To: | Pax Labs, Inc. (PAXdocketing@kelly-ip.com) |
Subject: | U.S. Trademark Application Serial No. 88681894 - PODID - 310.0096 |
Sent: | July 07, 2020 02:32:32 PM |
Sent As: | ecom128@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88681894
Mark: PODID
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Correspondence Address: |
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Applicant: Pax Labs, Inc.
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Reference/Docket No. 310.0096
Correspondence Email Address: |
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NEW 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: July 07, 2020
In a previous Office action(s) dated February 20, 2020, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Section 2(d) for a likelihood of confusion with a registered mark in regards to Class 9. In addition, applicant was required to satisfy the following requirement(s): amend the identification of goods and/or services, and comply with multiple-class requirements.
Based on applicant’s response, the trademark examining attorney notes that the following requirement(s) have been satisfied/obviated/withdrawn: definite amended identification provided, and complied with multiple-class requirements. See TMEP §713.02.
The following refusal(s) have also been obviated: Trademark Act Section 2(d) for a likelihood of confusion with a registered mark in regards to Class 9. See id.
The following is a SUMMARY OF ISSUES that applicant must address:
• Advisory – Prior-Filed Application
• NEW ISSUE: Requirement – Section 1(b) Verified Statement (Class 42)
Applicant must respond to all issues raised in this 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).
ADVISORY - PRIOR-FILED APPLICATION
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
REQUIREMENT – SECTION 1(b) VERIFIED STATEMENT (Class 42)
The application has added International Class 42 under Trademark Act Section 1(b); however, the application does not include the required verified statement of applicant’s “bona fide intention to use the mark in commerce.” See TMEP §804.02. Therefore, to perfect this basis, applicant must submit the following statement verified in an affidavit or signed declaration under 37 C.F.R. §2.20: 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. 37 C.F.R. §§2.33(b)(2), (c), 2.34(a)(2).
For more information about Section 1(b) basis requirements, and instructions on how to satisfy them online using the Trademark Electronic Application System (TEAS) form, please go to the Basis webpage.
ASSISTANCE
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are 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.
Solano, Carlita
/Carlita Jaye Solano/
Examining Attorney
Law Office 128
(571)270-0348
carlita.solano@uspto.gov
RESPONSE GUIDANCE