To: | Haggerty, Sean Scott (seanscotthaggerty@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88859703 - SEAN SCOTT HAGGERTY - N/A |
Sent: | June 23, 2020 07:14:48 PM |
Sent As: | ecom105@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88859703
Mark: SEAN SCOTT HAGGERTY
|
|
Correspondence Address: RUAL ROUTE R029 1959 EAST CONNEMA DRIVE
|
|
Applicant: Haggerty, Sean Scott
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
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: June 23, 2020
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Search
The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
However, applicant must respond to the following refusal(s) and/or requirement(s).
1) Owner Name, Entity and Citizenship/Place of Incorporation
The name of an individual person (Sean Scott Haggerty) appears in the section of the application intended for the trademark owner’s name; however, the legal entity is set forth as “estate.” Applicant must clarify this. See 37 C.F.R. §§2.32(a)(2), (a)(3)(i)-(ii), 2.61(b); TMEP §803.02(a).
In this regard, “estate” is not an acceptable legal entity designation because it does not identify a particular type of legal entity in the United States. See TMEP §803.03. Therefore, applicant must specify the particular type of legal entity applying, e.g., individual, corporation, association, partnership, or joint venture, and provide the additional information explained below about that entity. See 37 C.F.R. §§2.32(a)(3)(ii)-(v), 2.61(b); TMEP §803.03
If applicant is an individual, applicant should simply request that the legal entity be amended to “individual” and must indicate his/her country of citizenship for the record, e.g., a citizen of the United States (note that “American national” is indefinite). 37 C.F.R. §2.32(b)(3)(i); TMEP §803.03(a). Alternatively, if applicant is another type of estate-related entity, then applicant must identify a proper legal entity.
For example, if applicant is a corporation, applicant must specify that and identify the U.S. state or foreign country under which it is incorporated. 37 C.F.R. §2.32(a)(ii); TMEP §803.03(c).
If applicant is an association, applicant must specify that as well as the U.S. state or foreign country under whose laws the applicant is organized or exists, and indicate whether the association is incorporated or unincorporated. 37 C.F.R. §2.32(a)(ii); TMEP §803.03(c).
The ___________ (specify whether trustees/executors) of the _________ (specify name of trust/estate and whether it is a trust/estate, if not specified in the name), a _______________ (specify state of organization and if trust/estate), comprising ______________ (list name of each trustee/executor, their legal entity type, if applicable, and national citizenship (for individuals) or foreign country or U.S. state of organization or incorporation (for businesses), as appropriate).” Id.
When there are more than ten individual trustees, applicant need list only the first ten trustees. Id.
If, in response to the above request, applicant provides information indicating that it is not the owner of the mark, registration may 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).
2) Specimen is Merely a Picture of the Mark and Does Not Show the Mark in Use in Commerce With the Services
Specimen is merely a drawing or depiction of the mark. Registration is refused because the specimen is merely a photocopy of the drawing or a depiction of the applied-for mark and does not show the applied-for mark as actually used in commerce with the goods and/or services. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a), (c); In re Chica, 84 USPQ2d 1845, 1848 (TTAB 2007); TMEP §§904, 904.07(a), 1301.04(g)(i). An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark as actually used in commerce for each international class of goods and/or services identified in the application or amendment to allege use. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
Specimens for services must show a direct association between the mark and the services and include: (1) copies of advertising and marketing material, (2) a photograph of business signage or billboards, or (3) materials showing the mark in the sale, rendering, or advertising of the services. See 37 C.F.R. §2.56(b)(2), (c); TMEP §1301.04(a), (h)(iv)(C). Any webpage printout or screenshot submitted as a specimen, whether for goods or services, must include the webpage’s URL and the date it was accessed or printed. 37 C.F.R. §2.56(c).
Response options. Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for the goods and/or services identified in the application or amendment to allege use. A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application or prior to the filing of the amendment to allege use.” The substitute specimen cannot be accepted without this statement.
(2) Amend the filing basis to intent to use under Section 1(b) (which includes withdrawing an amendment to allege use, if one was filed), as no specimen is required before publication. This option will later necessitate additional fee(s) and filing requirements, including a specimen.
For an overview of the response options referenced above and instructions on how to satisfy these options using the online Trademark Electronic Application System (TEAS) form, see the Specimen webpage.
Helpful Video. In light of the specimen refusal, applicant may wish to view Video 8 regarding specimens found on the following webpage: http://www.gov.uspto.report/trademarks-getting-started/process-overview/trademark-information-network .
Responding
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.
How to respond. Click to file a response to this nonfinal Office action.
Please do not hesitate to contact the undersigned with any questions.
/MaureenDallLott/
Maureen Dall Lott
Trademark Examining Attorney, Law Office 105
United States Patent and Trademark Office
571-272-9714
maureen.lott@uspto.gov
RESPONSE GUIDANCE