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:  July 08, 2020

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

SUMMARY OF ISSUES:

      I.         Section 2(d) Refusal – Likelihood of Confusion

     II.         Identification of Goods and Services Partial Requirement

 

      I.         SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 2305064.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registration. Please note, while the maintenance documents have not yet been recorded as filed for the cited registration, the registration will not be eligible for cancellation until on or after August 4, 2020 due to an additional thirty day Administrative waiting period.

 

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. 

 

The applicant’s mark is “SUNFLOWER” in standard characters for:

 

International Class 9: Downloadable and recorded software development tools; downloadable and recorded software for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable and recorded software development tools; downloadable and recorded software for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable software for the creation of computer-generated imagery and graphics, for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable software for the creation of computer-generated imagery and graphics, for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable and recorded software for character rigging, face rigging, character modeling, and face modeling, for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable and recorded software for character rigging, face rigging, character modeling, and face modeling, for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable and recorded software for translating human movements, expression, and appearance into digital human characters or representations, for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable and recorded software for translating human movements, expression, and appearance into digital human characters or representations, for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable and recorded software featuring digital human characters or representations for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable and recorded software featuring digital human characters or representations for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable graphics for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable graphics for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable virtual goods, namely, computer programs featuring digital content for use in online virtual worlds and real-time 3D sites

 

Class 42: Computer software design; developing computer software; computer graphics design services; providing temporary use of non-downloadable computer software for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; providing temporary use of non-downloadable computer software for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; computer graphics design services, namely, creation of 2D and 3D computer models; computer graphics design services, namely, character rigging, face rigging, character modeling, and face modeling, for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; computer graphics design services, namely, character rigging, face rigging, character modeling, and face modeling, for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; 3D scanning services, namely, scanning humans, animals, and objects, for the purpose of creating digital characters or representations; computer graphics design consultation

 

The registrant’s mark is “SUNFLOWERS” in standard characters for:

 

International Class 9: computer game software and video game software

 

SIMILARITY OF 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).

 

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). Here, the applicant’s mark, namely, “SUNFLOWER” is the singular form of the registrant’s mark, namely, “SUNFLOWERS”.

 

Therefore, for the reasons set forth above, the registrant’s mark and applicant’s mark have a virtually identical commercial impression for the purposes of this analysis.

 

RELATEDNESS OF GOODS AND SERVICES

 

The compared goods and/or 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).

 

Where the marks of the respective parties are identical or virtually identical, as in this case, the degree of similarity or relatedness between the goods and/or services needed to support a finding of likelihood of confusion declines.  See In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411 (TTAB 2015) (citing In re Shell Oil Co., 992 F.2d 1204, 1207, 26 USPQ2d 1687, 1689 (Fed. Cir. 1993)), aff’d, 866 F.3d 1315, 123 USPQ2d 1744 (Fed. Cir. 2017); TMEP §1207.01(a).

 

Determining likelihood of confusion is based on the description of the goods and/or 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 registration uses broad wording to describe “computer game software and video game software”, which could encompass downloadable and non-downloadable software, and which presumably encompasses all goods and services of the type described, including applicant’s more narrow goods and services, including those used to make computer and video game software.  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). Notably, when the cited registrant’s software is identified broadly without restriction or limitation as to the purpose or function, the software is presumed to encompass all goods of that type, including the same type of software as applicant.  See In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); In re N.A.D., Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1207.01(a)(iii). In addition, as the record indicates, the goods and services at issue have complementary uses, namely for creating video and computer games, and thus are often used together or otherwise purchased by the same purchasers for the same or related purposes, such goods have generally been found to be sufficiently related such that confusion would be likely if they are marketed under the same or similar marks. See In re Martin’s Famous Pastry Shoppe, Inc., 748 F.2d 1565, 1567, 223 USPQ 1289, 1290 (Fed. Cir. 1984) ; In re Hester Indus., Inc., 231 USPQ 881, 882-83 (TTAB 1986). Thus, applicant’s and registrant’s goods and 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 goods and/or 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 goods and/or services are related.

 

OVERALL CONCLUSION

 

For the reasons set forth above, the applied-for mark “SUNFLOWER” and registered mark “SUNFLOWER” are similar because the marks share a virtually identical common commercial impression. Further, as described above, the goods and services under the applied-for mark are similar to the goods under the registered mark. Thus, upon encountering “SUNFLOWER” used to promote the applicant’s goods and services and “SUNFLOWERS” used to promote the registrant’s goods, consumers are likely to be confused and mistakenly believe the respective goods and services emanate from a common source.

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.  However, if applicant responds to the refusal, applicant must also respond to the partial requirement set forth below.

 

2. IDENTIFICATION OF GOODS AND SERVICES PARTIAL REQUIREMENT

 

Note, this partial requirement does not apply to the following goods and services:

 

Class 9: Downloadable and recorded software development tools; downloadable virtual goods, namely, computer programs featuring digital content for use in online virtual worlds and real-time 3D sites

 

Class 42: Computer software design; developing computer software; computer graphics design services; computer graphics design services, namely, creation of 2D and 3D computer models; computer graphics design services, namely, character rigging, face rigging, character modeling, and face modeling, for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; computer graphics design services, namely, character rigging, face rigging, character modeling, and face modeling, for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media

 

Indefinite Identification

 

The following wording in the identification of goods and services is indefinite and must be clarified because the type of goods and services is not clear.  In addition, the identifications for software in International Classes 9 and 42 are indefinite and must be clarified to further specify the purpose or function of the software and its content or field of use, if content- or field- specific. See suggested identification below. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Class 9: downloadable graphics for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; 

 

Class 42: 3D scanning services, namely, scanning humans, animals, and objects, for the purpose of creating digital characters or representations; computer graphics design consultation

 

Duplicate Entries Advisory

 

Applicant is advised to delete or modify the duplicate entry in the identification of goods in International Class 9 for “Downloadable and recorded software development tools.”  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).

 

Suggested Identification

 

Applicant may substitute the following wording, if accurate. The bold formatting represents new or edited wording, the bold italic formatting represents wording to be filled in by the applicant, and the strikethrough formatting represents wording to be deleted by the applicant:

 

Class 9: Downloadable and recorded software development tools; downloadable and recorded software for use in the creating, developing, producing, and operating of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable and recorded software development tools; downloadable and recorded software for use in the creating, developing, and producing of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable software for the creating of computer-generated imagery and graphics, for use in the creating, developing, producing, and operating of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable software for the creating of computer-generated imagery and graphics, for use in the creating, developing, and producing of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable and recorded software for character rigging, face rigging, character modeling, and face modeling, for use in the creating, developing, producing, and operating of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable and recorded software for character rigging, face rigging, character modeling, and face modeling, for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable and recorded software for translating human movements, expression, and appearance into digital human characters or representations, for use in the creating, developing, producing, and operating of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable and recorded software for translating human movements, expression, and appearance into digital human characters or representations, for use in the creating, developing, and producing of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable and recorded software featuring for {needs verb to describe function clearly, e.g., creating} digital human characters or representations and for use in the creating, developing, producing, and operating of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable and recorded software featuring for {needs verb to describe function clearly, e.g., creating} digital human characters or representations for use in the creating, developing, and producing of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable graphics for use in the creating, developing, producing, and operating of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; downloadable {specify type of graphics, e.g., computer, for mobile phones, design templates} graphics for use in the creating, developing, and producing of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; downloadable virtual goods, namely, computer programs featuring digital content for use in online virtual worlds and real-time 3D sites

 

Class 42: Computer software design; developing computer software; computer graphics design services; providing temporary use of non-downloadable computer software for use in the creating, developing, producing, and operating of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; providing temporary use of non-downloadable computer software for use in the creating, developing, and producing of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; computer graphics design services, namely, creation of 2D and 3D computer models; computer graphics design services, namely, character rigging, face rigging, character modeling, and face modeling, for use in the creation, development, production, and operation of 2D and 3D games, 2D and 3D interactive game and non-game worlds and virtual environments, virtual reality, augmented reality, mixed reality and extended reality experiences, 2D and 3D animations, simulations and visualizations, and real-time 3D sites; computer graphics design services, namely, character rigging, face rigging, character modeling, and face modeling, for use in the creation, development, and production of motion pictures, television programs, videos, animations, simulations, visualizations, and digital media; 3D photo scanning services, namely, scanning humans, animals, and objects, for the purpose of creating digital characters or representations; computer graphics design consulting services

 

Scope Advisory

 

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).

 

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.

 

RESPONSE GUIDELINES

 

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.    

 

 

/Shannon B. Keating/

Shannon Keating

Trademark Examining Attorney

Law Office 126

571-270-3734

shannon.keating@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 July 08, 2020 for

U.S. Trademark Application Serial No. 88948661

 

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. 

 

 

/Shannon B. Keating/

Shannon Keating

Trademark Examining Attorney

Law Office 126

571-270-3734

shannon.keating@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 July 08, 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.”