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:  March 03, 2020

 

This Office action is supplemental to the previous Office action issued on 02/29/2020 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 examining attorney omitted the requirement to clarify the entity designation of the applicant.

 

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

 

Applicant must address all issues raised in this Office action, in addition to the issues raised in the Office action dated 02/29/202.  The issues raised in the previous Office action are as follow and are maintained:  

 

-        Partial Section 2(d) Refusal – Likelihood of Confusion

-        Advisory: Registration May be Refused Based on Prior Pending Application 

-        Specimen Refusal for Classes 35 and 41

-        Mark on Specimen Differs From Mark Drawing

-        Identification of Goods and Services Indefinite and Overly Broad – Amendment Required

-        Clarification on the Number of Classes for which Registration is Sought Required

-        Disclaimer Required

 

 

Applicant must respond to all issues raised in this Office action within six (6) months of the date of issuance of this Office action, and applicant may add additional argument to issues raised in the previous 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).

The following is a Summary of Issues that applicant must address:

• NEW ISSUE: Entity Designation Indefinite – Clarification Required

Entity Designation Indefinite – Clarification Required

The designation “LLC” is included in applicant’s name; however, the legal entity is set forth as a “corporation.”  Generally, “LLC” identifies a “limited liability company,” and not a corporation.  Therefore, applicant must specify whether the legal entity is a limited liability company or a corporation and amend the application accordingly.  TMEP §803.03(h); see 37 C.F.R. §§2.32(a)(2), (a)(3)(ii), 2.61(b).

 

If applicant is a limited liability company, applicant must amend the legal entity and provide the U.S. state under whose laws it is organized.  37 C.F.R. §2.32(a)(3)(ii); TMEP §803.03(h).  If applicant is a corporation, applicant must provide the legal name of the corporation and U.S. state or foreign country of incorporation or organization.  See 37 C.F.R. §2.32(a)(3)(ii); TMEP §803.03(c).

 

If, in response to the above request, applicant provides information indicating that it is not the owner of the mark, registration will be refused because the application was void as filed.  See 37 C.F.R. §2.71(d); TMEP §§803.06, 1201.02(b).  An application must be filed by the party who owns or is entitled to use the mark as of the application filing date.  See 37 C.F.R. §2.71(d); TMEP §1201.02(b).

 

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 any questions or needs further assistance, please telephone the assigned examining attorney.

 

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

 

 

/John T. Billings/

Examining Attorney

Law Office 113

(571) 272-0186

john.billings@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 March 03, 2020 for

U.S. Trademark Application Serial No. 88698127

 

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. 

 

 

/John T. Billings/

Examining Attorney

Law Office 113

(571) 272-0186

john.billings@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 March 03, 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.”