To: | Simple Ledger, Inc. (jcramer@simpleledger.io) |
Subject: | U.S. Trademark Application Serial No. 88657408 - SLP - N/A |
Sent: | January 22, 2020 12:48:37 PM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88657408
Mark: SLP
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Correspondence Address:
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Applicant: Simple Ledger, Inc.
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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: January 22, 2020
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.
The referenced application has been reviewed by the assigned trademark examining attorney.
No Conflicting Marks
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
However, the applicant must address the following informalities.
Description of the Mark
The description of the mark contains the following wording: The outside edge of the circular border may have a thickness so that the inside of the logo is a different color, or the logo may be filled in a solid color without an edge.
An applicant may seek registration of only one mark in a single application. 37 C.F.R. §2.52; TMEP §807.01; see 15 U.S.C. §1051; In re Int’l Flavors & Fragrances Inc., 183 F.3d 1361, 1366, 51 USPQ2d 1513, 1516-17 (Fed. Cir. 1999); In re Hayes, 62 USPQ2d 1443, 1445-46 (TTAB 2002). A mark with a changeable or “phantom” element is generally considered to be more than one mark. See In re Hayes, 62 USPQ2d at 1445. In addition to the requirement to select one mark, the drawing and description must match. See 37 C.F.R. §2.52(b)(1); TMEP §§807.07 et seq.
In addition, the description of the mark contains extraneous wording. Applicant must delete from the description any text that does not reference things appearing in the mark, such as interpretation, assessment, or analysis of the mark elements, or indications of how the mark is or is not used or intended to be used. A description must identify only the literal and design elements shown in the drawing. See 37 C.F.R. §2.37; TMEP §808.02.
The following description is suggested, if accurate: The mark consists of the letters SLP in the center of a circular border.
Response to Office Action
If an applicant is represented by a U.S.-licensed attorney authorized to practice before the USPTO, the attorney must sign the response. 37 C.F.R. §2.193(e)(2)(i); TMEP §§611.03(b), 712.01. The only attorneys who may sign responses are (1) attorneys in good standing with a bar of the highest court of any U.S. state or territory, or (2) Canadian trademark attorneys or agents reciprocally recognized by the USPTO’s Office of Enrollment and Discipline (OED) who are appointed in connection with a U.S.-licensed attorney. See 37 C.F.R. §§2.17(a), 11.14(a), (c), (e). Foreign attorneys, other than recognized Canadian trademark attorneys or agents, do not have authority to sign responses. See 37 C.F.R. §§2.17(e), 11.14(c)(1), (e).
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.
Questions Regarding Office Action
How to respond. Click to file a response to this nonfinal Office action.
/allison holtz/
Allison Holtz
Trademark Examining Attorney
Law Office 111
allison.holtz@uspto.gov (preferred)
571-272-9383
RESPONSE GUIDANCE