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:  August 17, 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.

 

Section 2(d) Refusal – Likelihood of Confusion

 

The following refusal pertains to the Class 41 services only.

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 2204573 and 4832657.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registrations.

 

Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be confused, mistaken, or deceived as to the commercial source of the goods and/or services of the parties.  See 15 U.S.C. §1052(d).  Likelihood of confusion is determined on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) (called the “du Pont factors”).  In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017).  Any evidence of record related to those factors need be considered; however, “not all of the DuPont factors are relevant or of similar weight in every case.”  In re Guild Mortg. Co., 912 F.3d 1376, 1379, 129 USPQ2d 1160, 1162 (Fed. Cir. 2019) (quoting In re Dixie Rests., Inc., 105 F.3d 1405, 1406, 41 USPQ2d 1531, 1533 (Fed. Cir. 1997)).

 

Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis:  (1) the similarities between the compared marks and (2) the relatedness of the compared goods and/or services.  See In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); Federated Foods, Inc. v. Fort Howard Paper Co.,544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the marks.”); TMEP §1207.01. 

 

Comparison of the Marks

 

Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.  Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v).  “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.”  In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)), aff’d per curiam, 777 F. App’x 516, 2019 BL 343921 (Fed. Cir. 2019); TMEP §1207.01(b).

 

The applicant’s mark consists of the wording “GENTING SKYWORLDS” in stylized letters beneath the design of a city skyline superimposed on a cloud with stars.

 

The mark in the ‘573 registration consists of the wording “SKY WORLD” in standard characters.

 

The mark in the ‘657 registration consists of the wording “SKYWORLD” in standard characters.

 

As for the wording in the mark, the applicant has merely added the term “GENTING” to a form of the term “SKYWORLD”.  Adding a term to a registered mark generally does not obviate the similarity between the compared marks, as in the present case, nor does it overcome a likelihood of confusion under Section 2(d).  See Coca-Cola Bottling Co. v. Jos. E. Seagram & Sons, Inc., 526 F.2d 556, 557, 188 USPQ 105, 106 (C.C.P.A. 1975) (finding BENGAL and BENGAL LANCER and design confusingly similar); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1269 (TTAB 2009) (finding TITAN and VANTAGE TITAN confusingly similar); In re El Torito Rests., Inc., 9 USPQ2d 2002, 2004 (TTAB 1988) (finding MACHO and MACHO COMBOS confusingly similar); TMEP §1207.01(b)(iii).  In the present case, the marks are virtually identical in part.

 

The fact that the applicant’s mark uses the plural form “SKYWORLD” does not overcome a finding of similarity, nor does its display as a unitary term.  An applied-for mark that is the singular or plural form of a registered mark is essentially identical in sound, appearance, meaning, and commercial impression, and thus the marks are confusingly similar.  Swiss Grill Ltd., v. Wolf Steel Ltd., 115 USPQ2d 2001, 2011 n.17 (TTAB 2015) (holding “it is obvious that the virtually identical marks [the singular and plural of SWISS GRILL] are confusingly similar”); Weider Publ’ns, LLC v. D & D Beauty Care Co., 109 USPQ2d 1347, 1355 (TTAB 2014) (finding the singular and plural forms of SHAPE to be essentially the same mark) (citing Wilson v. Delaunay, 245 F.2d 877, 878, 114 USPQ 339, 341 (C.C.P.A. 1957) (finding no material difference between the singular and plural forms of ZOMBIE such that the marks were considered the same mark).

 

When evaluating a composite mark consisting of words and a design, the word portion is normally accorded greater weight because it is likely to make a greater impression upon purchasers, be remembered by them, and be used by them to refer to or request the goods and/or services.  In re Aquitaine Wine USA, LLC, 126 USPQ2d 1181, 1184 (TTAB 2018) (citing In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012)); TMEP §1207.01(c)(ii).  Thus, although marks must be compared in their entireties, the word portion is often considered the dominant feature and is accorded greater weight in determining whether marks are confusingly similar, even where the word portion has been disclaimed.  In re Viterra Inc., 671 F.3d at 1366-67, 101 USPQ2d at 1911 (citing Giant Food, Inc. v. Nation’s Foodservice, Inc., 710 F.2d 1565, 1570-71, 218 USPQ2d 390, 395 (Fed. Cir. 1983)).

 

When comparing marks, “[t]he proper test is not a side-by-side comparison of the marks, but instead whether the marks are sufficiently similar in terms of their commercial impression such that [consumers] who encounter the marks would be likely to assume a connection between the parties.”  Cai v. Diamond Hong, Inc., 901 F.3d 1367, 1373, 127 USPQ2d 1797, 1801 (Fed. Cir. 2018) (quoting Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1368, 101 USPQ2d 1713, 1721 (Fed. Cir. 2012)); TMEP §1207.01(b).  The proper focus is on the recollection of the average purchaser, who retains a general rather than specific impression of trademarks.  In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018) (citing In re St. Helena Hosp., 774 F.3d 747, 750-51, 113 USPQ2d 1082, 1085 (Fed. Cir. 2014); Geigy Chem. Corp. v. Atlas Chem. Indus., Inc., 438 F.2d 1005, 1007, 169 USPQ 39, 40 (C.C.P.A. 1971)), aff’d per curiam, 777 F. App’x 516, 2019 BL 343921 (Fed. Cir. 2019); TMEP §1207.01(b).

 

Comparison of the Services

 

The compared services need not be identical or even competitive to find a likelihood of confusion.  See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000); TMEP §1207.01(a)(i).  They need only be “related in some manner and/or if the circumstances surrounding their marketing are such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).

 

The applicant’s services are identified as:

 

            Class 41:

 

Education; providing of training; entertainment, sporting and cultural activities; amusement park operations and services ; theme park operations and services; providing amusement arcade services; booking of seats for shows; bookmobile services; providing casino facilities; (gambling); casino services; leasing of casino games; cinema presentations; movie theatre presentations; club services (entertainment or education); arranging and conducting of colloquiums, concerts, conferences, congresses, seminars, symposiums, workshops (training), beauty contests and exhibitions for cultural or educational purposes and fashion shows for entertainment purposes; cultural, educational or entertainment services provided by art galleries; disc jockey services; discotheque services; entertainment services; entertainment information; conducting fitness classes; gambling services; gaming services; game services provided on-line from a computer network; providing golf facilities; conducting guided tours; health club services (health and fitness training) ; holding camp services (entertainment) ; karaoke services; nightclub services (entertainment); organization of competitions (education or entertainment); organization of exhibitions for cultural or educations purposes; organization of lotteries; organization of balls; organization of entertainment events; party planning (entertainment) ; presentation of variety shows; presentation of live performances; providing recreation facilities; sport camp services; ticket agency services (entertainment); provision of advice, information and consultation in relation to the afore-mentioned services; Providing theme park facilities; Theme park services; Amusement park and theme park services; Amusement arcade services; Amusement center services; Amusement centre services; Amusement park services; Providing amusement arcade services; Providing amusement facilities; Providing amusement park facilities; Amusement park and funfair services; Production of amusement park shows; Entertainment in the nature of an amusement park ride; Entertainment in the nature of an amusement park show; Entertainment services provided by recreation and amusement parks; Rental of amusement machines and apparatus; Entertainment in the nature of a water park and amusement center; Entertainment in the nature of a water park and amusement centre; Entertainment services in the nature of an amusement park show

 

            Class 43:

 

Services for providing food and drink; temporary accommodation; bar services; boarding house services; café services; cafeteria services; rental of chairs, tables, table linen, glassware; rental of cooking apparatus; rental of water dispensers; food and drink catering; food sculpting; holiday camp services (lodging) ; hotel services; resort hotel services; hotel reservations; rental of meeting rooms; motel services; reception services for temporary accommodation (management of arrivals and departures); restaurant services; self-service restaurant services; snack-bar services; rental of temporary accommodation; temporary accommodation reservations; rental of tents; tourist home services; rental of transportable buildings; provision and rental of space for food and drink services; boarding of animals; reservation services; hotel reservation services; hotel reservation services provided via the internet; providing online information relating to hotel reservations; making hotel reservations for others; agency services for booking of hotel accommodation; provision of advice, information and consultation in relation to the afore-mentioned services

 

 

The services in the ‘573 registration are identified as:

 

            Class 41:

 

On-going children's television programs; providing an electronic bulletin board for children's entertainment and education, featuring, topics designed to motivate and inspire children in organization, personal development, and the realization of their goals; educational and entertainment services, namely, on-line services for children's entertainment and education, featuring, stories, cartoons, games, music and related activities and exercises designed to motivate and inspire children in organization, personal development, and the realization of their goal

 

The relevant services in the ‘657 registration are identified as:

 

            Class 41:

 

Amusement arcades; Amusement centers; Amusement park and theme park services; Amusement parks; Children's entertainment and amusement centers, namely, interactive play areas; Entertainment in the nature of a water park and amusement center; Entertainment in the nature of a water park ride; Entertainment in the nature of an amusement park ride; Entertainment services in the nature of an amusement park attraction, namely, a themed area; Entertainment services in the nature of an amusement park show; Entertainment services, namely, arranging and conducting special events at an amusement park; Entertainment services, namely, arranging for ticket reservations for amusement park attractions; Entertainment services, namely, arranging for ticket reservations for water parks and amusement centers; Providing amusement facilities; Providing amusement parks; Providing theme park services

 

Determining likelihood of confusion is based on the description of the services stated in the application and registration at issue, not on extrinsic evidence of actual use.  See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).  

 

In this case, the application uses broad wording to describe its entertainment services, which presumably encompasses all services of the type described, including registrants’ more narrow children’s television entertainment and amusement park/arcade/water park services.  See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015).  Thus, applicant’s and registrant’s services are legally identical.  See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v. Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).

 

Additionally, the services of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers.”  In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)).  Thus, applicant’s and registrant’s services are related.

 

Where the services of an applicant and registrant are “similar in kind and/or closely related,” the degree of similarity between the marks required to support a finding of likelihood of confusion is not as great as in the case of diverse services.  In re J.M. Originals Inc., 6 USPQ2d 1393, 1394 (TTAB 1987); see Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1242, 73 USPQ2d 1350, 1354 (Fed. Cir. 2004); TMEP §1207.01(b).

 

The wording “entertainment services” in the applicant’s identification of services is so broad that it covers any and all services provided to entertain others including those in the ‘573 registration.  Moreover, the applicant’s amusement park, theme park, arcade, and water park services are legally identical to the services in the ‘657 registration.

 

The term “SKYWORLDS” is similar in sound, spelling and commercial meaning to the terms “SKY WORLD” and “SKYWORLD”.  The services of the applicant in Class 41 clearly overlap with the services in both registrations.  For the reasons cited, the examiner finds there is a likelihood of confusion and registration is refused under Section 2(d) of the Trademark Act.

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

 

If applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.

 

Identification

 

The identification of services is indefinite and must be clarified because the exact nature of some of the services to be provided is unknown due to unacceptably broad wording.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Moreover, the identification of services contains parentheses.  Generally, applicants should not use parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and brackets in registrations to indicate goods and/or services that have been deleted from registrations or in an affidavit of incontestability to indicate goods and/or services not claimed.  See TMEP §1402.12.  The only exception is that parenthetical information is permitted in identifications in an application if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity or scope of the identification, e.g., “fried tofu pieces (abura-age).”  Id.

 

Therefore, applicant must remove the parentheses from the identification and incorporate any parenthetical or bracketed information into the description of the services.

 

 

Applicant may adopt the following identification, if accurate.  Suggested amendments appear in bold, underlined wording and examples of acceptable language appears in italics. 

 

            Class 35:

 

Business management of temporary accommodations in the nature of hotels, motels, inns and guesthouses for others

 

            Class 41:

 

Education, namely, [describe the nature of the educational  services provided and subject matter of the services]; providing training [specify format e.g. classes, workshops, seminars, etc.] in the field of [specify subject matter]; entertainment, sporting and cultural activities, namely, [specify services by common commercial name]; amusement park and theme park services; providing amusement arcade services; booking of seats for shows; bookmobile services; providing casino facilities for gambling; casino services; leasing of casino game equipment; cinema theaters; movie showing; club services, namely, [specify type of club e.g. golf club, country club, comedy club, night club, etc.] services; arranging and conducting of colloquiums, concerts, conferences, congresses, seminars, symposiums, workshops and training in the field of [specify subject matter], beauty contests and exhibitions for cultural or educational purposes and fashion shows for entertainment purposes; cultural, educational or entertainment services relating to fine art provided by art galleries; disc jockey services; discotheque services; entertainment services, namely, [specify by common commercial name]; providing entertainment information; conducting fitness classes; gambling services; gaming services in the nature of casino gambling; game services, namely, providing on-line video games from a computer network; providing golf facilities; conducting guided tours of [specify where tours take place, e.g. historical homes, wineries, nature parks, etc.]; health club services for physical exercise ; holiday camp services; karaoke lounge services; nightclub services; organization of competitions, namely, [specify type of competitions, e.g. athletic, spelling bees, cooking, etc.]; organization of exhibitions for cultural or educations purposes; organization of lotteries; organization of balls; organization of social entertainment events; party planning; presentation of variety shows; presentation of live [indicate type of performance, e.g. music, singing, dancing, etc.] performances; providing recreation facilities; sport camp services; ticket agency services; provision of advice, information and consultation in relation to the afore-mentioned services; Providing theme park facilities; Theme park services; Amusement park and theme park services; Amusement arcade services; Amusement center services; Amusement centre services; Amusement park services; Providing amusement arcade services; Providing amusement facilities; Providing amusement parks; Amusement park and funfair attractions services; Production of live amusement park shows; Entertainment in the nature of an amusement park ride; Entertainment in the nature of an amusement park show; Entertainment services in the nature of recreation and amusement parks; Rental of amusement machines and apparatus; Entertainment in the nature of a water park and amusement center; Entertainment in the nature of a water park and amusement centre; Entertainment services in the nature of an amusement park show

 

Class 43:

 

Providing of food and drink; temporary accommodation; bar services; boarding house services; café services; cafeteria services; rental of chairs, tables, table linen, glassware; rental of cooking apparatus; rental of water dispensers; food and drink catering; food sculpting; providing temporary lodging at holiday camps; hotel services; resort hotel services; making hotel reservations for others; rental of meeting rooms; motel services; restaurant services; self-service restaurant services; snack-bar services; rental of temporary accommodation; making temporary accommodation reservations for others; rental of tents; tourist home services; rental of transportable buildings; provision and rental of banquet and social functions facilities for food and drink services; boarding of animals; making reservations for [specify what is being reserved] for others; making hotel reservations and bookings for others; providing a website for making reservations and bookings for hotels via the internet; providing online information relating to hotel reservations; making hotel reservations for others; agency services for booking of hotel accommodation; provision of advice, information and consultation in relation to the afore-mentioned services

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

 

Classification

 

If applicant adopts the suggested amendment of the services, then applicant must amend the classification to International Classes 35, 41, and 43.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401.

 

Combined Application Requirements

 

The application identifies services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(1)       List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)       Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule).  The application identifies services that are classified in at least 3 classes; however, applicant submitted a fee(s) sufficient for only 2 classes.  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).

 

For an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.

 

 

Significance of Term

 

To permit proper examination of the application, applicant must specify whether “GENTING” in the mark has any meaning in a foreign language.  See 37 C.F.R. §§2.32(a)(9), 2.61(b); TMEP §§809, 814.  If the wording has meaning in a foreign language, applicant must provide an English translation, and may use the following format:  The English translation of “GENTING” is “{insert English translation}”.  TMEP §809.03. 

 

Alternatively, if the wording has no meaning in a foreign language, applicant should provide the following statement:  The wording “GENTING” has no meaning in a foreign language. 

 

Id.

Mark Description Incomplete

 

Applicant must submit an amended description of the mark because the current one is incomplete and does not describe all the significant aspects of the mark.  37 C.F.R. §2.37; see TMEP §§808.01, 808.02.  Descriptions must be accurate and identify all the literal and design elements in the mark.  See 37 C.F.R. §2.37; TMEP §§808 et seq. 

 

The following description is suggested, if accurate:  The mark consists of the wording “GENTING SKYWORLDS” in stylized letters positioned beneath the design of a city skyline superimposed on the design of clouds containing four-point stars.

 

 

 

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

 

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. 

 

 

 

 

/Karen Bracey/

Examining Attorney

Law Office 116

571-272-9132

karen.bracey@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 August 17, 2020 for

U.S. Trademark Application Serial No. 88918009

 

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. 

 

 

/Karen Bracey/

Examining Attorney

Law Office 116

571-272-9132

karen.bracey@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 August 17, 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.”