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:  October 26, 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, 2.65(a); TMEP §§711, 718.03.

 

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 Nos. 5638620 and 5594586.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the enclosed registrations.

 

Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely that a potential consumer would be confused or mistaken or deceived as to the source of the goods and/or services of the applicant and registrant.  See 15 U.S.C. §1052(d).  The court in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973) listed the principal factors to be considered when determining whether there is a likelihood of confusion under Section 2(d).  See TMEP §1207.01.  However, not all of the factors are necessarily relevant or of equal weight, and any one factor may be dominant in a given case, depending upon the evidence of record.  In re Majestic Distilling Co., 315 F.3d 1311, 1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont, 476 F.2d at 1361-62, 177 USPQ at 567.

 

In this case, the following factors are the most relevant:  similarity of the marks, similarity of the goods and/or services, and similarity of trade channels of the goods and/or services.  See In re Opus One, Inc., 60 USPQ2d 1812 (TTAB 2001); In re Dakin’s Miniatures Inc., 59 USPQ2d 1593 (TTAB 1999); In re Azteca Rest. Enters., Inc., 50 USPQ2d 1209 (TTAB 1999); TMEP §§1207.01 et seq.

 

The applicant applied to register the mark UTOPIA for Jackets; Jackets and socks; Jackets for babies, adults, children, women, men.; Jackets incorporating backpacks; Jackets made in whole or in substantial part of all jackets; Pants; Pants for babies, adults, children, women, men.; Shirts; Shirts and short-sleeved shirts; Shirts for suits; Shirts for babies, adults, children, women, men.; Shoes; Shoes featuring the mark "UTOPIA"; Shoes for babies, adults, children, women, men.; Short-sleeve shirts; Short-sleeved shirts; Shorts; Sweatshirts; Adaptive clothing, namely, babies, adults, children, women, men.; Anglers' shoes; Aqua shoes; Athletic jackets; Athletic pants; Athletic shirts; Athletic shoes; Athletic shorts; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Ballet shoes; Balloon pants; Baseball shoes; Basketball shoes; Beach shoes; Bed jackets; Bermuda shorts; Board shorts; Boat shoes; Body shirts; Bomber jackets; Bowling shoes; Boxer shorts; Boxing shoes; Boxing shorts; Brogue shoes; Business wear, namely, suits, jackets, trousers, blazers, blouses, shirts, skirts, dresses and footwear; Button down shirts; Camouflage jackets; Camouflage pants; Camouflage shirts; Camp shirts; Canvas shoes; Capri pants; Cargo pants; Chef pants; Chef shirts; Climbing shoes; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Collared shirts; Corduroy pants; Corduroy shirts; Crop pants; Cycling shoes; Cycling shorts; Dance shoes; Deck-shoes; Denim jackets; Denim pants; Denims; Down jackets; Dress pants; Dress shirts; Dress shoes; Drivers as shoes; Embroidered clothing, namely, babies, adults, children, women, men.; Fishermen's jackets; Fishing shirts; Flannel shirts; Fleece jackets; Fleece shorts; Flood pants; Football shoes; Fur jackets; Fur coats and jackets; Golf shirts; Golf shoes; Golf shorts; Graphic T-shirts; Gym pants; Gym shorts; Gymnastic shoes; Handball shoes; Heavy jackets; Henley shirts; Hiking jackets; Hockey shoes; Hooded sweatshirts; Hooded sweatshirts for babies, adults, children, women, men.; Hooded sweat shirts; Hunting jackets; Hunting pants; Hunting shirts; Infants' shoes and boots; Jeggings, namely, pants that are partially jeans and partially leggings; Jogging pants; Knit jackets; Knit shirts; Leather jackets; Leather pants; Leather shirts; Leather shoes; Leg shielding device, attachable to and detachable from a person's pants, comprised of padding to shield the legs from flying debris when mowing with a string trimmer; Leisure shoes; Light-reflecting jackets; Long jackets; Long-sleeved shirts; Lounge pants; Motorcycle jackets; Mountaineering shoes; Night shirts; Nurse pants; Nursing shoes; Open-necked shirts; Outer jackets; Over shirts; Oxford shoes; Padded jackets; Padding jackets; Panties, shorts and briefs; Pique shirts; Platform shoes; Polo shirts; Rain jackets; Rainproof jackets; Ramie shirts; Reversible jackets; Riding jackets; Riding shoes; Rubber shoes; Rugby shirts; Rugby shoes; Rugby shorts; Running shoes; Safari jackets; Sandals and beach shoes; Sheepskin jackets; Shell jackets; Ski jackets; Ski pants; Skiing shoes; Sleep pants; Sleep shirts; Sleeved or sleeveless jackets; Sliding shorts; Slip-on shoes; Smoking jackets; Snow pants; Snowboard jackets; Snowboard pants; Snowboard shoes; Soccer shoes; Sport shirts; Sports jackets; Sports pants; Sports shirts; Sports shirts with short sleeves; Sports shoes; Stretch pants; Stuff jackets; Suede jackets; Sweat jackets; Sweat pants; Sweat shirts; Sweat shorts; T-shirts; T-shirts for babies, adults, children, women, men.; Tap shoes; Tee shirts; Tee-shirts; Tennis shoes; Track jackets; Track pants; Training shoes; Trekking jackets; Turtle neck shirts; Underwear, namely, boy shorts; Volleyball shoes; Walking shorts; Waterproof jackets and pants; Waterproof leather shoes and boots; Wind pants; Wind shirts; Wind-jackets; Women's shoes; Woven shirts; Woven shirts for babies, adults, children, women, men.; Yoga pants; Yoga shirts

 

The registered mark is UTOPIA for Clothing, namely, tights, socks, leggings, pantyhose, hosiery, bodysuits, shirts, pants, shorts, sleepwear, and shapewear, namely, figure-shaping tights, leggings, pantyhose, hosiery; UTOPIA SPORT and design for athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms. The marks are very similar.

 

Although marks are compared in their entireties, one feature of a mark may be more significant or dominant in creating a commercial impression.  See In re Detroit Athletic Co., 903 F.3d 1297, 1305, 128 USPQ2d 1047, 1050 (Fed. Cir. 2018) (citing In re Dixie Rests., 105 F.3d 1405, 1407, 41 USPQ2d 1531, 1533-34 (Fed. Cir. 1997)); TMEP §1207.01(b)(viii), (c)(ii).  Greater weight is often given to this dominant feature when determining whether marks are confusingly similar.  See In re Detroit Athletic Co., 903 F.3d at 1305, 128 USPQ2d at 1050 (citing In re Dixie Rests., 105 F.3d at 1407, 41 USPQ2d at 1533-34). The dominant feature of the marks is UTOPIA.

 

Comparison of Goods

The goods and/or services of the parties need not be identical or directly competitive to find a likelihood of confusion.  See Safety-Kleen Corp. v. Dresser Indus., Inc., 518 F.2d 1399, 1404, 186 USPQ 476, 480 (C.C.P.A. 1975); TMEP §1207.01(a)(i).  Rather, they need only be related in some manner, or the conditions surrounding their marketing are such that they would be encountered by the same purchasers under circumstances that would give rise to the mistaken belief that the goods and/or services come from a common source.  In re Total Quality Group, Inc., 51 USPQ2d 1474, 1476 (TTAB 1999); TMEP §1207.01(a)(i); see, e.g., On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086-87, 56 USPQ2d 1471, 1475-76 (Fed. Cir. 2000); In re Martin’s Famous Pastry Shoppe, Inc., 748 F.2d 1565, 1566-68, 223 USPQ 1289, 1290 (Fed. Cir. 1984).

 

The goods of the parties are closely related. The following goods are identical and can be used and/or sold together: shirts, pants, shorts, sleepwear, and athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms. The examining attorney must consider any goods in the registrant’s normal fields of expansion to determine whether the registrant’s goods are related to the applicant’s identified goods under Section 2(d).  In re General Motors Corp., 196 USPQ 574 (TTAB 1977).  TMEP §1207.01(a)(v). 

 

In this case, since the applicant and the registrant have the similar marks, customers are likely to be confused and believe that the applicant’s goods emanate from the same source as the registrant’s goods. The examining attorney must resolve any doubt regarding a likelihood of confusion in favor of the prior registrant.  In re Hyper Shoppes (Ohio), Inc., 837 F.2d 463, 6 USPQ2d 1025 (Fed. Cir., 1988).  TMEP §§1207.01(d)(i). 

 

Ornamental Refusal

Registration is refused because the applied-for mark as used on the specimen of record is merely a decorative or ornamental feature of applicant’s clothing and, thus, does not function as a trademark to indicate the source of applicant’s clothing and to identify and distinguish applicant’s clothing from others.  Trademark Act Sections 1, 2, and 45, 15 U.S.C. §§1051-1052, 1127; see In re Lululemon Athletica Can. Inc., 105 USPQ2d 1684, 1689 (TTAB 2013); In re Pro-Line Corp., 28 USPQ2d 1141, 1142 (TTAB 1993); TMEP §§904.07(b), 1202.03 et seq.

 

The size, location, dominance, and significance of the alleged mark as used on the goods are all relevant factors in determining the commercial impression of the applied-for mark.  See, e.g., In re Peace Love World Live, LLC, 127 USPQ2d 1400, 1403 (TTAB 2018) (quoting In re Hulting, 107 USPQ2d 1175, 1178 (TTAB 2013)); In re Lululemon Athletica Can. Inc., 105 USPQ2d at 1687 (quoting In re Right-On Co., 87 USPQ2d 1152, 1156 (TTAB 2008)); TMEP §1202.03(a).

 

With respect to clothing, consumers may recognize small designs or discrete wording as trademarks, rather than as merely ornamental features, when located, for example, on the pocket or breast area of a shirt.  See TMEP §1202.03(a).  Consumers may not, however, perceive larger designs or slogans as trademarks when such matter is prominently displayed across the front of a t-shirt.  See In re Pro-Line Corp., 28 USPQ2d at 1142; In re Dimitri’s Inc., 9 USPQ2d 1666, 1667-68 (TTAB 1988); TMEP §1202.03(a), (b), (f)(i), (f)(ii).

 

In this case, the submitted specimen shows the applied-for mark, UTOPIA, located directly on the front of the shirt, which where ornamental elements often appear.  See TMEP §1202.03(a), (b).  Furthermore, the mark is displayed in a relatively large size on the clothing such that it dominates the overall appearance of the goods.  Lastly, the applied-for mark appears to be a slogan that is used in a merely decorative manner that would be perceived by consumers as having little or no particular source-identifying significance.

 

Therefore, consumers would view the applied-for mark as a decorative or ornamental feature of the goods, rather than as a trademark to indicate the source of applicant’s goods and to distinguish them from others.

 

In appropriate circumstances, applicant may overcome this refusal by satisfying one of the following options:

 

(1)       Submit a different specimen (a verified “substitute” specimen) that was in actual use in commerce at least as early as the filing date of the application (or prior to the filing of an amendment to allege use) and that shows proper trademark use for the identified goods in International Class 25.  Examples of acceptable specimens that show non-ornamental use on clothing include hang tags and labels used inside a garment.

 

(2)       Amend to the Supplemental Register, which is a second trademark register for marks not yet eligible for registration on the Principal Register, but which may become capable over time of functioning as source indicators.

 

(3)       Claim acquired distinctiveness under Trademark Act Section 2(f) by submitting evidence that the applied-for mark has become distinctive of applicant’s goods; that is, proof that applicant’s extensive use and promotion of the mark allowed consumers now directly to associate the mark with applicant as the source of the goods.

 

(4)       Submit evidence that the applied-for mark is an indicator of secondary source; that is, proof that the mark is already recognized as a source indicator for other goods or services that applicant sells/offers.    

 

(5)       Amend the filing basis to intent to use under Section 1(b).  This option will later necessitate additional fee(s) and filing requirements.

 

For an overview of the response options above and instructions on how to satisfy each option online using the Trademark Electronic Application System (TEAS) form, see the Ornamental Refusal webpage.

 

Specimen does not show use of the mark in commerce.  Registration is refused because the specimen does not show the applied-for mark as actually used in commerce in International Class(es) 25.  Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).  An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark as actually used in commerce for each international class of goods identified in the application or amendment to allege use.  15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a). 

 

Specifically, the specimen consists of book with the drawing inside a display case.

 

Examples of specimens.  Specimens for goods include a photograph of (1) the actual goods bearing the mark; (2) an actual container, packaging, tag or label for the goods bearing the mark; or (3) a point-of-sale display showing the mark directly associated with the goods.  See 37 C.F.R. §2.56(b)(1), (c); TMEP §904.03(a)-(m).  A webpage specimen submitted as a display associated with the goods must show the mark in association with a picture or textual description of the goods and include information necessary for ordering the goods.  TMEP §904.03(i); see 37 C.F.R. §2.56(b)(1), (c).  Any webpage printout or screenshot submitted as a specimen must include the webpage’s URL and the date it was accessed or printed.  37 C.F.R. §2.56(c).

 

Response options.  Applicant may respond to this refusal by satisfying one of the following for each applicable international class:

 

(1)       Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for the goods identified in the application or amendment to allege use.  A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20:  “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application or prior to the filing of the amendment to allege use.”  The substitute specimen cannot be accepted without this statement.

 

(2)       Amend the filing basis to intent to use under Section 1(b) (which includes withdrawing an amendment to allege use, if one was filed), as no specimen is required before publication.  This option will later necessitate additional fee(s) and filing requirements, including a specimen.

 

For an overview of the response options referenced above and instructions on how to satisfy these options using the online Trademark Electronic Application System (TEAS) form, see the Specimen webpage.

 

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

 

Informality

 

Identification of Goods

The identification of goods is indefinite and must be clarified because as written the nature of the goods is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may adopt the following identification, if accurate: 

 

In Class 25: Jackets; Jackets and socks; Jackets for babies, adults, children, women, and  men; Jackets incorporating backpacks; Jackets made in whole or in substantial part of [silk, wool, cashmere, or cotton]; Pants; Pants for babies, adults, children, women, and men; Shirts; Shirts and short-sleeved shirts; Shirts for suits; Shirts for babies, adults, children, women, and men; Shoes; Shoes featuring the mark "UTOPIA"; Shoes for babies, adults, children, women, and men; Short-sleeve shirts; Short-sleeved shirts; Shorts; Sweatshirts; Adaptive clothing, namely, [specify the type of clothing] for babies, adults, children, women, and men; Anglers' shoes; Aqua shoes; Athletic jackets; Athletic pants; Athletic shirts; Athletic shoes; Athletic shorts; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Ballet shoes; Balloon pants; Baseball shoes; Basketball shoes; Beach shoes; Bed jackets; Bermuda shorts; Board shorts; Boat shoes; Body shirts; Bomber jackets; Bowling shoes; Boxer shorts; Boxing shoes; Boxing shorts; Brogue shoes; Business wear, namely, suits, jackets, trousers, blazers, blouses, shirts, skirts, dresses and footwear; Button down shirts; Camouflage jackets; Camouflage pants; Camouflage shirts; Camp shirts; Canvas shoes; Capri pants; Cargo pants; Chef pants; Chef shirts; Climbing shoes; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Collared shirts; Corduroy pants; Corduroy shirts; Crop pants; Cycling shoes; Cycling shorts; Dance shoes; Deck-shoes; Denim jackets; Denim pants; Denims; Down jackets; Dress pants; Dress shirts; Dress shoes; Drivers as shoes; Embroidered clothing, namely, [specify the type of clothing] for babies, adults, children, women, and men; Fishermen's jackets; Fishing shirts; Flannel shirts; Fleece jackets; Fleece shorts; Flood pants; Football shoes; Fur jackets; Fur coats and jackets; Golf shirts; Golf shoes; Golf shorts; Graphic T-shirts; Gym pants; Gym shorts; Gymnastic shoes; Handball shoes; Heavy jackets; Henley shirts; Hiking jackets; Hockey shoes; Hooded sweatshirts; Hooded sweatshirts for babies, adults, children, women, and men; Hooded sweat shirts; Hunting jackets; Hunting pants; Hunting shirts; Infants' shoes and boots; Jeggings, namely, pants that are partially jeans and partially leggings; Jogging pants; Knit jackets; Knit shirts; Leather jackets; Leather pants; Leather shirts; Leather shoes; Leg shielding device, attachable to and detachable from a person's pants, comprised of padding to shield the legs from flying debris when mowing with a string trimmer; Leisure shoes; Light-reflecting jackets; Long jackets; Long-sleeved shirts; Lounge pants; Motorcycle jackets; Mountaineering shoes; Night shirts; Nurse pants; Nursing shoes; Open-necked shirts; Outer jackets; Over shirts; Oxford shoes; Padded jackets; Padding jackets; Panties, shorts and briefs; Pique shirts; Platform shoes; Polo shirts; Rain jackets; Rainproof jackets; Ramie shirts; Reversible jackets; Riding jackets; Riding shoes; Rubber shoes; Rugby shirts; Rugby shoes; Rugby shorts; Running shoes; Safari jackets; Sandals and beach shoes; Sheepskin jackets; Shell jackets; Ski jackets; Ski pants; Skiing shoes; Sleep pants; Sleep shirts; Sleeved or sleeveless jackets; Sliding shorts; Slip-on shoes; Smoking jackets; Snow pants; Snowboard jackets; Snowboard pants; Snowboard shoes; Soccer shoes; Sport shirts; Sports jackets; Sports pants; Sports shirts; Sports shirts with short sleeves; Sports shoes; Stretch pants; Stuff jackets; Suede jackets; Sweat jackets; Sweat pants; Sweat shirts; Sweat shorts; T-shirts; T-shirts for babies, adults, children, women and men; Tap shoes; Tee shirts; Tee-shirts; Tennis shoes; Track jackets; Track pants; Training shoes; Trekking jackets; Turtle neck shirts; Underwear, namely, boy shorts; Volleyball shoes; Walking shorts; Waterproof jackets and pants; Waterproof leather shoes and boots; Wind pants; Wind shirts; Wind-jackets; Women's shoes; Woven shirts; Woven shirts for babies, adults, children, women, and men; Yoga pants; Yoga shirts

 

Applicant may amend the identification 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.  Generally, any deleted goods and/or services may not later be reinserted.  See 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.

 

2(f) Claim Unnecessary

Applicant claims that the entire applied-for mark has acquired distinctiveness under Trademark Act Section 2(f); however, the mark appears to be inherently distinctive and is eligible for registration on the Principal Register without proof of acquired distinctiveness.  See 15 U.S.C. §1052(f); TMEP §1212.02(d).  As this Section 2(f) claim appears to be unnecessary, applicant has the option to withdraw this claim.  See TMEP §1212.02(d).

 

Applicant may withdraw this claim by instructing the trademark examining attorney to delete it from the application record.  See id.  If applicant does not withdraw the claim, it will remain in the application record and be printed on the registration certificate.  See TMEP §1212.10.

 

A claim of acquired distinctiveness may be construed as a concession by applicant that the entire applied-for mark is not inherently distinctive.  See Cold War Museum, Inc. v. Cold War Air Museum, Inc., 586 F.3d 1352, 1358, 92 USPQ2d 1626, 1629 (Fed. Cir. 2009) (citing Yamaha Int’l Corp. v. Hoshino Gakki Co., 840 F.2d 1572, 1577, 6 USPQ2d 1001, 1005 (Fed. Cir. 1988)); TMEP §1212.02(b).

 

Processing fee required.  Applicant must submit an additional processing fee of $125 per class because the application as originally filed did not meet the TEAS Plus application filing requirements.  See 37 C.F.R. §2.22(c); TMEP §§819.01-.01(q), 819.04.  Specifically, applicant failed to meet the following requirement(s):  the identification of goods and/or services includes wording not taken from the USPTO’s U.S. Acceptable Identification of Goods and Services Manual. 

 

The additional processing fee is required regardless of whether applicant satisfies these application requirements.

 

Accordingly, the application will no longer be treated as TEAS Plus; it is now considered a TEAS Standard application.  See 37 C.F.R. §2.22(c); TMEP §819.04.

 

Because of the legal technicalities and strict deadlines of the trademark application process, applicant is encouraged to hire a private attorney who specializes in trademark matters to assist in this process.  The assigned trademark examining attorney can provide only limited assistance explaining the content of an Office action and the application process.  USPTO staff cannot provide legal advice or statements about an applicant’s legal rights.  TMEP §§705.02, 709.06.  See Hiring a U.S.-licensed trademark attorney for more information. 

 

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. 

 

 

/Kevon L. Chisolm/

Examining Attorney, Law Office 103

571-272-9270

kevon.chisolm@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 October 26, 2020 for

U.S. Trademark Application Serial No. 90047086

 

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. 

 

 

/Kevon L. Chisolm/

Examining Attorney, Law Office 103

571-272-9270

kevon.chisolm@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 October 26, 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.”