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:  April 08, 2022

 

 

This Office action is supplemental to and supersedes the previous Office action issued on November 20, 2021 in connection with this application.  The assigned trademark examining attorney inadvertently omitted an advisory relevant to the mark in the subject application.  See TMEP §§706, 711.02.  Specifically, applicant was not advised of an application with an effective filing date that precedes the filing date of the applied-for mark.

 

The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this issue. 

 

Applicant is advised of this new issue and must address all issue raised in the Office action dated November 20, 2021.  The issues raised in the previous November 20, 2021 Office action are as follow and are maintained:  Section 2(d) likelihood of confusion refusal and Sections 1 and 45 refusal for an unacceptable specimen. 

 

Furthermore, in the November 20, 2021 Office action, applicant was advised that the mark in pending U.S. Application Serial No. 90455824 (TRIDENT ENGINEERED SOLUTIONS) may be a potential Section 2(d) cite if the prior-filed mark registers.  However, the referenced pending application has abandoned and is no longer considered a potential bar towards the registration of the applied-for mark.

 

           

NEW ADVISORY: PRIOR-FILED APPLICATION

 

When two or more applications contain marks that are conflicting such that there is a potential likelihood of confusion between the marks under Trademark Act Section 2(d), the mark in the application with the earliest effective filing date will have priority and proceed towards publication or registration, as appropriate, over the other applications.  See 37 C.F.R. §2.83(a); TMEP §1208.01. 

 

For applications based on Section 1, the effective filing date is the date the application is filed with the USPTO.  See TMEP §§201, -.01, 1208.01(b).  However, for applications claiming a “priority” filing date under Section 44(d) or 67, the effective filing date can be up to six months earlier than the date the application is filed in the United States.  See 15 U.S.C. §§1126(d), 1141g; TMEP §§206.02, 1003.02, 1208.01(b).

 

The effective filing date of pending U.S. Application Serial No. 90715536 (TRIDENT) precedes applicant’s filing date.  See attached referenced application.  If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks.  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced application.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

 

 

RESPONSE GUIDANCE

 

Applicant is advised of the issued raised in this Office action and must respond to the issues raised in the previous November 20, 2021 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).

 

How to respond.  Click to file a response to this nonfinal Office action  

 

• 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.

 

 

QUESTIONS

 

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §2.191; TMEP §§709.04-.05. 

 

/Marco Wright/

Trademark Examining Attorney

Law Office 120

(571) 272-4918

marco.wright@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on April 08, 2022 for

U.S. Trademark Application Serial No. 90618928

 

A USPTO examining attorney has reviewed your trademark application and issued an Office action.  You must respond to this Office action in order to avoid your application abandoning.  Follow the steps below.

 

(1)  Read the Office action.  This email is NOT the Office action.

 

(2)  Respond to the Office action by the deadline using the Trademark Electronic Application System (TEAS).  Your response must be received by the USPTO on or before 11:59 p.m. Eastern Time of the last day of the response period.  Otherwise, your application will be abandoned.  See the Office action itself regarding how to respond.

 

(3)  Direct general questions about using USPTO electronic forms, the USPTO website, the application process, the status of your application, and whether there are outstanding deadlines to the Trademark Assistance Center (TAC).

 

After reading the Office action, address any question(s) regarding the specific content to the USPTO examining attorney identified in the Office action.

 

 

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 to ensure you receive important USPTO notices about your application.

 

·       Beware of trademark-related scams.  Protect yourself from people and companies that may try to take financial advantage of you.  Private companies may call you and pretend to be the USPTO or may send you communications that resemble official USPTO documents to trick you.  We will never request your credit card number or social security number over the phone.  And all official USPTO correspondence will only be emailed from the domain “@uspto.gov.”  Verify the correspondence originated from us by using your Serial Number in our database, TSDR, to confirm that it appears under the “Documents” tab, or contact the Trademark Assistance Center.

 

·       Hiring a U.S.-licensed attorney.  If you do not have an attorney and are not required to have one under the trademark rules, we encourage you to hire a U.S.-licensed attorney specializing in trademark law to help guide you through the registration process.  The USPTO examining attorney is not your attorney and cannot give you legal advice, but rather works for and represents the USPTO in trademark matters.