
Registration is refused because the applied-for mark is a slogan or term that does not function as a
trademark or service mark to indicate the source of applicant’s goods and to identify and distinguish them from others. Trademark Act Sections 1, 2, 3, and 45, 15
U.S.C. §§1051-1053, 1127. In this case, the applied-for mark is a commonplace term, message, or expression widely used by a variety of sources that merely conveys an
ordinary, familiar, well-recognized concept or sentiment. See In re Volvo Cars of N. Am., Inc., 46 USPQ2d 1455, 1460-61
(TTAB 1998) (holding DRIVE SAFELY not registrable for automobiles and automobile parts because the mark would be perceived merely as an “everyday, commonplace safety admonition”); In re Remington Prods., Inc., 3 USPQ2d 1714, 1715-16 (TTAB 1987) (holding PROUDLY MADE IN USA not registrable for electric shavers because the mark would be
perceived merely as a common message encouraging the purchase of domestic-made products); TMEP §1202.04(b).
Terms and expressions that merely convey an informational message are not registrable. In re Eagle
Crest, Inc., 96 USPQ2d 1227, 1229 (TTAB 2010). Determining whether the term or expression functions as a trademark or service mark depends on how it would be
perceived by the relevant public. In re Eagle Crest, Inc., 96 USPQ2d at 1229; In re Aerospace Optics, Inc., 78 USPQ2d
1861, 1862 (TTAB 2006); TMEP §1202.04. “The more commonly a [term or expression] is used, the less likely that the public will use it to identify only one source and
the less likely that it will be recognized by purchasers as a trademark [or service mark].” In re Hulting, 107 USPQ2d 1175, 1177 (TTAB 2013)
(quoting In re Eagle Crest, Inc., 96 USPQ2d at 1229); TMEP §1202.04(b).
The attached Internet evidence from various sources shows that the expression “I'M THE BEST ME THERE IS” is commonly used to refer to an uplifting and
inspirational self-message, namely, something one should tell themselves daily as a way to convey self-affirmation. See specifically, attached
from Awwmemes (“Millionaire Mentor – 5 things to tell yourself daily:…I’m the best me there is”), Slide Player (“Building Your Confidence…5 Thigs to Tell
Yourself Daily…3. I’m the best ME there is!”), Halchal Guru (“5 things to tell yourself daily…2. I’m the best me there is.”), Hiking the Pack Line: Moving from
Grief to a Joyful Life book via Google® (“During this inner workout I’ve found out that I don’t need someone else to think I’m fantastic. I know I’m the best
me there is.”), Counseling Children book via Google® (“’It is impossible for people to be better than other people because everyone is unique.’ In other words, ‘I’m the best me there is.’ The counselor continues with the second step.”), Oprah, in Her Words: Our
American Princess book via Google® (“45) I’m the best me there is.”), and Flickr (“I’m the Best Me There Is: October 30, 2008—I got this bowl at a thrift store a couple of
years ago. I like its cheerful self-affirmation.”).
Because consumers are accustomed to seeing this term or expression commonly used in everyday speech by many different sources, they would not perceive
it as a mark identifying the source of applicant’s goods but rather as only conveying an informational message.
An applicant may not overcome this refusal by filing an AAU and then amending the application to seek registration on the
Supplemental Register or asserting a claim of acquired distinctiveness under Section 2(f). TMEP §1202.04(d); see In re Eagle Crest, Inc., 96 USPQ2d at 1229.
AMENDED IDENTIFICATION OF GOODS REQUIRED
The identification of goods must be clarified because some of the goods are indefinite and/or broad, and therefore, do not
clearly and specifically indicate the nature of goods for which registration is sought. Additionally, some of the goods are duplicate or mis-spelled
entries. Therefore, applicant must amend the referenced wording below in accordance with the bolded, italicized guidance provided. Please note that, in some instances, examining attorney has replaced any unacceptable wording with acceptable wording.
Applicant may adopt the suggested identification of goods below, if accurate. See TMEP
§1402.01.
- “Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic footwear; Athletic footwear for Men, Women, Boys, Girls, Infants;
Athletic jackets; Athletic pants; Athletic shirts; Athletic shoes; Athletic shorts; Athletic skirts; Athletic sweaters; Athletic tights; Athletic tops and bottoms for Men, Women, Boys, Girls,
Infants; Athletic uniforms; Baby bibs not of paper; Baby bodysuits; Baby bottoms; Baby doll pyjamas; Baby tops; Bandanas; Bath robes; Bath sandals; Bath slippers; Bathing caps; Bathing costumes;
Bathing costumes for women; Bathing suits; Bathing suits for men; Bathing trunks; Beach cover-ups; Beach coverups; Beach footwear; Beach shoes; Berets; Bib overalls; Bib overalls for hunting; Bib
shorts; Bib tights; Bibs not of paper; Bibs, not of paper; Bikinis; Bottoms as clothing; Bra extenders; Bra strap cushions; Bra strap pads; Camisettes; Cap peaks; Cap visors; Capri pants; Capris;
Caps being headwear; Caps with visors; Children's and infant's apparel, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's and infants' apparel treated with fire
and heat retardants, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's headwear; Children's underwear; Clothing for wear in judo practices; Clothing for wear in
wrestling games; Clothing items, namely, adhesive pockets that may be affixed directly to the body as a decorative piece of clothing with utility; Clothing items, namely, adhesive pockets that may be
affixed directly to the inside of clothing for storage and safekeeping of personal items; Clothing items, namely, blindfolds worn over the eyes; Clothing items, namely, gags worn over the mouth;
Clothing layettes; Clothing shields, namely, pads applied to the underarms of shirts, blouses and sweaters; Clothing straps for Men, Women, Boys, Girls, Infants; Clothing wraps; Clothing, namely, arm
warmers; Clothing, namely, base layers; Clothing, namely, cowls and smoke ring scarves; Clothing, namely, crops; Clothing, namely, folk costumes; Clothing, namely, hand-warmers; Clothing, namely,
khakis; Clothing, namely, knee warmers; Clothing, namely, maternity bands; Clothing, namely, neck tubes; Clothing, namely, neck warmers; Clothing, namely, thobes; Clothing, namely, wrap-arounds;
Clothing, namely, _____ {indicate specific items in class 025} for Women, containing slimming substances; Coats; Coats for men and
women; Coats made of cotton; Coats of denim; Dress pants; Dress shields; Dress shirts; Dress shoes; Dress straps; Dress suits; Dresses; Dresses made from skins; Dresses that may also be used as
towels; Dresses, namely, _____ {specify type of dresses} for Women; Dressing gowns; Hat frames; Hat liners; Hats; Head wear; Head scarves; Head sweatbands;
Headwear; Hijabs; Hooded pullovers; Hooded sweat shirts; Hooded sweatshirts; Hoods; Infant wear; Infant wearable blankets; Infants' shoes and boots; Infants' trousers; Jeggings; Jeggings, namely,
pants that are partially jeans and partially leggings; Jogging outfits; Jogging pants; Jogging suits; Jumpers; Kimonos; Knickers; Leg shapers; Leg shielding device, attachable to and detachable from
a person's pants, comprised of padding to shield the legs from flying debris when mowing with a string trimmer; Leg warmers; Leg-warmers; Leggings; Leggins; Loungewear; Maternity bras; Maternity
lingerie; Maternity sleepwear; Moisture-wicking sports bras; Moisture-wicking sports pants; Moisture-wicking sports shirts; Night gowns; Night shirts; Nurse overalls; Nurse pants; Nurse's apparel,
namely, _____ {indicate specific items in class 025} for Women; Nursing apparel, namely, _____ {indicate specific items
in class 025} for Women; Nursing bras; Nursing shoes; Pajamas; Pajamas treated with fire and heat retardants; Pants; Ponchos; Pullovers; Pyjamas; [DELETED
“Pyjamas;” as this is a duplicate entry] Robes; Rompers; Running costumes; Running pads that strap onto shoes; Running shoes; Running suits; Shirt fronts; Shirt inserts, namely, dickies;
Shirt yokes; Shirt-jacs; Shirts; Shirts and short-sleeved shirts; Shirts for suits; Short petticoats; Short trousers; Shorts; Skapris; Ski wear; Suits; Suits of leather; Surf wear; Suspender belts;
Suspender belts for men; Suspender belts for women; Suspenders; [DELETED “Suspenders;” as this is a duplicate entry] Sweat bands; Sweat jackets;
Sweat-absorbent socks; Sweat-absorbent stockings; Sweat-absorbent underclothing; Sweat-absorbent underwear; Swim wear; Swim wear for gentlemen and ladies; Swim trunks; Swimming costumes; Swimming
trunks; Swimwear; Tank tops; Tank-tops; Trouser socks; Trouser straps; Trousers; Trousers of leather; Turbans; Twin sets; Underwear; Uniforms; Vest extenders; Vests; Vests for use in barber shops and
salons; Wind resistant jackets; Wind-jackets; Wristbands containing a cooling substance to cool the wearer; A-shirts; Adaptive clothing, namely, _____ {indicate
specific items in class 025} for Men, Women, Boys, Girls, Infants; Adult novelty gag clothing item, namely, socks; Aikido uniforms; American football bibs; Anti-sweat underclothing;
Anti-sweat underwear; Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Babies' pants; Babies' trousers; Balloon pants; Ballroom dancing uniforms; Bandeau
tops; Baseball caps; Baseball caps and hats; Baseball uniforms; Baselayer bottoms; Baselayer tops; Belts; Belts for clothing; Belts made out of cloth; Bermuda shorts; Bibs for babies, sleeved, not of
paper; Birding vests; Board shorts; Body shirts; Body suits; Body suits for Men, Women, Boys, Girls, Infants; Bottoms as clothing for Men, Women, Boys, Girls, Infants; Boxer shorts; Boxing shorts;
Braces as suspenders; Bridal headpieces as headwear in the nature of _____ {indicate type of headwear} for Women; Bridesmaid dresses; Briefs as underwear;
Bucket caps; Bucket hats; Business wear, namely, suits, jackets, trousers, blazers, blouses, shirts, skirts, dresses and footwear; Button down shirts; Button-front aloha shirts; Camouflage pants;
Camouflage shirts; Camouflage vests; Camp shirts; Cargo pants; Cat suits; Chef coats; Chef hats; Chef pants; Chef shirts; Children's and infants' cloth bibs; Children's cloth eating bibs; Choir
robes; Cloche hats; Cloth bibs; Cloth bibs for adult diners; Cloth bibs for use by senior citizens or physically- or mentally-challenged persons; Clothing extenders for Men, Women; Clothing for
athletic use, namely, padded pants; Clothing for athletic use, namely, padded shirts; Clothing for athletic use, namely, padded shorts; Clothing for babies, toddlers and children, treated with fire
and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Coats for Men, Women, Boys, Girls, Infants; Cocktail dresses; Collar guards for protecting clothing collars; Collar liners for
protecting clothing collars; Collar protector pads for application to clothing collars; Collar protector strips for application to clothing collars; Collared shirts; Combative sports uniforms;
Combinations; Corduroy pants; Corduroy shirts; Corduroy trousers; Corsets being clothing; Corsets being foundation clothing; Costumes for use in children's dress up play; Cowboy hats; Crop pants;
Crop tops; Custom made to measure suits for men and women; Cycling bib shorts; Cycling caps; Cycling shorts; Cyclists' jerseys; Dance pants; Denim pants; Denim shorts; Denims; Detachable neckpieces
for kimonos (haneri); Disposable underwear; Do rags for use as headwear; Down suits; Drawers as clothing; Dresses for Women, Girls; Dressing gowns and bath robes; Dry suits; Duffle coats; Dust coats;
Dusters in the nature of coats; Ear warmers being clothes; Embroidered clothing, namely, _____ {indicate specific items in class 025} for Men, Women, Boys,
Girls, Infants; European football bibs; Evening coats; Evening dresses; Eyeshades as headwear; Fabric sold as an integral component of finished clothing items, namely, _____
{specify clothing items in class 025} for Men, Women, Boys, Girls, Infants; Fascinator hats; Fashion hats; Fight shorts for mixed martial arts or grappling; Figure skating
clothing, namely, _____ {indicate specific items} for Men, Women, Boys, Girls; Fingerless gloves as clothing; Fishing shirts; Fishing vests; Fitted
swimming costumes with bra cups; Fleece bottoms; Fleece pullovers; Fleece shorts; Fleece tops; Fleece vests; Flight suits; Flood pants; Flower headdresses; Football uniforms; Footwear for track and
field athletics; Formalwear, namely, dresses, gowns, tuxedos, dinner jackets, trousers and footwear; Foulards; Full-length kimonos (nagagi); Fur coats; Fur coats and jackets; Fur hats; Furs being
clothing; Garrison caps; Gloves as clothing; Golf caps; Golf pants, shirts and skirts; Golf shirts; Golf shorts; Golf trousers; Graphic T-shirts; Gym pants; Gym shorts; Gym suits; Halter tops; Hats
for infants, babies, toddlers and children; Head wraps; Headbands against sweating; Headwear for Men, Women, Boys, Girls, Infants; Headwear, namely, _____ {specify
type} for Men, Women, Boys, Girls, Infants; Heavy coats; Helmet liners being headwear; Henley shirts; Hiking trousers; Hooded sweatshirts for Men, Women, Boys, Girls, Infants; Hoodies;
[DELETED “Hoods;” as this is a duplicate entry] Horse-riding pants; Hunting pants; Hunting shirts; Hunting vests; Infant and toddler one piece clothing;
Infant sleepers being clothing; Jackets; Jackets for Men, Women, Boys, Girls, Infants; Japanese sleeping robes (nemaki); Jerseys; Judo suits; Judo uniforms; Jump suits; Jumper dresses; Karate suits;
Karate uniforms; Knit bottoms; Knit dresses; Knit shirts; Knit tops; Knitted baby shoes; Knitted caps; Knitted underwear; Knitwear, namely, _____ {indicate
specific knitted clothing items in class 025} for Men, Women, Boys, Girls, Infants; Knot caps; Knotted caps; Korean [DELETED “?” as this appears to be a
typo] traditional tops as clothing (Jeogori); Lab coats; Ladies' suits; Ladies' underwear; Leather coats; Leather hats; Leather headwear; Leather pants; Leather shirts; Leather vests; Leather
belts; Leather harnesses worn by people as clothing; Leisure suits; Leotards and tights for women, men and children of nylon, cotton or other textile fibers; Light-reflecting coats; Lingerie
accessories, namely, removable silicone breast enhancer pads used in a bra; Live flower headdresses; Liveries; Long underwear; Long sleeve pullovers; Long sleeved vests; Long-sleeved shirts; Lounge
pants; Mantles; Martial arts uniforms; Martial arts uniforms, namely, gis; Maternity clothing, namely, _____ {indicate specific items} for Women; Maternity
leggings, namely, leggings featuring built-in maternity bands; Men's dress socks; Men's suits; Men's suits, women's suits; Men's underwear; Men's and women's jackets, coats, trousers, vests; Mixed
martial arts suits; Morning coats; Motorcycle rain suits; Muscle tops; Non-disposable cloth training pants; Novelty headwear with attached wigs; Nurse dresses; One piece garment for infants and
toddlers; One-piece garments for children; One-piece play suits; Open-necked shirts; Outerwear, namely, _____ {indicate specific clothing items} for Men,
Women, Boys, Girls, Infants; Over coats; Over shirts; Over-trousers; Padded elbow compression sleeves sold as an integral component of athletic clothing, namely, _____ {specify clothing item} for Men, Women; Pajama bottoms; Pajamas for Men, Women, Boys, Girls, Infants; Panties, shorts and briefs; Pants for Men, Women, Boys, Girls, Infants; Paper
hats for use as clothing items; Parts of clothing, namely, underarm gussets; Parts of clothing, namely, gussets for tights, gussets for stockings, gussets for bathing suits, gussets for underwear,
gussets for leotards and gussets for footlets; Pea coats; Perspiration absorbent strap to be used in the bill of a hat; Perspiration absorbent underwear clothing; Petti-pants; Pinafore dresses;
Pinnies in the nature of scrimmage vests for use in sports; Pique shirts; Plastic baby bibs; Play suits; Pleated skirts for formal kimonos (hakama); Pockets for clothing; Polo shirts; Polo knit tops;
Posing suits for bodybuilding competitions; Postpartum clothing, namely, _____ {indicate specific items} forWomen; Pram suits; Quilted
vests; Rain coats; Rain hats; Rain suits; Rain trousers; Ramie shirts; Rash vests; Ready-made linings being parts of clothing; Riding coats; Rugby shirts; Rugby shorts; Rugby tops; Sailor suits;
Sandals and beach shoes; Sash bands for kimono (obi); School uniforms; Scrimmage vests; Scrub tops and pants not for surgical purposes; Sedge hats (suge-gasa); Sheepskin coats; Shifts as clothing;
Shirts for infants, babies, toddlers and children; Shirts for Men, Women, Boys, Girls, Infants; Shoes for Men, Women, Boys, Girls, Infants; Short overcoat for kimono (haori); Short sets; Short-sleeve
shirts; Short-sleeved shirts; Short-sleeved or long-sleeved t-shirts; Shorts for Men, Women, Boys, Girls, Infants; Shoulder wraps; Shoulder wraps for clothing; Shower caps; Ski bibs; Ski pants; Ski
suits; Ski suits for competition; Ski trousers; Skirt suits; Skirts and dresses; Skull caps; Skullies being headwear; Sleep pants; Sleep shirts; Sleeveless jerseys; Sleeves worn separate and apart
from blouses, shirts and other tops; Sliding shorts; Small hats; Snap crotch shirts for infants and toddlers; Snow pants; Snow suits; Snow boarding suits; Snowboard pants; Snowboard trousers; Soccer
bibs; Sock suspenders; Spats; Spiked running shoes; Sport coats; Sport shirts; Sports bra; Sports caps and hats; Sports jerseys; Sports jerseys and breeches for sports; Sports pants; Sports shirts;
Sports shirts with short sleeves; Sports vests; Sports over uniforms; Stocking caps; Stocking hats; Stocking suspenders; Stretch pants; Suit coats; Sun leggings; Sun protective clothing, namely,
_____ {indicate specific item} for Men, Women, Boys, Girls, Infants; Sun visors being headwear; Swaddling clothes; Sweat pants; Sweat shirts; Sweat shorts;
Sweat suits; Sweaters for Men, Women, Boys, Girls, Infants; Sweatpants for Men, Women, Boys, Girls, Infants; Sweatshirts for Men, Women, Boys, Girls, Infants; Swim caps; Swim suits; Swimming caps;
[DELETED “Swimming caps;” as this is a duplicate entry] T-shirts; T-shirts for Men, Women, Boys, Girls, Infants; Taekwondo uniforms; Tangas being swimwear;
Tangas being underwear; Tap pants; Tee shirts; Tee-shirts; Tennis dresses; Thermal underwear; Thong underwear; Ties as clothing; Tightening-up strings for kimonos (datejime); Toboggan hats; Toboggan
hats, pants and caps; Toe caps; Top coats; Top hats; Tops as clothing; Tops as clothing for Men, Women, Boys, Girls, Infants; Track pants; Track suits; Training suits; Travel clothing contained in a
package comprising reversible jackets, pants, skirts, tops and a belt or scarf; Trekking trousers; Trench coats; Triathlon clothing, namely, triathlon tights, triathlon shorts, triathlon singlets,
triathlon shirts, triathlon suits; Trousers for sweating; Trousers for Men, Women, Boys, Girls, Infants; Trunks being clothing; Tube dresses; Tube tops; Turtle neck shirts; Turtleneck pullovers;
Underarm clothing shields; Undershirts for kimonos (juban); Undershirts for kimonos (koshimaki); Underwear, namely, boy shorts; Union suits; Ushankas being headwear; Vested suits; Visors being
headwear; Volleyball jerseys; Waist strings for kimonos (koshihimo); Walking shorts; Warm up suits; Warm-up suits; Waterproof jackets and pants; Waterskiing suits; Wearable computers in the nature of
activity trackers sold as integral components of running shoes; Wearable garments and clothing, namely, shirts; Wedding dresses; Wet suit gloves; Wet suits; Wet suits for water-skiing; Wet suits for
water-skiing and sub-aqua; Wetsuits for surfing; Wind coats; Wind pants; Wind shirts; Wind suits; Wind vests; Wind-resistant vests; Winter coats; Women's athletic tops with built-in bras; Women's
clothing, namely, shirts, dresses, skirts, blouses; Women's hats and hoods; Women's tops, namely, camis; Women's underwear; Women's ceremonial dresses; Woolly hats; Woven bottoms; Woven dresses;
Woven shirts; Woven tops; Woven or knitted underwear; Woven shirts for Men, Women, Boys, Girls, Infants; Wrap belts for kimonos (datemaki); Wrist bands as clothing; Wristbands as clothing; Yoga
pants; Yoga shirts; Yoga tops; Zoot suits” in International Class 025.
Applicant’s goods 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 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 will further limit scope, and once goods 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.
AMENDED MARK DESCRIPTION REQUIRED – ACCURATE BUT INCOMPLETE
Applicant must submit an amended description of the mark because the
current one is incomplete and does not describe all the significant aspects of the mark. 37 C.F.R. §2.37; see TMEP §§808.01, 808.02. Descriptions must be accurate and identify all the literal and design elements in the mark. See 37 C.F.R. §2.37; TMEP
§§808 et seq.
The following description is suggested, if accurate:
The mark consists of Words that make the phrase I'm The Best Me There Is in a stylized design where I'm The is above the words
Best Me in a ribbon aligned to the left and the words There Is under Best Me and centered aligned with the words I'm The. At the tip of the mark
design there are two horizontal wavy bands and at the bottom of the mark design there are three horizontal wavy bands.
ADVISORY: APPLICANT MAY WISH TO SEEK TRADEMARK COUNSEL
Because of the legal technicalities and strict deadlines of the trademark application process,
applicant may wish to hire a private attorney who specializes in trademark matters to assist in the process. The assigned trademark examining attorney can provide
only limited assistance explaining the content of an Office action and the application process. USPTO staff cannot provide legal advice or statements about an
applicant’s legal rights. TMEP §§705.02, 709.06. See Hiring a U.S.-licensed trademark attorney for more information.
RESPONSE GUIDELINES
For this application to proceed, applicant must explicitly address each refusal and/or requirement in
this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified
above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and
the informational video “Response to
Office Action” for more information and tips on responding.
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.
/Adetayo J. Adeyiga/
Trademark Examining Attorney
Law Office 114
(571) 272-7089
adetayo.adeyiga@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.
