To: | Yang, Shijun (qqytm@hotmail.com) |
Subject: | U.S. Trademark Application Serial No. 90175626 - YLSCI - N/A |
Sent: | December 02, 2020 02:40:23 PM |
Sent As: | ecom101@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90175626
Mark: YLSCI
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Correspondence Address: 22982 LA CADENA DRIVE SUITE # 300
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Applicant: Yang, Shijun
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Reference/Docket No. N/A
Correspondence Email Address: |
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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: December 02, 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(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF USPTO DATABASE OF MARKS
REPRESENTATIVE SPECIMENS REQUIRED
Given the wide variety and range of unrelated goods that applicant has listed in the application, applicant must submit additional specimens to allow for a complete and accurate examination of the application and assessment of the registrability of the subject mark, in accordance with Rule 2.61(b). 37 C.F.R. §2.61(b); see TMEP §904.01(a).
Applicant should submit specimens demonstrating use of the mark on all of the following goods:
1. Combs
2. Bottles for pharmaceuticals sold empty
3. Bottles, sold empty
4. Cosmetic spatulas
5. Drinking flasks
6. Fly traps
7. Gloves for household purposes
8. Insulated bags for food or beverage for domestic use
9. Lunch boxes
10. Perfume burners
11. Clothes brushes
12. Cosmetic brushes
13. Floor brushes
14. Non-electric kettles
15. Shoe brushes
16. Toilet brushes
If applicant is unable to provide specimens to support use of these items, applicant must delete these entries, or amend the filing basis for those goods that were not in proper use as of the application filing date to an intent to use basis under Section 1(b). This option will later necessitate additional fees and filing requirements such as providing a specimen for these goods at a subsequent date.
Failure to comply with a requirement to furnish additional specimens is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. Merely stating that evidence is available on applicant’s or a third party website or providing a hyperlink of such a website is an insufficient response and will not make the additional specimens of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
U.S. ATTORNEY INFORMATION AND CLARIFICATION REQUIRED
Attorney bar credentials required. The application record indicates that applicant is represented by Feng Lin who is purportedly a member of the bar of California; however, the record indicates that this individual is not qualified to practice before the USPTO because the attached screenshots from the website for the State Bar of California show no results for a search of this name. See 37 C.F.R. §11.14(a); TMEP §§602 et seq. Only attorneys who are active members in good standing of the bar of a highest court of a U.S. state (including the District of Columbia or any U.S. commonwealth or territory) may practice before the USPTO in trademark matters. 37 C.F.R. §§2.17(a), 11.14; TMEP §§602.01-.03. Accordingly, applicant must provide documentation showing the attorney’s active bar membership in good standing in the designated bar, such as a certificate of good standing, a letter from the bar, or if the bar lists a member’s standing and admission details, a webpage containing the details from the bar’s website, showing the URL and access or print date. 37 C.F.R. §§2.17(b)(3), 2.61(b).
If the originally submitted attorney bar information is incorrect, applicant’s attorney must specify the correct bar information and provide supporting documentation showing the attorney’s active bar membership in good standing. 37 C.F.R. §§2.17(b)(3), 2.61(b). Otherwise, applicant may appoint or designate a different attorney who is qualified to practice before the USPTO under 37 C.F.R. §11.14. See 37 C.F.R. §2.17(a).
Failure to comply with this requirement is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. Merely stating that the attorney’s bar information is available on a state bar’s website is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
To provide an attorney bar or other licensing authority number. Applicant’s U.S.-licensed attorney must respond to this Office action by using the appropriate TEAS response form and provide his or her bar number or the number provided by the U.S. state, commonwealth, or territory used to identify the attorney in the “Attorney Information” page of the form, within the bar information section. Bar information provided in any other area of the form will be viewable by the public in USPTO records.
How to respond. Click to file a response to this nonfinal Office action.
/Jean H. Im/
Trademark Examining Attorney
Law Office 101
U.S. Patent and Trademark Office
571-272-9303
jean.im@uspto.gov
RESPONSE GUIDANCE