Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

NOTICE THAT REQUEST TO DIVIDE APPLICATION

IS INCOMPLETE

Response Required

The USPTO must receive applicant’s response to this notice within 30 days of the issue date below or the request to divide the application will be denied.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears at the end of this notice.

Issue date:  January 27, 2020

The request to divide the application pursuant to 37 C.F.R. §2.87 filed on November 5, 2019, cannot be processed because there is an inconsistency with the goods identified in the application.  Therefore, it is not clear which goods should be divided out into a new application. 

Current identification of goods:  Water beverages; drinking water; bottled water; bottled drinking water; purified bottled drinking water; drinking water with vitamins; mineral water; table water; hemp water; fruit flavored hemp water.

·         Request to divide identified these goods:

o   Goods/Services for the parent application:  Water beverages; drinking water; bottled water; bottled drinking water; purified bottled drinking water; hemp water; fruit flavored hemp water

o   Goods/Services for the child application:  Water beverages; drinking water; bottled water; bottled drinking water; purified bottled drinking water

Applicant has thirty (30) days from the issuance date of this letter to clarify the inconsistency with the goods identified in the application.

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.  

How to respond.  Click to file a Response to Intent-to-Use (ITU)/Divisional Unit Office action.

Direct questions about this notice to the assigned Intent-to-use staff member below.

/Concetta A. Butler/

Paralegal Specialist

ITU Divisional

Office (571) 272-9494

e-mail: concetta.butler@uspto.gov

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the request to divide the application to be denied.  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 or processed and can cause the request to divide the application to be denied.  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.