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:  June 05, 2020

 

 

Introduction

 

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.

 

Summary of Issues:

 

• Requirement:  Disclaimer
• Requirement:  Classification and Identification of Goods and Services
• Requirement:  Intent to Perfect

 

Disclaimer

 

The wording “UMAMIAI” must appear in its correct spelling, i.e., “UMAMI AI” in the disclaimer.  See In re Omaha Nat’l Corp., 819 F.2d 1117, 1119, 2 USPQ2d 1859, 1861 (Fed. Cir. 1987); In re Carlson, 91 USPQ2d 1198, 1203 (TTAB 2009); TMEP §1213.08(c).

 

Applicant must disclaim all the wording in the mark because it is merely descriptive of a feature or characteristic of applicant’s goods and 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 attached definition from merriam-webster.com defines “UMAMI” as “the taste sensation that is produced by several amino acids and nucleotides (such as glutamate and aspartate) and has a rich or meaty flavor characteristic of cheese, cooked meat, mushrooms, soy, and ripe tomatoes”. The identification of goods and services states that applicant’s goods and services feature a variety of food and beverage recipes, meal plans, cooking, and information relating to food and beverage.  Moreover, applicant’s website indicates the importance of “UMAMI” to applicant’s goods and services. See attached evidence from ajinomoto.com. Therefore, the term “UMAMI” describes the category of taste in foods or the flavor profile that applicant will be providing to consumers in the marketplace. Thus, the term “UMAMI” is descriptive of a feature or characteristic of applicant’s goods and services.

 

Additionally, the term “AI” is a standard abbreviation for “artificial intelligence”.  See attached evidence from merriam-webster.com. The attached definition from merriam-webster.com defines “artificial intelligence” as “the capability of a machine to imitate intelligent human behavior”.  Applicant’s website states that “The UMAMI app with its intelligent shopping list provides individual recommendations based on the personal needs of the consumer”.  See attached evidence from get.umami.ai.  Therefore, the term “AI” describes a feature of the software and online services that applicant provides.  Specifically, applicant’s goods and services involve the use of artificial intelligence.

 

Not only are the individual terms in the mark merely descriptive, but the combined word portion of the mark UMAMIAI is merely descriptive. Generally, if the individual components of a mark retain their descriptive meaning in relation to the goods and/or services, the combination results in a composite mark that is itself descriptive.  In re Petroglyph Games, Inc., 91 USPQ2d 1332, 1341 (TTAB 2009) (holding BATTLECAM merely descriptive of computer game software with a feature that involve battles and provides the player with the option to utilize various views of the battlefield); In re Cox Enters., 82 USPQ2d 1040, 1043 (TTAB 2007) (holding THEATL merely descriptive of publications featuring news and information about Atlanta where THEATL was the equivalent of the nickname THE ATL for the city of Atlanta); In re Tower Tech, Inc., 64 USPQ2d 1314, 1317-18 (TTAB 2002) (holding SMARTTOWER merely descriptive of highly automated cooling towers); In re Sun Microsystems, Inc., 59 USPQ2d 1084, 1085 (TTAB 2001) (holding AGENTBEANS merely descriptive of computer software for use in developing and deploying application programs on a global computer network). 

 

Only where the combination of descriptive terms creates a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the goods and/or services is the combined mark registrable without a disclaimer.  See In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968); In re Positec Grp. Ltd., 108 USPQ2d 1161, 1162-63 (TTAB 2013).

 

In this case, both the individual word components and the composite result are descriptive of applicant’s goods and services and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods and services.  Specifically, the combined term UMAMIAI conveys that the goods and services feature artificial intelligence functions concerning umami flavors and foods in the fields of recipes, meal plans, cooking health and wellness, allergies, nutrition, lifestyles, food, and beverages.

 

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

 

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

 

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

 

Classification and Identification of Goods and Services

 

The wordings “downloadable software for cooking and meal planning” and “downloadable software featuring information in the fields of recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage” in the identification of goods in International Class 9 is indefinite and must be clarified to more clearly indicate the function of the software.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

 

The wording “providing online interactive bulletin board for transmission of messages among computer users; providing an online, interactive bulletin board for the transmission of messages among computer users concerning the sale of goods and services via a global communications network;” in the identification of services in International Class 38 is indefinite and must be clarified to specify the nature of the services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  

 

Applicant must clarify the wording “Non-downloadable electronic data files featuring information about recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage” in the identification of services in International Class 38 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class.  For example, providing multi-user access to non-downloadable electronic data files on the Internet featuring information about recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage are in International Class 38 and providing temporary use of non-downloadable data files featuring information about recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage in the nature of non-downloadable software for {indicate function of the software} are in International Class 42. 

 

The wording “providing temporary use of web-based software applications for cooking and meal planning”, “software as a service (SAAS) services featuring software for cooking and meal planning”, “providing temporary use of web-based software applications featuring information in the fields of recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage”, and “software as a service (SAAS) services featuring software featuring information in the fields of recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage” in the identification of services in International Class 42 is indefinite and must be clarified to more clearly state the function of the software.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

 

The wording “computer services in the nature of developing customized web pages featuring user-defined information, personal profiles and information” in the identification of services in International Class 42 is indefinite and must be clarified to specify the nature of the services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  

 

The wording “Providing personalized meal planning services via internet including interactive menu planning, sample meal plans and shopping lists for recipes and providing information relating thereto; planning and advice concerning meal plans and cooking recipes and providing information relating thereto” and “providing information about recipes, meal plans, cooking, food and beverage; providing an online computer database in the field of recipes, meal plans, cooking, food and beverage and providing information relating thereto; providing a website featuring information in the field of recipes, meal plans, cooking, food and beverage and providing information relating thereto” in the identification of services in International Class 43 is indefinite and must be clarified to specify the nature of the services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  

 

Applicant must clarify the wording “providing online databases and websites where users can post ratings , reviews, and recommendations featuring information in the fields of recipes, meal plans, cooking, food and beverage and providing information relating thereto” in the identification of services in International Class 43 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class.  For example, providing online databases and websites featuring the ratings, reviews and recommendations on products and services in the fields of recipes, meal plans, cooking, food and beverage for commercial purposes posted by users and providing information relating thereto are in International Class 35 and providing online databases and websites featuring information in the fields of recipes, personalized meal plans, cooking information, food and beverage preparation and providing information relating thereto are in International Class 43. 

 

Applicant is advised to delete or modify the duplicate entry in the identification of services in International Class 42 for “software as a service (SAAS) services featuring software that allows users of smart phones, mobile phones, portable media players, computers and related mobile devices to communicate with each other.”  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 has included the term “or” in the identification of goods and services.  However, this term is generally not accepted in identifications when (1) it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods or services; (2) the nature of the goods and services is unclear; or (3) classification cannot be determined from such wording.  See TMEP §1402.03(a).  In this case, it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods and services.

 

An application must specify, in an explicit manner, the particular goods or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce.  See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Therefore, applicant should replace “and/or” or “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with the “and/or” or “or” deleted and the goods or services specified using definite and unambiguous language. 

 

Applicant may substitute the following wording, if accurate:

 

International Class 9:  Downloadable computer application software for smart phones, mobile phones, portable media players, computers and related mobile devices, namely, software to customize, plan and advise recipes and meal plans that match user's preference, tastes, food storage, health and wellness, budgets, lifestyles, schedules and cooking skills, to provide shopping lists for the aforesaid recipes and information about delivery services and on-line market places that allows users to order and purchase the items on the aforesaid shopping lists, and to guide and instruct the users, step-by-step, through the aforesaid recipes and meal plans; downloadable computer application software for smart phones, mobile phones, portable media players, computers and related mobile devices, namely, software that allows users to access a computer database of information in the fields of recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage; downloadable computer application software that allows users of smart phones, mobile phones, portable media players, computers and related mobile devices to communicate with each other; downloadable computer application software that allows users of smart phones, mobile phones, portable media players, computers and related mobile devices to discuss and provide reviews, feedbacks and comments on information about recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage; downloadable software for {indicate the function of the software, e.g., scheduling meals, making ingredient lists, etc.} in the fields of cooking and meal planning; downloadable software to collect, systematize, compile, store, transmit, process and analyze data in the fields of recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage; downloadable software for providing information in the fields of recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage; downloadable electronic data files featuring information about recipes, meal plans, cooking, allergies, nutrition, lifestyles, food and beverage

 

International Class 35:  Promoting and showcasing the services of others in the fields of transport and delivery by means of providing links to the websites and advertisements of the service providers; providing on-line web directory services featuring links to the websites and advertisements of service providers in the fields of transport and delivery; promoting and showcasing the on-line market places of others by means of providing links to the websites and advertisements of the service providers; providing on-line web directory services featuring links to the websites and advertisements of on-line market places; advertising services; demonstration of goods; marketing; affiliate marketing; public relations; preparation and realization of media and advertising plans and concepts; business management analysis and business consultancy; market research and business analysis services; market research by means of a computer database; collection, systematization, compilation and analysis of business data and information stored in computer databases; provision of information concerning commercial sales; providing commercial information and advice for consumers in the choice of products and services; advertising and promotion services and related consulting; dissemination of advertising for others via a global computer network; online advertising services for others, namely, providing advertising space on internet web sites; promoting the goods and services of others; advertising and information distribution services, namely, providing classified advertising space via the global computer network; providing consumer product and service information via the internet; preparation of custom or non-custom advertising for businesses for dissemination via the web; providing online databases and websites featuring the ratings, reviews and recommendations on products and services in the fields of recipes, meal plans, cooking, food and beverage for commercial purposes posted by users and providing information relating thereto

 

International Class 38:  Providing online electronic bulletin boards for transmission of messages among computer users concerning recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage; electronic bulletin board services, namely, providing online interactive bulletin board for transmission of messages among computer users; providing an online, interactive electronic bulletin board for the transmission of messages among computer users concerning the sale of goods and services via a global communications network; providing on-line forums and discussion groups for transmission of messages among computer users; providing multi-user access to non-downloadable electronic data files on the Internet featuring information about recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage

 

International Class 42:  Providing temporary use of web-based software applications for smart phones, mobile phones, portable media players, computers and related mobile devices to customize, plan and advise recipes and meal plans that match user's preference, tastes, food storage, health and wellness, budgets, lifestyles, schedules and cooking skills, to provide shopping lists for the aforesaid recipes and information about delivery services and on-line market places that allows users to order and purchase the items on the aforesaid shopping lists, and to guide and instruct the users, step-by-step, through the aforesaid recipes and meal plans; providing temporary use of web-based software applications that allows users of smart phones, mobile phones, portable media players, computers and related mobile devices to access and interact with live and pre-recorded programs, audio and video recordings, and digital magazines in the fields of recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage; providing temporary use of web-based software applications that allows users of smart phones, mobile phones, portable media players, computers and related mobile devices to access a computer database of information in the fields of recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage; providing temporary use of web-based software applications that allows users of smart phones, mobile phones, portable media players, computers and related mobile devices to communicate with each other; providing temporary use of web-based software applications for {indicate the function of the software, e.g., scheduling meals, making ingredient lists, etc.} in the fields of cooking and meal planning; providing temporary use of web-based software applications to collect, systematize, compile, store, transmit, process and analyze data in the fields of recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage; providing temporary use of web-based software applications that allows users of smart phones, mobile phones, portable media players, computers and related mobile devices to discuss and provide reviews, feedbacks and comments on information about recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage; providing temporary use of web-based software applications for providing information in the fields of recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage; software as a service (SAAS) services featuring software for smart phones, mobile phones, portable media players, computers and related mobile devices to customize, plan and advise recipes and meal plans that match user's preference, tastes, food storage, health and wellness, budgets, lifestyles, schedules and cooking skills, to provide shopping lists for the aforesaid recipes and information about delivery services and on-line market places that allows users to order and purchase the items on the aforesaid shopping lists, and to guide and instruct the users, step-by-step, through the aforesaid recipes and meal plans; software as a service (SAAS) services featuring software that allows users of smart phones, mobile phones, portable media players, computers and related mobile devices to access and interact with live and pre-recorded programs, audio and video recordings, and digital magazines in the fields of recipes, meal plans, cooking, allergies, nutrition, lifestyles, food and beverage; software as a service (SAAS) services featuring software that allows users of smart phones, mobile phones, portable media players, computers and related mobile devices to access a computer database of information in the fields of recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage; software as a service (SAAS) services featuring software that allows users of smart phones, mobile phones, portable media players, computers and related mobile devices to communicate with each other; software as a service (SAAS) services featuring software for {indicate the function of the software, e.g., scheduling meals, making ingredient lists, etc.} in the fields of cooking and meal planning; software as a service (SAAS) services featuring software to collect, systematize, compile, store, transmit, process and analyze data in the fields of recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage; software as a service (SAAS) services featuring software that allows users of smart phones, mobile phones, portable media players, computers and related mobile devices to discuss or provide reviews, feedbacks and comments on information about recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage; software as a service (SAAS) services featuring software for providing information in the fields of recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage; computer services, namely, cloud hosting provider services; rental of server memory space for websites; hosting of web sites; computer software development in the field of mobile applications; computer software design, computer programming, maintenance of computer software, and creating and maintaining websites for others; computer services in the nature of developing customized web pages featuring user-defined information in the nature of personal profiles and information; providing a web site featuring technology that allows users to access a computer database of information in the fields of recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage; software development and product development in the field of recipes, food and beverage; providing temporary use of non-downloadable data files featuring information about recipes, meal plans, cooking, health and wellness, allergies, nutrition, lifestyles, food and beverage in the nature of non-downloadable software for {indicate function of the software}

 

International Class 43:  Providing personalized meal planning services via internet featuring interactive menu planning, sample meal plans and shopping lists for recipes and providing information relating thereto; planning and advice concerning personalized meal plans and cooking recipes and providing information relating thereto; consultancy services in the field of culinary arts and providing information relating thereto; providing information about recipes, personalized meal plans, cooking information, and food and beverage preparation; providing an online computer database in the field of recipes, personalized meal plans, cooking information, food and beverage preparation, and providing information relating thereto; providing a website featuring information in the field of recipes, personalized meal plans, cooking information, food and beverage preparation, and providing information relating thereto; provision of information relating to the preparation of food and beverage; providing online databases and websites featuring information in the fields of recipes, personalized meal plans, cooking information, food and beverage preparation and providing information relating thereto; information and advice in relation to the preparation of meals

 

International Class 44:  Acceptable as written.

 

International Class 45:  Acceptable as written.

 

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).  Additionally, for U.S. applications filed under Trademark Act Section 44(e), the scope of the identification for purposes of permissible amendments may not exceed the scope of the goods and/or services identified in the foreign registration.  37 C.F.R. §2.32(a)(6); Marmark, Ltd. v. Nutrexpa, S.A., 12 USPQ2d 1843, 1845 (TTAB 1989) (citing In re Löwenbräu München, 175 USPQ 178, 181 (TTAB 1972)); TMEP §§1012, 1402.01(b).

 

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.

 

Intent to Perfect

 

The application specifies both an intent to use basis under Trademark Act Section 1(b) and a claim of priority under Section 44(d) based on a foreign application.  See 15 U.S.C. §§1051(b), 1126(d); 37 C.F.R. §2.34(a)(2), (a)(4).  However, no copy of a foreign registration has been provided even though the application indicates applicant’s intent to rely on Section 44(e) as an additional basis for registration.  See 15 U.S.C. §1126(e).

 

An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an applicant’s country of origin.  15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004, 1004.01, 1016.  In addition, an applicant’s country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law.  15 U.S.C. §1126(b); TMEP §§1002.01, 1004.

 

Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available.  TMEP §1003.04(a).  A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in applicant’s country of origin.  TMEP §1004.01.  If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to applicant’s country of origin.  TMEP §1016.  In addition, applicant must also provide an English translation if the foreign registration is not written in English.  37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b).  The translation should be signed by the translator.  TMEP §1004.01(b).

 

If the foreign registration has not yet issued, or applicant requires additional time to procure a copy of the foreign registration (and English translation, as appropriate), applicant should so inform the trademark examining attorney and request that the U.S. application be suspended until a copy of the foreign registration is available.  TMEP §§716.02(b), 1003.04(b).

 

If applicant cannot satisfy the requirements of a Section 44(e) basis, applicant may request that the mark be approved for publication based solely on the Section 1(b) basis.  See 15 U.S.C. §§1051(b), 1126(e); 37 C.F.R. §2.35(b)(1); TMEP §§806.02(f), 806.04(b), 1003.04(b).  Although the mark may be approved for publication on the Section 1(b) basis, it will not register until an acceptable allegation of use has been filed.  See 15 U.S.C. §1051(c)-(d); 37 C.F.R. §§2.76, 2.88; TMEP §1103.  Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration.  See 37 C.F.R. §2.35(b)(3)-(4); TMEP §§806.02(f), 806.04(b). 

 

Alternatively, applicant has the option to amend the application to rely solely on the Section 44(e) basis and request deletion of the Section 1(b) basis.  See 37 C.F.R. §2.35(b)(1); TMEP §806.04.  The foreign registration alone may serve as the basis for obtaining a U.S. registration.  See 37 C.F.R. §2.34(a)(3); TMEP §806.01(d).

 

Response Options

 

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 refusal(s) and/or requirement(s) 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. 

 

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

 

 

/Shelby Niemann/

Shelby Niemann

Trademark Examining Attorney

Law Office 125

(571) 270-7330

shelby.niemann@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 June 05, 2020 for

U.S. Trademark Application Serial No. 88866435

 

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. 

 

 

/Shelby Niemann/

Shelby Niemann

Trademark Examining Attorney

Law Office 125

(571) 270-7330

shelby.niemann@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 June 05, 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.”