Suspension Inquiry

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

SUSPENSION INQUIRY

Response Required

 

The USPTO must receive applicant’s response to this inquiry 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:  September 03, 2021

 

 

The trademark examining attorney is issuing this inquiry letter to determine whether the application should continue to be suspended. 

 

Status required regarding foreign registration/renewal.  The application was previously suspended until applicant provided a copy of a foreign registration from applicant’s country of origin or proof that the registration was renewed.  TMEP §§716.02(b), 716.05.

 

How to respond.  Applicant’s response to this inquiry should include either: 

 

(1) A statement that the foreign application or registration renewal is still pending, or
(2) A copy of the foreign registration or renewal document, including an English translation if the copy is not in English. 

 

TMEP §§716.05, 1003.04(c), 1004.01(a); see 37 C.F.R. §2.34(a)(3)(ii)-(iii). 

 

Click to file a response to this suspension inquiry.

 

Once the reason for suspension has been resolved, the examining attorney will remove this application from suspension and resume examination. 

 

Option to Delete Section 1(b) Filing Basis Advisory

 

Note: This is merely an advisory section and not a requirement.

 

The application specifies both an intent to use basis under Trademark Act Section 1(b) and reliance on a foreign registration(s) under Section 44 (e). See 15 U.S.C. §§1051(b), 1126(e); 37 C.F.R. §2.34(a)(2)-(3). However, the foreign registration alone may serve as a basis for obtaining a U.S. registration. See 37 C.F.R. §2.34(a)(3); TMEP §806.01(d). If applicant wants to rely solely on the foreign registration under Section 44(e) as the basis, applicant can request deletion of the Section 1(b) basis. See 37 C.F.R. §2.35(b)(1); TMEP §806.04.

 

Unless applicant indicates otherwise, the USPTO will presume that applicant is relying on both Sections 1(b) and 44(e). Thus, although the mark may be approved for publication, it will not register until an acceptable allegation of use has been filed for the goods and/or services based on Section 1(b).

 

If applicant no longer wants to rely on a Section 44(e) filing basis, applicant is encouraged to email or telephone the assigned trademark examining attorney to resolve the issue(s) raised in this Office action by examiner’s amendment. Although the USPTO will not accept a formal response by e-mail, an applicant may communicate informally by phone or e-mail with the trademark examining attorney to agree to a proposed amendment to the application that will immediately place the application in condition for publication for opposition, issuance of a registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707.

 

/Tina H. Mai/

Trademark Examining Attorney

Law Office 117

571-272-4110

tina.mai@uspto.gov (for informal communications)

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS 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 September 03, 2021 for

U.S. Trademark Application Serial No. 88939530

 

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. 

 

 

/Tina H. Mai/

Trademark Examining Attorney

Law Office 117

571-272-4110

tina.mai@uspto.gov (for informal communications)

 

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 September 03, 2021, 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.”