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:  April 27, 2020

 

This Office action is supplemental to and supersedes the previous Office action issued on 7 February 2020 in connection with this application.  The assigned trademark examining attorney inadvertently omitted a prior-pending application advisory relevant to the mark in the subject application.  See TMEP §§706, 711.02.  Specifically, the prior-pending application advisory for U.S. Serial No. 88347636 was inadvertently omitted.

 

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

 

Applicant must address all issues raised in this Office action, in addition to the issues raised in the Office action dated 7 February 2020.  The issues raised in the previous 7 February 2020 Office action are as follow and are maintained: prior-pending application advisory as to U.S. Serial No. 88347702, requirements to amend identification of goods and services, request for information – sheet music, request for information, and amend the mark description. The advisory regarding a possible failure to function refusal is also maintained. 

 

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

 

            • NEW ISSUE: Advisory – Prior-Pending Application

 

Applicant must respond to all issues raised in this Office action and the previous 7 February 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).

 

Advisory – Prior-Pending Application

 

The effective filing dates of pending U.S. Application Serial Nos. 88347702 and 88347636 precede applicant’s filing date.  See attached referenced applications.  If one or more of the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s).  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced applications.

 

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 marks in the referenced applications.  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.

 

Upon receipt of applicant’s response resolving the following requirements discussed in the 7 February 2020 Office Action, action on this application will be suspended pending the disposition of U.S. Application Serial Nos. 88347702 and 88347636.  37 C.F.R. §2.83(c); TMEP §§716.02(c), 1208.02(c)..

 

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

 

Assistance

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the advisory in this Office action.  See TMEP §§705.02, 709.06. 

 

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. 

 

 

/Joan M. Blazich/

Joan M. Blazich

Trademark Examining Attorney

Law Office 122

(571) 272-7810

joan.blazich@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 April 27, 2020 for

U.S. Trademark Application Serial No. 88741304

 

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. 

 

 

/Joan M. Blazich/

Joan M. Blazich

Trademark Examining Attorney

Law Office 122

(571) 272-7810

joan.blazich@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 April 27, 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.”