Informal Application

United States Patent and Trademark Office (USPTO)

 

U.S. Application Serial No. 97738000   Mark:  AIR FORCE ONE
Correspondence Address:         NIKE, INC        ONE BOWERMAN DRIVE        BEAVERTON, OR 97005
Owner:  Nike, Inc
Reference/Docket No. N/A   Correspondence Email Address:         cr.ip.protection@gmail.com

 

 

NOTICE OF INCOMPLETE TRADEMARK APPLICATION

 

 

Issue date:  January 18, 2023

 

This trademark application does not meet the minimum requirements for receiving a filing date for the reason(s) stated below.  The serial number initially assigned to the application has been cancelled.  

 

 

Under 37 C.F.R. §2.21(a), the USPTO will grant a filing date to an application under §1 or §44 of the Trademark Act that is in English and contains all of the following:

 

(1)   The name, address, and email address of each applicant;

(2)   If the applicant is represented by a qualified attorney, the attorney’s name, postal address, and email address;

(3)   A clear drawing of the mark;

(4)   A listing of the goods or services; and

(5)   The filing fee for at least one class of goods or services.

 

In this case, the Office did not receive the required filing fee because the check or electronic funds transfer submitted to cover the application filing fees was returned to the Office unpaid. 

 

Pursuant to 37 C.F.R. §2.6, the current application filing fees are as follows:

 

·         $350 per class for TEAS Standard applications filed electronically

·         $250 per class for TEAS Plus applications filed electronically

 

The serial number assigned to this application has been cancelled.  You may file a new application containing all the required elements.  The USPTO requires that new applications be filed using the Trademark Electronic Application System (TEAS), available over the Internet at http://www.gov.uspto.report/. 

 

There is a $50 fee for processing any payment refused (including a check returned unpaid) or charged back by a financial institution.  37 C.F.R. §2.6(b)(10). See TMEP §405.06.  However, this is not a filing date requirement.  If an applicant resubmits the filing fee without paying the processing fee, the USPTO will give the application a filing date as of the date of resubmission, and the examining attorney will require submission of the processing fee during examination.  TMEP §202.03(a)(i).

 

Because of the legal technicalities and strict deadlines involved in the USPTO application process, you may wish to hire a private attorney specializing in trademark matters to represent you in this process and provide legal advice.  Although a USPTO trademark examining attorney is permitted to help an applicant understand the contents of an Office action as well as the application process in general, no USPTO attorney or staff is permitted to give an applicant legal advice or statements about an applicant’s legal rights.  TMEP §§705.02, 709.06.

 

For attorney referral information, you may consult the American Bar Association’s Consumers’ Guide to Legal Help at http://www.americanbar.org/groups/legal_services/flh-home.html, an attorney referral service of a state or local bar association, or a local telephone directory.  The USPTO may not assist an applicant in the selection of a private attorney.  37 C.F.R. §2.11.

 

 

Commissioner for Trademarks

USPTO

 

Instructions for applications returned in error:  If you believe this application was returned in error, you may file a request to restore the filing date. 

First, you must re-file your application, including the required application filing fee, using the Trademark Electronic Application System (TEAS) located at http://www.gov.uspto.report/teas/index.html.  

Next, after you re-file the application and receive a new serial number, submit your request to restore the original filing date using the Request to Restore Filing Date form, located at http://www.gov.uspto.report/trademarks-application-process/filing-online/petition-forms.  This request should state the reasons why you believe the filing date was denied in error and must include (1) the new serial number and (2) a copy of this Notice of Incomplete Trademark Application.  Although applicants have two months from the issue date of this notice to file the request, it should be filed immediately upon receipt of the new serial number to ensure that it will be processed in a timely manner.

If you have any questions, call the Trademark Assistance Center (TAC) at 1-800-786-9199, or send an email to TrademarkAssistanceCenter@uspto.gov.  Visit the USPTO website at http://www.gov.uspto.report/ for a list of trademark services available electronically.