UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.  A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.

 

ISSUE/MAILING DATE: 10/29/2018

 

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

 

SEARCH OF OFFICE’S DATABASE OF MARKS

 

PRIOR-FILED APPLICATION

 

The filing date of pending U.S. Application Serial No. 79233004 precedes applicant’s filing date.  See attached referenced application.  If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks.  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced application.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

 

However, applicant must address the following issues:

 

SUMMARY OF ISSUES:

• Likelihood of confusion with U.S. Registration Nos. 5094303 and 4293987 – class 9
• Identification of goods is indefinite and overly broad
• Multiple class advisory
• New description of mark required

 

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION – Class 9

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 5094303 and 4293987.  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 so resembles a registered mark that it is likely a consumer would be confused, mistaken, or deceived as to the source of the goods of the applicant and registrant.  See 15 U.S.C. §1052(d).  Determining likelihood of confusion is made 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).  In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017).  However, “[n]ot all of the [du Pont] factors are relevant to every case, and only factors of significance to the particular mark need be considered.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1366, 101 USPQ2d 1713, 1719 (Fed. Cir. 2012) (quoting In re Mighty Leaf Tea, 601. F.3d 1342, 1346, 94 USPQ2d 1257, 1259 (Fed. Cir 2010)).  The USPTO may focus its analysis “on dispositive factors, such as similarity of the marks and relatedness of the goods.”  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)); see TMEP §1207.01. 

 

Applicant’s mark is “BLUECREST” for the relevant goods “printers; high volume printers; software for printers; software for sorting machines; software for inserting machines” in International Class 9.

 

Registrant’s mark is “SILVERCREST” for “Photographic, cinematographic, optical, weighing, measuring, signalling, checking and supervision apparatus and instruments, namely, cameras, scales, directional compasses, signaling lights and buoys, underwater housings for cameras, underwater enclosures for cameras and underwater enclosures for photographic lenses; Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, namely, electric conductors, electric transformers, electric accumulators, electric current switches, electric connectors, rectifiers, attenuators, voltage regulators, electric loop controllers, alternating and direct current voltage converters and electric light dimmers; Apparatus for recording, transmission or reproduction of sound or images; blank Magnetic data carriers; Mechanisms for coin-operated apparatus; Calculating machines, Hand-held calculators, Data-processing apparatus; Computer peripherals, Keyboards, Computer mouses; Memory carriers, namely, computer memories; Memory cards, Recorded and unrecorded compact discs, DVDs, namely, blank recordable CD-Rs and DVD-Rs and pre-recorded CDs and DVDs featuring music, educational topics, travel information, audio books, topics of general information and films; Acoustic machines and apparatus, namely, acoustic conduits, acoustic meters, acoustic coupling devices, apparatus for wireless transmission of acoustic information, acoustic sound alarms; Acoustic couplers, Sound amplifiers, Radios, Car radios, Horns for loudspeakers, Loudspeakers, Microphones, Mp3-player, Stereo tuners, Headphones; Audio-visual machines and apparatus, namely, audio amplifiers, audio cables, audiovisual receivers; Televisions, Liquid crystal televisions, Plasma televisions, Television receivers, television Decoders, Beamers, namely, video projectors; Cinematographic and Video cameras, Camcorder, DVD players, DVD recorders, Hard disk recorders, Video players, Video recorders, Combined DVD and video players and recorders, satellite installations, namely, satellite dishes, satellite processors, transmitters and receivers, satellite communications apparatus to transmit communications from a vehicle to another vehicle; Optical sensors; Copying apparatus and Driving motors, namely, photocopying machines and electronic power supplies for driving electric motors; Electric cables, Audio- and Video cables, Electric condensers, Circuit breakers, Bar code readers, Electric energy cost-measuring apparatus, namely, measuring and control devices for air conditioning technology; USB devices, namely, USB hardware, cables and hubs; USB storage media, namely, blank USB flash drives; Telephone apparatus, Telephones, Mobile telephones, Telephone receivers; Teleprinters, Facsimile telegraphy apparatus, Scanners, Multifunctional printers with printing, scanning and fax functions, telecommunication Transmitters; Personal weighing scales” in International Class 9.

 

Registrant second’s mark is “SILVERCREST” for “Photographic, cinematographic, optical, weighing, measuring, signaling, checking and supervision apparatus and instruments, namely, cameras, scales, directional compasses, signaling lights and buoys, underwater housings for cameras, underwater enclosures for cameras and underwater enclosures for photographic lenses; thermometers, not for medical purposes; binoculars; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, namely, electric conductors, electric transformers, electric accumulators, electric current switches, electric connectors, rectifiers, attenuators, voltage regulators, electric loop controllers, alternating and direct current voltage converters and electric light dimmers; apparatus for recording, transmission or reproduction of sound or images; blank magnetic data carriers; prerecorded magnetic data carriers for word processing; prerecorded magnetic data carriers featuring music, photographic images, educational topics, and general interest information; automatic vending machines and mechanisms for coin-operated apparatus; calculating machines, hand-held calculators, data processors; computer peripherals, keyboards, computer mouses; memory carriers, namely, electronic memories; memory cards; recorded and unrecorded compact discs and DVDs, namely, blank recordable CD-Rs and DVD-Rs and pre-recorded CDs and DVDs featuring music, educational topics, travel information, audio books, topics of general information and films; acoustic machines and apparatus, namely, acoustic conduits, acoustic meters, acoustic coupling devices, apparatus for wireless transmission of acoustic information, acoustic sound alarms, acoustic couplers, sound amplifiers, radios, car radios, horns for loudspeakers, loudspeakers, microphones, mp3-player, stereo tuners, headphones; audiovisual machines and apparatus, namely, audio amplifiers, audio cables, audiovisual receivers; televisions, liquid crystal televisions, plasma televisions, television receivers, television decoders, cinematographic and video cameras, camcorder, dvd players, dvd recorders, hard disk recorders, video players, video recorders, combined dvd and video players and recorders, satellite installations, namely, satellite dishes, satellite processors, transmitters and receivers, satellite communications apparatus to transmit communications from a vehicle to another vehicle; optical sensors; copying apparatus and driving motors, namely, photocopying machines and electronic power supplies for driving electric motors; electric cables, audio- and video cables, electric condensers, circuit breakers, bar code readers, electric energy cost-measuring apparatus, namely, measuring and control devices for air conditioning technology; usb devices, namely, usb hardware, cables and hubs; usb storage media, namely, blank USB flash drives; telephone apparatus, telephones, mobile telephones, telephone receivers; teleprinters, facsimile telegraphy apparatus, scanners, multifunctional printers with printing, scanning and fax functions, telecommunications transmitters; electric hair curlers, electric heated hair straightening irons; personal weighing scales” in International Class 9.

 

Comparing 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 Davia, 110 USPQ2d 1810, 1812 (TTAB 2014) (citing In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581, 1586 (TTAB 2007)); In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988)); TMEP §1207.01(b).

 

When evaluating a composite mark containing both words and designs, the word portion is more likely to indicate the origin of the goods because it is that portion of the mark that consumers use when referring to or requesting the goods.  Bond v. Taylor, 119 USPQ2d 1049, 1055 (TTAB 2016) (citing In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908, 1911 (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)). 

 

Marks may be confusingly similar in appearance where similar terms or phrases or similar parts of terms or phrases appear in the compared marks and create a similar overall commercial impression.  See Crocker Nat’l Bank v. Canadian Imperial Bank of Commerce, 228 USPQ 689, 690-91 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n, 811 F.2d 1490, 1495, 1 USPQ2d 1813, 1817 (Fed. Cir. 1987) (finding COMMCASH and COMMUNICASH confusingly similar); In re Corning Glass Works, 229 USPQ 65, 66 (TTAB 1985) (finding CONFIRM and CONFIRMCELLS confusingly similar); In re Pellerin Milnor Corp., 221 USPQ 558, 560 (TTAB 1983) (finding MILTRON and MILLTRONICS confusingly similar); TMEP §1207.01(b)(ii)-(iii). Here, the applied-for mark and the cited marks both share the same wording, “crest” and also both begin with a color. Because the word portions of the marks are identical in part and both begin with a color, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrant’s respective goods.

 

Therefore, the marks are confusingly similar. 

 

Finally, even if potential purchasers realize the apparent differences between the marks, they could still reasonably assume, due to the overall similarities in sound, appearance, connotation, and commercial impression in the respective marks, that applicant's goods sold under the “BLUECREST” mark constitute a new or additional product line from the same source as the goods sold under the “SILVERCREST” mark with which they are acquainted or familiar, and that “BLUECREST” is merely a variation of the registrant’s “SILVERCREST” mark.  See, e.g., SMS, Inc. v. Byn-Mar Inc. 228 USPQ 219, 220 (TTAB 1985) (applicant’s marks ALSO ANDREA and ANDREA SPORT were “likely to evoke an association by consumers with opposer's preexisting mark [ANDREA SIMONE] for its established line of clothing.”).

 

Based on the foregoing, the marks are sufficiently similar to find a likelihood of confusion.

 

Comparing the goods

 

The compared goods 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] 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). Determining likelihood of confusion is based on the description of the goods stated in the application and registration at issue, not on evidence of actual use.  See Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1323, 110 USPQ2d 1157, 1162 (Fed. Cir. 2014) (quoting Octocom Sys. Inc. v. Hous. Computers Servs. Inc., 918 F.2d 937, 942, 16 USPQ2d 1783, 1787 (Fed. Cir. 1990)). 

 

The application use broad wording to describe “printers; high volume printers”, which presumably encompasses all goods of the type described, including registrant’s more narrow list relevant narrower goods “Teleprinters, Multifunctional printers with printing, scanning and fax functions, telecommunication Transmitters”.  See, e.g., Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015); In re N.A.D., Inc., 57 USPQ2d 1872, 1874 (TTAB 2000).  Additionally, the goods 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)). 

 

Additionally, the attached Internet evidence, consisting of entities that provide printers and also software for printers, establishes that the same entities commonly provide the relevant goods and market the goods under the same mark, the relevant goods are sold and provided through the same trade channels and used by the same classes of consumers in the same fields of use, and the goods are similar and complementary in terms of purpose or function:

 

• http://store.hp.com/us/en/cv/printers
• http://support.hp.com/us-en/drivers
• http://www.zebra.com/us/en/products/software.html
• http://www.zebra.com/us/en/products/printers.html
• http://www.usa.canon.com/internet/portal/us/home/products/groups/software
• http://www.usa.canon.com/internet/portal/us/home/products/groups/printers/printers

 

Thus, applicant’s and registrant’s goods are considered related for likelihood of confusion purposes.  See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB 2009).

 

Based on the analysis above, applicant’s and registrant’s goods are related.

 

Because applicant’s and registrant’s marks are similar and the goods are related there is a likelihood of confusion and applicant’s applied-for mark must be refused under Section 2(d) of the Lanham Act.

 

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 requirements set forth below.

 

IDENTIFICATION OF GOODS

 

The wording “software for printers; software for sorting machines; software for inserting machines” in the identification of goods is indefinite and must be clarified because the specific type and purpose must be indicated.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

 

The wording “sorting machines; high volume sorting machines; inserting machines; high volume inserting machines; printers; high volume printers” in the identification of goods for International Classes 7 and 9 must be clarified because it is too broad and could include goods in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass “Letter inserter machines for office use” in Class 16 or “Automated paper money sorting machines” in Class 9 or “3D printers” in Class 7.

 

Applicant may substitute the following wording, if accurate:

 

Class 007

 

“sorting machines {indicate specific type/purpose of goods i.e. in the nature of Sand sorting machines}; high volume sorting machines {indicate specific type/purpose of goods i.e. in the nature of Rice grain sorting machines}; inserting machines {indicate specific type/purpose of goods i.e. in the nature of Envelope-inserting machines}; high volume inserting machines {indicate specific type/purpose of goods i.e. in the nature of Envelope-inserting machines}; 3D printers”

 

Class 009

 

“printers {indicate specific type/purpose of goods i.e. in the nature of Document printers}; high volume printers {indicate specific type/purpose of goods i.e. in the nature of Document printers}; software for printers {indicate specific type/purpose of goods i.e. in the nature of Computer graphics software          }; software for sorting machines {indicate specific type/purpose of goods i.e. in the nature of Computer anti-virus software}; software for inserting machines {indicate specific type/purpose of goods i.e. in the nature of Computer anti-virus software}; Automated paper money sorting machines”

 

Class 16

 

“Letter inserter machines for office use”

 

Please note: 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.

 

MULTIPLE-CLASS APPLICATION REQUIREMENTS

 

The application identifies goods 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 goods that are classified in at least 3 classes; however, applicant submitted a fee(s) sufficient for only 2 class(es).  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 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

See 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.

 

NEW DESCRIPTION OF MARK REQUIRED

 

The drawing shows the mark in colors that differ from those specified in the color claim.  Specifically, the drawing shows the mark in the colors blue and white and the mark description references the colors blue and white; however, the following colors appear in the color claim: blue.  The colors in the drawing, color claim, and mark description must all agree.  See 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq.

 

In the present case, amending the mark drawing to agree with the color claim and mark description would not be considered a material alteration, but all must agree.  However, any other amendments to the drawing will not be accepted if such changes would materially alter the mark.  37 C.F.R. §2.72; see TMEP §§807.07(c), 807.14 et seq. 

 

Therefore, applicant must submit one of the following:

 

(1) A substitute color drawing that shows the mark in the colors specified in the color claim and mark description with all of them agreeing.  TMEP §807.07(c).

 

(2) A corrected color claim and mark description that agrees with the colors shown on the drawing.  Generic color names must be used to describe the colors in the mark, e.g., magenta, yellow, turquoise.  TMEP §807.07(a)(i)-(ii).  If black, white, and/or gray are not being claimed as a color feature of the mark, applicant must exclude them from the color claim and include in the mark description a statement that the colors black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark.  See TMEP §807.07(d).  The following color claim and mark description are suggested:

 

Color claim:  “The colors blue and white are claimed as a feature of the mark.”

 

Mark description:  “The mark consists of a white wave cresting in a blue circle background.”

 

COMMENTS

 

Applicant is encouraged to telephone or e-mail the assigned trademark examining attorney to resolve the issues 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.

 

TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.  

 

 

 

Clinton Johnson

/Clinton Johnson/

Trademark Examining Attorney

Law Office 107

571-272-0425

clinton.johnson@uspto.gov

 

TO RESPOND TO THIS LETTER:  Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

 

All informal e-mail communications relevant to this application will be placed in the official application record.

 

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the response. 

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 10/29/2018 FOR U.S. APPLICATION SERIAL NO. 88041244

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 10/29/2018 (or sooner if specified in the Office action).  A response transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the response period.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.