| To: | Louis Vuitton Malletier (Weigell-Docket@fzlz.com) |
| Subject: | U.S. Trademark Application Serial No. 90497358 - LV - LVT 2101207 |
| Sent: | May 19, 2021 04:18:56 PM |
| Sent As: | ecom120@uspto.gov |
| Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
|
U.S. Application Serial No. 90497358
Mark: LV
|
|
|
Correspondence Address: FROSS ZELNICK LEHRMAN & ZISSU, P.C. 151 W. 42ND STREET, 17TH FLOOR
|
|
|
Applicant: Louis Vuitton Malletier
|
|
|
Reference/Docket No. LVT 2101207
Correspondence Email Address: |
|
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: May 19, 2021
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.
· Partial Refusal - Section 2(d) Likelihood of Confusion
· Amended Identification and Classification of Goods and Services Required
· Multiple-Class Application Requirements
· Unsigned Application
· Foreign Registration Certificate Required and/or Option to Amend Filing Basis
PARTIAL REFUSAL – SECTION 2(d) LIKELIHOOD OF CONFUSION
THIS PARTIAL REFUSAL APPLIES ONLY TO THE GOODS SPECIFIED THEREIN
Registration of the applied-for mark is refused in part because of a likelihood of confusion with the mark in U.S. Registration No. 5069068. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the attached registration.
Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis: (1) the similarities between the compared marks and (2) the relatedness of the compared goods. See In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); Federated Foods, Inc. v. Fort Howard Paper Co.,544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the marks.”); TMEP §1207.01.
Applicant’s applied-for mark is LV combined with a design for, in relevant part, “software”, “recorded computer programs, computer and mobile phone programs (downloadable software)”.
Registrant’s mark is LV in standard characters for “Downloadable computer application software in the field of consumer sentiment, namely, software for users to provide input in response to a third party request; software for aggregation of users responses to third party requests; software for measurement of user response data; software for providing interactive communications” and “Computer services in the field of consumer sentiment, namely, creating and maintaining an on-line database collecting and measuring responses and feedback to inquiry requests for the purposes of market research and consumer interaction; providing temporary use of non-downloadable computer software for creating consumer inquiries, receiving consumer responses and input, compiling response data and generating feedback to users; Design and development of software for the creation of consumer inquiries, receiving consumer responses and input, compiling response data and generating feedback to users”.
Comparison of the Marks
In the present case, the literal portion of applicant’s mark is LV and registrant’s mark is LV. These marks are identical in appearance, sound, and meaning, “and have the potential to be used . . . in exactly the same manner.” In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411 (TTAB 2015), aff’d, 866 F.3d 1315, 123 USPQ2d 1744 (Fed. Cir. 2017). Additionally, because they are identical in their literal elements, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrant’s respective goods. Id.
Therefore, the marks are confusingly similar.
Because applicant’s mark and registrant’s mark are identical in their literal elements, the marks are sufficiently similar to find a likelihood of confusion.
Comparison of the Goods
The compared goods need not be identical or even competitive to find a likelihood of confusion. See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000); TMEP §1207.01(a)(i). They need only be “related in some manner and/or if the circumstances surrounding their marketing are such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.” Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).
Determining likelihood of confusion is based on the description of the goods stated in the application and registration at issue, not on extrinsic evidence of actual use. See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).
In this case, the application uses the broad wording “software”, “recorded computer programs, computer and mobile phone programs (downloadable software)” to describe the goods, which presumably encompasses all goods of the type described, including registrant’s more narrow identification of “Downloadable computer application software in the field of consumer sentiment, namely, software for users to provide input in response to a third party request; software for aggregation of users responses to third party requests; software for measurement of user response data; software for providing interactive communications”. See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015). Thus, applicant’s and registrant’s goods are legally identical. See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v. Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).
Additionally, the goods of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers.” In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)). Thus, applicant’s and registrant’s goods are related.
Based on the analysis above, applicant’s and registrant’s goods are related.
Because applicant’s and registrant’s marks are identical in their literal elements and because the goods are related, there is a likelihood of confusion and applicant’s applied-for mark must be refused under Section 2(d) of the Lanham Act.
Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration. However, if applicant responds to the refusal, applicant must also respond to the requirements set forth below.
AMENDED IDENTIFICATION AND CLASSIFICATION OF GOODS AND SERVICES REQUIRED
Class 9:
Therefore, applicant must remove the parentheses from the identification and incorporate any parenthetical or bracketed information into the description of the goods.
The wording “Equipment for processing information” and “computer related equipment” in the identification of goods is indefinite and must be clarified wording to specify the common commercial or generic name of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id.
The USPTO requires such specificity in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks. See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d).
The USPTO requires such specificity in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks. See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d).
The wording “recorded computer programs” and “computer and mobile phone programs (downloadable software)” in the identification of goods is indefinite and must be clarified to specify the purpose or content of the software and, if applicable, its field of use. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “downloadable electronic publications on-line or from the Internet” in the identification of goods is indefinite and must be clarified to specify the common commercial name of applicant’s publications and the subject matter featured therein. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “optical goods”, “tablets”, “electronic personal assistants”, “accessories for telephones, mobile telephones, smartphones, tablets, pda, and mp3 players, namely, hands-free kits for telephones, batteries, cases, covers, facades, chargers, wrist straps or neck straps, earphones”, and “bags and cases for mobile phones and telephone equipment” in the identification of goods is indefinite and must be clarified wording to specify the common commercial or generic name of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id.
If modifying one of the duplicate entries, applicant may amend it to clarify or limit the goods, but not to broaden or expand the goods beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Also, generally, any deleted goods may not later be reinserted. TMEP §1402.07(e).
An application must specify, in an explicit manner, the particular goods or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce. See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Therefore, applicant should replace “and/or” or “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with the “and/or” or “or” deleted and the goods or services specified using definite and unambiguous language.
Class 14:
The wording “jewelry products (including costume jewelry)” “pearl”, “jewel cases”, “bag jewelry”, “horological products”, and “cases or boxes for watchmaking” in the identification of goods is indefinite and must be clarified wording to specify the common commercial or generic name of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id.
Applicant has included the term “and/or” or “or” in the identification of goods. However, this term is generally not accepted in identifications when (1) it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods or services; (2) the nature of the goods and services is unclear; or (3) classification cannot be determined from such wording. See TMEP §1402.03(a). In this case, it is unclear whether applicant intends to use the mark in connection with precious stones, semi-precious stones, or both.
An application must specify, in an explicit manner, the particular goods or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce. See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Therefore, applicant should replace “and/or” or “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with the “and/or” or “or” deleted and the goods or services specified using definite and unambiguous language.
Class 18:
Applicant must clarify the wording “trunks” and “shopping bags” in the identification of goods in International Class 18 because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not make clear what the goods are. Further, this wording could identify goods in more than one international class. For example, “swimming trunks” are in Class 25, “trunks being luggage” are in Class 18, “paper shopping bags” are in Class 16, and “reusable shopping bags” are in Class 18. Applicant must amend the identification and classify the goods appropriately.
Applicant is advised to delete or modify the duplicate entry in the identification of goods in International Class 18 for “briefcase.” See generally TMEP §§1402.01, 1402.01(a). If applicant does not respond to this issue, be advised that the USPTO will remove duplicate entries from the identification prior to registration.
If modifying one of the duplicate entries, applicant may amend it to clarify or limit the goods, but not to broaden or expand the goods beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Also, generally, any deleted goods may not later be reinserted. TMEP §1402.07(e).
Applicant has included the term “and/or” or “or” in the identification of goods. However, this term is generally not accepted in identifications when (1) it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods or services; (2) the nature of the goods and services is unclear; or (3) classification cannot be determined from such wording. See TMEP §1402.03(a). In this case, it is unclear whether applicant intends to use the mark in connection with boxes of leather, boxes of imitations of leather, or both.
An application must specify, in an explicit manner, the particular goods or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce. See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Therefore, applicant should replace “and/or” or “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with the “and/or” or “or” deleted and the goods or services specified using definite and unambiguous language.
The wording “travelling sets being leatherware” and “bags for transporting animals” in the identification of goods is indefinite and must be clarified wording to specify the common commercial or generic name of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id.
Class 25:
If applicant’s “clothing” is in International Class 25, applicant may amend the identification to insert the word “namely,” after “clothing” and then list the specific types of clothing items in that class (e.g., shirts, pants, coats, dresses).
Applicant must clarify the wording “caps”, “ties”, and “lingerie items”” in the identification of goods in International Class 25 because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not make clear what the goods are. Further, this wording could identify goods in more than one international class. For example, “dental caps” are in Class 10, “hub caps” are in Class 12, “caps being headwear” are in Class 25, “metal zip ties” are in Class 6, “plastic twist ties” are in Class 22, “bow ties” are in Class 25, “lingerie tapes” are in Class 26, and “lingerie” is in Class 25. Applicant must amend the identification and classify the goods appropriately.
The wording “pouches (clothing)” in the identification of goods is indefinite and must be clarified wording to specify the common commercial or generic name of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id.
Applicant is advised to delete or modify the duplicate entry in the identification of goods in International Class 25 for “scarves.” See generally TMEP §§1402.01, 1402.01(a). If applicant does not respond to this issue, be advised that the USPTO will remove duplicate entries from the identification prior to registration.
If modifying one of the duplicate entries, applicant may amend it to clarify or limit the goods, but not to broaden or expand the goods beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Also, generally, any deleted goods may not later be reinserted. TMEP §1402.07(e).
Class 35:
The identification of services in Class 35 is acceptable as written.
Applicant may adopt the following identification and classification of goods, if accurate:
Class 6: Metal chains; metal zip ties
Class 9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking in the nature of supervision, life-saving and teaching apparatus and instruments in the nature of {specify, e.g., cameras, computers, etc.}, apparatus for recording, transmission or reproduction of sound or images, blank magnetic data carriers, recording discs being blank recordable optical discs; Camera and video camera cases and bags; blank Compact discs, blank recordable DVDs and other digital recording media being {specify, e.g., pre-recorded digital media devices featuring music}; Calculators, Equipment for processing information being {specify, e.g., data processing equipment}, Computers and computer related equipment being {specify, e.g., computer peripheral equipment}; Mouse pads; downloadable software for {specify, e.g., document management}; usb stick being blank USB flash drives, electronic diaries, recorded game software, recorded computer programs for {specify, e.g., word processing}, computer and mobile phone programs in the nature of downloadable computer software for {specify, e.g., creating music videos} and downloadable computer application software for mobile phones, namely, software for {specify, e.g., creating music videos}; downloadable electronic publications in the nature of {specify, e.g., books, magazines brochures, etc.} in the field of {specify, e.g., math, science, etc.}, downloadable via the Internet and from a global computer network; Optical goods, namely, Spectacles, Sunglasses, Sports spectacles; Spectacle frames; Spectacle lenses, contact lenses; Cases for eyewear and for contact lenses; Binoculars; Sleeves for laptops; Bags adapted for laptops; Cameras being for photography; Signalling buoys; Telephones, Mobile phones, Smartphones, PC tablets, Electronic personal assistants being personal digital assistants, and MP3 players; accessories specially adapted for telephones, mobile telephones, smartphones, PC tablets, pda, and mp3 players, namely, hands-free kits for telephones, batteries, cases, covers, facades being covers, chargers, wrist straps and neck straps, earphones; bags specially adapted for mobile phones and telephones and cases for mobile phones and telephone equipment in the nature of {specify, e.g., telephones}, smart watches; clothing for protection against accidents, irradiation and fire
Class 10: Clothing, namely, surgical gowns; dental caps
Class 12: Hub caps
Class 14: Jewelry and jewelry products in the nature of {specify, e.g., costume jewelry}; Precious and semi-precious stones; Pearls; Jewel cases of precious metal; rings, earrings, cufflinks, bracelets, jewelry charms, jewelry brooches, jewelry chains, necklaces, pendants, fancy key chains, tie pins, lockets, medals, bag jewelry being fitted jewelry pouches; Jewelry boxes; Trophies made of precious metals; horological products being horological instruments and chronometric instruments, watches, wristwatches, watch straps, alarm clocks, chronometers, clocks, cases and boxes for watchmaking being {specify, e.g., parts for watches, presentation boxes for watches, etc.}; horological instruments in the nature of clocks
Class 16: Paper shopping bags
Class 18: Leather and imitations of leather; Trunks being luggage and suitcases; Travelling bags, sports bags; Handbags, rucksacks; beach bags, school bags, satchels, reusable shopping bags; Travelling trunks; Garment bags for travel purposes for clothes and shoes; briefcase, briefcases for documents, leather goods, namely, leather napkins; purses, wallets, wallets including card holders, purses not of precious metal, key cases being leather goods; Boxes of leather and imitations of leather; Travelling sets in the nature of travelling bags being leatherware; Vanity cases, not fitted; leather clutch bags, clutch bags being evening handbags; Parasols; Umbrellas; clothing for animals, bags for transporting animals being bags for carrying animals; Pet clothing
Class 22: Plastic twist ties
Class 25: Clothing, namely, {specify, e.g., shirts, shorts, pants, etc.}, pullovers, vests, shirts, T-shirts, pants, jackets, suits, coats, raincoats, overcoats, parkas, skirts, dresses, shorts; Dressing gowns, pajamas, nightshirts; hats, caps being headwear, beanies, gloves being clothing, bow ties, belts being clothing, leather belts, scarves, pouches for clothing being pockets for clothing, shawls, stockings, socks, tights, suspenders, stoles; underwear, lingerie items in the nature of lingerie; Bathing suits; shoes, slippers, boots and ankle boots; swimming trunks
Class 26: Charms for shoes; Brooches for clothing; lingerie items in the nature of lingerie tape
Class 35: Advertising services for communication and public awareness in the field of environment, ecology, sustainable development and social issues
Class 41: Providing online non-downloadable game software
Class 42: Providing online non-downloadable software for {specify, e.g., document management}
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 13 classes; however, applicant submitted a fee(s) sufficient for only 5 class(es). Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
The fee for adding classes to a TEAS Standard application is $350 per class. See 37 C.F.R. §2.6(a)(1)(iii). For more information about adding classes to an application, see the Multiple-class Application webpage.
UNSIGNED APPLICATION
The following statements must be verified: That applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; that applicant believes applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; that to the best of the signatory’s knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive; and that the facts set forth in the application are true. 37 C.F.R. §§2.33(b)(2), (c), 2.34(a)(2), (a)(3)(i), (a)(4)(ii).
For more information about the verified statement and instructions on providing one using the online Trademark Electronic Application System (TEAS) response form, see the Verified statement webpage.
FOREIGN REGISTRATION CERTIFICATE REQUIRED AND/OR OPTION TO AMEND FILING BASIS
An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an applicant’s country of origin. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004, 1004.01, 1016. In addition, the applicant’s country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law. 15 U.S.C. §1126(b); TMEP §§1002.01, 1004.
Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available. TMEP §1003.04(a). A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in applicant’s country of origin. TMEP §1004.01. If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, the applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to applicant’s country of origin. TMEP §1016. In addition, applicant must also provide an English translation if the foreign registration is not written in English. 37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b). The translation should be signed by the translator. TMEP §1004.01(b).
If the foreign registration is not yet available, applicant should inform the trademark examining attorney that the foreign application is still pending and request that the U.S. application be suspended until a copy of the foreign registration is available. TMEP §§716.02(b), 1003.04(a).
If applicant cannot satisfy the requirements of the Section 44(e) basis, applicant may amend the basis to Section 1(a) or 1(b), if applicant can satisfy the requirements for the new basis. See 15 U.S.C. §§1051(a)-(b), 1126(e); TMEP §806.03. Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration. See 37 C.F.R. §2.35(b)(3)-(4); TMEP §§806.02(f), 806.03(h).
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.
How to respond. Click to file a response to this nonfinal Office action.
/Katerina D. Sparer/
Examining Attorney, Law Office 120
United States Patent and Trademark Office
katerina.sparer@uspto.gov
(571) 272-4542
RESPONSE GUIDANCE
