Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA).  A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action. 

 

 

Issue date:  July 15, 2021

 

INTRODUCTION

 

This Office action is in response to applicant’s communication filed on June 10, 2021.

 

In a previous Office action dated April 15, 2021, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Section 1 and 45 for failure to show the applied-for mark in use in commerce with any of the specified goods.  In addition, applicant was required to satisfy the following requirement: pay an additional processing fee because of the loss of TEAS Plus status.

 

Based on applicant’s response, the following refusal has also been obviated:  Sections 1 and 45 refusal based upon submission of an acceptable substitute specimen.  See TMEP §§713.02, 714.04. 

 

Further, the trademark examining attorney maintains and now makes FINAL the requirement in the summary of issues below.  See 37 C.F.R. §2.63(b); TMEP §714.04.

 

SUMMARY OF ISSUES MADE FINAL that applicant must address:

 

• TEAS Plus Status Lost – Additional Fee Required

 

TEAS PLUS STATUS LOST – ADDITIONAL FEE REQUIRED

 

Processing fee required.  Applicant must submit an additional processing fee of $100 per class because the application as filed did not meet the TEAS Plus application filing requirements.  See 37 C.F.R. §2.22(a)(6), (c); TMEP §§819.01(f)(i), 819.04.  Specifically, the Trademark Act Section 1(a) application does not include a specimen showing the applied-for mark in use in commerce because the specimen does not show the mark anywhere on it.  TMEP §819.01(f)(i); see 15 U.S.C. §1051(a); 37 C.F.R. §§2.22(a)(6), 2.34(a)(1)(iv). 

 

The additional processing fee is required regardless of whether applicant submits a verified substitute specimen showing the applied-for mark.

 

Accordingly, the application will no longer be treated as TEAS Plus; but is now considered a TEAS Standard application. 

 

How to respond.  Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).

 

 

Caroline L. Moran

/Caroline L. Moran/

Trademark Examining Attorney

Law Office 125

(571) 272-3255

caroline.moran@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 15, 2021 for

U.S. Trademark Application Serial No. 90295407

 

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. 

 

 

Caroline L. Moran

/Caroline L. Moran/

Trademark Examining Attorney

Law Office 125

(571) 272-3255

caroline.moran@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 15, 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.”