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:  August 02, 2021

 

INTRODUCTION

 

This Office action responds to applicant’s communication filed on May 26, 2021. 

 

In the previous Office action dated May 21, 2021, applicant was required to submit a substitute verification of the application, appoint a U.S. Attorney and pay an additional processing fee. All the foregoing requirements have been satisfied.  See TMEP §713.02.

 

However, based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the new issue set forth below.  See TMEP §§706, 711.02. 

 

 

ADDITIONAL ATTORNEY INFORMATION REQUIRED – ORIGINAL REPRESENTATION UNCLEAR 

  

Attorney bar credentials required.  The application record originally indicated that applicant was represented by Feng Lin.  However, Harrison Oldham is now the attorney of record.  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.  As applicant was unable to confirm that Feng Lin was properly appointed and provide evidence of such attorney’s good standing as a member of the bar of a highest court of a U.S. state, applicant must provide documentation showing Harrison Oldham’s active bar membership in good standing in the designated bar, such as a certificate of good standing or a letter from the bar.  37 C.F.R. §§2.17(b)(3), 2.61(b).  

  

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 attorney bar credentials or to change bar information.  Open the correct TEAS response form and enter the serial number, answer “yes” to wizard question #3, and on the “Additional Statement(s)” page in the “Miscellaneous Statement” field (1) explain the documentation provided and (2) click the button below the text box to attach evidence.  To change attorney bar information, go to the “Attorney Information” page of the form and update 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

• 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.