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 06, 2021

 

INTRODUCTION

 

This Office action is supplemental to and supersedes the previous Office action issued on November 24, 2020 in connection with this application.  Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new requirement:  Improperly Signed Revocation of Attorney Requirement.  See TMEP §§706, 711.02. 

 

In a previous Office action dated November 24, 2020, the trademark examining attorney refused registration of the applied-for mark based on the following:  Section 2(d) Refusal.  In addition, applicant was required to satisfy the following requirement:  Identification Requirement.

 

The examining attorney notes that the Section 2(d) Refusal and Identification Requirement is continued and MAINTAINED.

 

The following is a SUMMARY OF ISSUES that applicant must address:

 

            •  NEW ISSUE:  Improperly Signed Revocation of Attorney Requirement

            •  Section 2(d) Refusal

            •  Identification Requirement

 

Applicant must respond to all issues raised in this Office action within six (6) months of the date of issuance of this Office action.  37 C.F.R. §2.62(a); see TMEP §711.02.  If applicant does not respond within this time limit, the application will be abandoned.  37 C.F.R. §2.65(a).

 

IMPROPERLY SIGNED REVOCATION OF ATTORNEY REQUIREMENT

 

A revocation of power of attorney was filed on July 2, 2021; however, it was not properly signed by applicant or someone with legal authority to bind applicant.  See 37 C.F.R. §§2.19(a)(1), 2.193(e)(3); TMEP §§606, 611.03(c). 

 

In this case, the party who signed the document is Jeffrey Dicker, Director, and he or she does not have legal authority to bind applicant because a Director is not a recognized officer for a Limited Liability Partnership.  See TMEP §611.04.  In fact, Jeffrey Dicker appears to have been previously identified as the attorney of record, and not as a juristic officer.  Thus, the USPTO will not process the revocation and will continue to recognize the current attorney of record as applicant’s representative.  See TMEP §§604.03, 606.

 

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 and requirements in these Office actions.  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.    

 

 

/Teague Avent/

Teague Avent

Examining Attorney

Law Office 125

(571) 272-1219

teague.avent@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 06, 2021 for

U.S. Trademark Application Serial No. 90087019

 

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. 

 

 

/Teague Avent/

Teague Avent

Examining Attorney

Law Office 125

(571) 272-1219

teague.avent@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 06, 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.”