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

 

This Office action is supplemental to and supersedes the previous Office action issued on 01/09/2020 in connection with this application.  The assigned trademark examining attorney inadvertently omitted a requirement relevant to the mark in the subject application.  See TMEP §§706, 711.02.  Specifically, the applicant is required to provide a signature for the application.

 

The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this issue(s). 

 

Applicant must address all issue(s) raised in this Office action, in addition to the issues raised in the Office action dated 01/09/2020.  The issue(s) raised in the previous 01/09/2020 Office action is/are as follow and is/are maintained: 

• Filling Basis Requirement
• Disclaimer Requirement
• Identification Requirement

 

The following is a SUMMARY OF ISSUES that applicant must address:

 

•         NEW ISSUE:  Signature Requirement

•         Filling Basis Requirement

•         Disclaimer Requirement

•         Identification Requirement

 

Applicant must respond to all issues raised in this Office action and the previous 01/09/2020 Office action, within six (6) months of the date of issuance of this Office action.  37 C.F.R. §2.62(a); see TMEP §711.02.  If applicant does not respond within this time limit, the application will be abandoned.  37 C.F.R. §2.65(a).

 

SIGNATURE REQUIREMENT

 

The application was unsigned, resulting in the application not being properly verified.  See TMEP §804.  Applicant must properly sign and therefore verify the application in an affidavit or signed declaration under 37 C.F.R. §2.20.  See 37 C.F.R. §§2.2(n), 2.33(a)-(c), 2.34(a)(1)(i), (a)(2), (a)(3)(i), (a)(4)(ii); TMEP §804.02. 

 

The following statements must be verified:  That applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; that applicant believes applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; that applicant believes applicant is the owner of the mark; that the mark is in use in commerce and was in use in commerce as of the application filing date; that to the best of the signatory’s knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive; that the specimen shows the mark as used on or in connection with the goods or services as of the application filing date; and that the facts set forth in the application are true.  37 C.F.R. §§2.33(b), (c), 2.34(a)(1)(i), (a)(2), (a)(3)(i), (a)(4)(ii), 2.59(a).  For more information about this, see the Verified statement webpage.

 

To provide these verified statements.  After opening the correct TEAS response form, answer “yes” to wizard question #10, and follow the instructions within the form for signing.  In this case, the TEAS online form will require two signatures:  one in the “Declaration Signature” section and one in the “Response Signature” section.

 

FILLING BASIS REQUIREMENT

 

Applicant has not specified a filing basis in the application.  An application must specify and meet the requirements of at least one filing basis.  37 C.F.R. §§2.32(a)(5), 2.34(a); TMEP §806.  Accordingly, applicant must (1) amend the application to specify clearly at least one filing basis, and (2) satisfy all the requirements for the basis or bases asserted. 

 

An applicant may add one or more of the following four bases to an application after filing:

 

(1)        Use of the mark in commerce under Trademark Act Section 1(a);

 

(2)        A bona fide intention to use the mark in commerce under Section 1(b);

 

(3)        A foreign registration of the same mark for the same goods and/or services in an applicant’s country of origin, under Section 44(e); and/or

 

(4)        A claim of priority based on an earlier-filed foreign application of the same mark for the same goods and/or services, which is filed within six months after the filing date of the foreign application, under Section 44(d).

 

Although an applicant may assert more than one basis, an applicant may not assert both Section 1(a) for use and Section 1(b) for intent to use for identical goods and/or services.  37 C.F.R. §2.34(b); TMEP §806.02(b).

 

For more information about the different legal requirements for each basis, for submitting more than one basis, and for instructions on how to satisfy these requirements online using the Trademark Electronic Application System (TEAS) form, please go to the Basis webpage.

 

DISCLAIMER REQUIREMENT

 

Applicant must provide a disclaimer of the unregistrable part(s) of the applied-for mark even though the mark as a whole appears to be registrable.  See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(a).  A disclaimer of an unregistrable part of a mark will not affect the mark’s appearance.  See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 979-80, 144 USPQ 433, 433 (C.C.P.A. 1965).

 

In this case, applicant must disclaim the wording “LIVE” because it is not inherently distinctive.  These unregistrable term(s) at best are merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services.  See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a). 

 

The previously attached evidence from http://www.merriam-webster.com/dictionary/live shows this wording means “at the actual time of occurrence”.  Thus, the wording merely describes applicant’s goods and/or services because the purpose of the majority of the applicant’s goods and services are for conducting transactions at the actual time of occurrence for specific things and for connecting a customer to a person at the time of a transaction.

 

Applicant may respond to this issue by submitting a disclaimer in the following format: 

 

No claim is made to the exclusive right to use “LIVE” apart from the mark as shown. 

 

For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage. 

 

IDENTIFICATION REQUIREMENT

 

The identification for computer software in International Classes 9 and 42 is indefinite and too broad and must be clarified to specify whether the 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).

 

Additionally, The wording “downloadable computer software for customer relationship management,” “downloadable computer software for time management,” “downloadable computer software for use in the field of personal and business finance, tax preparation, project costing management and tax management; downloadable computer software for use in the management of payroll,” “downloadable computer software for use in the management of benefit plans, insurance plans, retirement plans, unemployment insurance plans, and pre-paid health care plans” “downloadable computer software for use in providing technical support; downloadable computer software for use in troubleshooting problems with computer software and online services via telephone, online chat, e-mail, video and other means,” and “downloadable computer software for use in providing technical support” in the identification of goods is indefinite and must be clarified because it is unclear what function is being performed by the software.  Thus the applicant must specify the function for these identifications.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Please see suggestions below.

 

Also, the wording “providing an online database featuring the services of business and financial professionals,” “online business intermediary services,” and “providing temporary use of online non-downloadable software for use in the field of personal and business finance, tax preparation, project costing management and tax management” in the identification of services is indefinite and must be clarified because the applicant needs to further specify the purpose of these services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Please see suggestions below. 

 

Applicant has classified the following goods and/or services in International Class 035:  “providing online facilities for real-time communication with other users of computer networks in the fields of business and finance; business services, namely, providing a website featuring an online database for professionals seeking work and individuals and companies seeking the services of professionals, and performing analysis to match the background, skills and capabilities of professionals with the needs of those seeking the services of such professionals.”  However, the proper classification for each item is as follows: 

 

Class 038

 

Providing online facilities for real-time communication with other users of computer networks in the fields of business and finance

 

Class 042

 

Business services, namely, providing a website featuring an online database for professionals seeking work and individuals and companies seeking the services of professionals, and performing analysis to match the background, skills and capabilities of professionals with the needs of those seeking the services of such professionals

 

Additionally, applicant has provided the application fee(s) for only 4 international class(es).  Thus, not all international classes in the application are covered by the application fee(s).  Because of this disparity, applicant must clarify the number of classes for which registration is sought.  See 37 C.F.R. §§2.32(d), 2.86.

 

Applicant may respond by (1) adding one or more international class(es) to the application, and reclassifying the above goods and/or services accordingly; or (2) deleting from the application the goods and/or services for all but the number of international class(es) for which the application fee was submitted.  See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq.  If applicant adds one or more international classes to the application, applicant must comply with the multiple-class application requirements specified in this Office action.

 

The wording “providing temporary use of online non-downloadable software for controlling access to financial and business information, data and documents” in the identification of services is indefinite and must be clarified because it is unclear what the software is controlling.  Hence the applicant must specify what the software controls.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Please see suggestions below. 

 

Last, applicant is advised to delete or modify the duplicate entry in the identification of goods and/or services in International Class 009 for “downloadable computer software for use in providing technical support.”  See generally TMEP §§1402.01, 1402.01(a).  If applicant does not respond to this issue, be advised that the USPTO will remove duplicate entries from the identification prior to registration.

 

If modifying one of the duplicate entries, applicant may amend it to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Also, generally, any deleted goods and/or services may not later be reinserted.  TMEP §1402.07(e).

 

Applicant may adopt the following wording, if accurate: 

 

Class 009

 

Downloadable computer software for enabling multiple users to screen share and communicate for use in providing business and financial consulting and advice; downloadable computer software that enables communication between business and financial professionals and their clients; downloadable computer software for keeping track of customer relationship management; downloadable computer software to import contacts and business data from other electronic services and software; downloadable computer software to manage customer lists, e-mail and print forms, and track customer interactions; downloadable computer software for controlling access to financial and business information, data and documents; downloadable computer software to create, customize, print, export, and e-mail documents and reports; downloadable computer software to analyze the financial status of businesses and industries; downloadable computer software for synchronizing data among computers and mobile devices; downloadable computer software for database management, data aggregation, data reporting, and data transmission; downloadable computer software for online backup of electronic files; downloadable computer software used for multiple-user online communication, real-time collaboration and document sharing; downloadable computer software that enables multiple users to screen share and communicate for use in providing remote business and financial consulting and advice; downloadable computer software that enables users to capture, upload, download, store, organize, view, create, edit, encrypt, send and share documents, information, data, images, photographs, and electronic messages; downloadable personal and organizational productivity software to measure, record, track, analyze, and manage data for the purpose of improving personal and business productivity; downloadable computer software for keeping track of time management; downloadable computer software to track time worked by employees and subcontractors; downloadable computer software for accounting, bookkeeping, financial and business transaction processing management, financial and business transaction management, tax preparation and tax planning, business process management, and financial planning; downloadable computer software for creating spreadsheets for use in the field of personal and business finance, tax preparation, project costing management and tax management; downloadable computer software for creating spreadsheets for use in the management of payroll; downloadable computer software for administering employee payroll; downloadable computer software for creating spreadsheets for use in the management of benefit plans, insurance plans, retirement plans, unemployment insurance plans, and pre-paid health care plans; downloadable computer software for creating, customizing, and managing invoices, recording payments, and issuing receipts; downloadable computer software for use in organizing, servicing and tracking sales, collections and receivables data; downloadable computer software for tracking income, expenses, sales, and profitability by business location, department, type of business, or other user set field; downloadable computer software to calculate and charge sales tax and to create reports to pay sales tax to appropriate tax agencies; downloadable computer software for credit card invoicing and credit card payment processing; downloadable computer software for managing online bank accounts; downloadable computer software to create, customize, print, export, and e-mail purchase orders; downloadable computer software to create and manage budgets; downloadable computer software to create price quote estimates and transfer price quote estimates to invoices; downloadable computer software to automate creation of invoices; downloadable computer software to create, customize, print, export, and e-mail financial reports, business reports, balance sheets, profit and loss statements, cash flow statements, and taxable sales reports; downloadable computer software to create, print, and track checks and purchase orders; downloadable computer software to track sales, expenses, and payments; downloadable computer software for inventory management; downloadable computer software and hardware for use in transaction processing, accounting, receipt printing, customer relationship management, inventory management and operations management, all in the field of point of sale transactions and retail management; downloadable computer software for sending, receiving and recording monetary transactions; downloadable computer software for tax calculation and tax return preparation and filing; downloadable computer software for processing tax payments; downloadable computer software for organizing, tracking and reporting tax deductible expenses; downloadable computer software for tracking charitable donations and calculating charitable tax deductions and fair market value of goods and services; downloadable computer software for customers to directly deposit tax refunds into accounts at financial institutions; downloadable computer software to pre-populate tax forms with tax data from online banking accounts; downloadable computer software that enables multiple users to screen share and communicate for use in providing assistance with regard to accounting and taxes; downloadable computer software for use in providing assistance with regard to accounting and taxes; downloadable computer software that enables communication between financial, business and tax professionals and customers; downloadable computer software that enables communication between technical support representatives and customers; downloadable computer software for providing technical support; downloadable computer software for use in troubleshooting problems with computer software and online services via telephone, online chat, e-mail, video and other means; downloadable computer software that enables communication between tax professionals and customers; downloadable computer software for use in providing assistance with regard to accounting and taxes

 

Class 035

 

Business management services; providing business information and advice via computer networks, including global computer networks and online services; providing an online database featuring the services of business and financial professionals for professionals seeking work and individuals and companies seeking the services of professionals, and performing analysis to match the background, skills and capabilities of professionals with the needs of those seeking the services of such professionals; business services, namely, assisting individuals and entities offering professional services to find and engage with clients seeking those services; providing an online portal for use by professional services providers and individuals to match work opportunities with professional expertise; advertising the goods and services of others via a web site on a global computer network; providing business consultation and business information, namely, tracking, analyzing and generating reports for others regarding the operation, use and users of an online marketplace; providing a website featuring recommendations, ratings and reviews posted by professional services providers and their clients regarding work performed and the capabilities and performance of professionals who perform work; contracting services, namely, assisting with the formation and management of contracts with business and financial professionals; collecting, analyzing and reporting feedback, reviews and information regarding performance of business and financial professionals and project vendors; business consultation regarding compliance with regulations; providing a website featuring ratings, reviews and recommendations regarding the skills and capabilities of business and financial professionals; online business intermediary services relating to the matching of potential private investors with entrepreneurs needing funding; matching small business owners and consumers with professionals in the fields of accounting, finance, financial management, financial planning, investments and tax; providing an online searchable database of professionals with the purpose of matching professionals with small business owners and consumers; Consultation, advisory, analysis, and assistance services with regard to accounting and taxes; consultation and advisory services in the fields of accounting and taxes, including tax calculation, tax planning, tax return preparation, tax refund, tax management, preparation of tax forms, and tax return filing; providing tax and tax preparation management information and consultation; providing information concerning accounting, taxes, tax calculation, tax planning, tax return preparation, tax refunds, tax management, preparation of tax forms, and tax returns filing; providing tax analysis and calculation in the nature of accounting and assessment, planning, preparation, and filing services; providing advice, analysis, news, and opinions to consumers in the fields of tax return preparation and tax planning; providing tax calculation, planning, preparation, and filing services; electronic tax filing services; consultation, advisory, analysis, and assistance services with regard to aggregating wage, interest, dividend, and other income and expense information from a wide variety of sources for tax related purposes; consultation, advisory, analysis, and assistance services with regard to organizing, tracking and reporting tax deductible expenses

 

Class 036

 

Consultation, advisory, analysis, and assistance services with regard to tax payment financial management; tax payment financial analysis and calculation; provision of information concerning tax payment financial management

 

Class 038

 

Providing online facilities for real-time communication with other users of computer networks in the fields of business and finance

 

Class 042

 

Providing temporary use of online non-downloadable software for enabling multiple users to screen share and communicate for use in providing business and financial consulting and advice; providing temporary use of online non-downloadable software that enables communication between business and financial professionals and their clients; providing temporary use of online non-downloadable software for customer relationship management; providing temporary use of online non-downloadable software to import contacts and business data from other electronic services and software; providing temporary use of online non-downloadable software to manage customer lists, e-mail and print forms, and track customer interactions; providing temporary use of online non-downloadable software for controlling access to financial and business information, data and documents on a business server; providing temporary use of online non-downloadable software to create, customize, print, export, and e-mail documents and reports; computer software to analyze the financial status of businesses and industries; providing temporary use of online non-downloadable software for synchronizing data among computers and mobile devices; providing temporary use of online non-downloadable software for database management, data aggregation, data reporting, and data transmission; providing temporary use of online non-downloadable software for online backup of electronic files; providing temporary use of online non-downloadable software used for multiple-user online communication, real-time collaboration and document sharing; providing temporary use of online non-downloadable software that enables multiple users to screen share and communicate for use in providing remote business and financial consulting and advice; providing temporary use of online non-downloadable software that enables users to capture, upload, download, store, organize, view, create, edit, encrypt, send and share documents, information, data, images, photographs, and electronic messages; providing temporary use of online non-downloadable personal and organizational productivity software to measure, record, track, analyze, and manage data for the purpose of improving personal and business productivity; providing temporary use of online non-downloadable software for time management; providing temporary use of online non-downloadable software to track time worked by employees and subcontractors; providing temporary use of online non-downloadable software for accounting, bookkeeping, financial and business transaction processing management, financial and business transaction management, tax preparation and tax planning, business process management, and financial planning; providing temporary use of online non-downloadable software for conducting transactions for use in the field of personal and business finance, tax preparation, project costing management and tax management; providing temporary use of online non-downloadable software for use in the management of payroll; providing temporary use of online non-downloadable software for administering employee payroll; providing temporary use of online non-downloadable software for use in the management of benefit plans, insurance plans, retirement plans, unemployment insurance plans, and pre-paid health care plans; providing temporary use of online non-downloadable software for creating, customizing, and managing invoices, recording payments, and issuing receipts; providing temporary use of online non-downloadable software for use in organizing, servicing and tracking sales, collections and receivables data; providing temporary use of online non-downloadable software for tracking income, expenses, sales, and profitability by business location, department, type of business, or other user set field; providing temporary use of online non-downloadable software to calculate and charge sales tax and to create reports to pay sales tax to appropriate tax agencies; providing temporary use of online non-downloadable software for credit card invoicing and credit card payment processing; providing temporary use of online non-downloadable software for managing online bank accounts; providing temporary use of online non-downloadable software to create, customize, print, export, and e-mail purchase orders; providing temporary use of online non-downloadable software to create and manage budgets; providing temporary use of online non-downloadable software to create price quote estimates and transfer price quote estimates to invoices; providing temporary use of online non-downloadable software to automate creation of invoices; providing temporary use of online non-downloadable software to create, customize, print, export, and e-mail financial reports, business reports, balance sheets, profit and loss statements, cash flow statements, and taxable sales reports; providing temporary use of online non-downloadable software to create, print, and track checks and purchase orders; providing temporary use of online non-downloadable software to track sales, expenses, and payments; providing temporary use of online non-downloadable software for inventory management; providing temporary use of online non-downloadable software for use in transaction processing, accounting, receipt printing, customer relationship management, inventory management and operations management, all in the field of point of sale transactions and retail management; providing temporary use of online non-downloadable software for sending, receiving and recording monetary transactions; providing temporary use of online non-downloadable software for tax calculation and tax return preparation and filing; providing temporary use of online non-downloadable software for processing tax payments; providing temporary use of online non-downloadable software for organizing, tracking and reporting tax deductible expenses; providing temporary use of online non-downloadable software for tracking charitable donations and calculating charitable tax deductions and fair market value of goods and services; providing temporary use of online non-downloadable software for customers to directly deposit tax refunds into accounts at financial institutions; providing temporary use of online non-downloadable software to pre-populate tax forms with tax data from online banking accounts; providing temporary use of online non-downloadable software that enables multiple users to screen share and communicate for use in providing assistance with regard to accounting and taxes; providing temporary use of online non-downloadable software for use in providing assistance with regard to accounting and taxes; providing temporary use of online non-downloadable software that enables communication between financial, business and tax professionals and customers; providing temporary use of online non-downloadable software that enables communication between technical support representatives and customers; providing temporary use of online non-downloadable software for use in providing technical support; providing temporary use of online non-downloadable software for use in troubleshooting problems with computer software and online services via telephone, online chat, e-mail, video and other means; providing temporary use of online non-downloadable software that enables communication between tax professionals and customers; providing temporary use of online non-downloadable software for use in providing technical support; providing temporary use of online non-downloadable software for use in providing assistance with regard to accounting and taxes; providing a website featuring technology that enables users to match work opportunities with professional expertise; providing a website featuring technology for professionals seeking work and individuals and companies seeking the services of professionals, and performing analysis to match the background, skills and capabilities of professionals with the needs of those seeking the services of such professionals; providing a website featuring technology that enables users to track, analyze and generating reports regarding the operation, use and users of an online marketplace; providing a website featuring technology that enables users to post recommendations, ratings and reviews regarding work performed and the capabilities and performance of professionals who perform work; providing a website featuring technology that enables users to form and manage contracts with business and financial professionals; providing a website featuring technology that enables users to collect, analyze and report feedback, reviews and information regarding performance of business and financial professionals and project vendors; providing a website featuring technology that enables small business owners and consumers to find and connect with professionals in the fields of accounting, finance, financial management, financial planning, investments and tax; providing a website featuring technology that enables small business owners and consumers to find and connect with business and financial professionals; Business services, namely, providing a website featuring an online database for professionals seeking work and individuals and companies seeking the services of professionals, and performing analysis to match the background, skills and capabilities of professionals with the needs of those seeking the services of such professionals

 

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or 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/or services may not later be reinserted.  See 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.

 

MULTIPLE-CLASS APPLICATION REQUIREMENTS

 

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on their eventual chosen filing basis:

 

(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 fee(s) already paid (view the USPTO’s current fee schedule).  The application identifies goods and/or services that are classified in at least 5 classes; however, applicant submitted a fee(s) sufficient for only 4 class(es).  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

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

 

RESPONSE GUIDELINES

 

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.

 

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.

 

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.    

 

 

/Jules Dean/

Trademark Attorney

United States Patent and Trademark Office

Law Office 120

Phone: (571) 272-5322

Jules.Dean@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. 88674544

 

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. 

 

 

/Jules Dean/

Trademark Attorney

United States Patent and Trademark Office

Law Office 120

Phone: (571) 272-5322

Jules.Dean@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.”