Response To Office Action

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	Trademark Electronic Application System - TEAS Application
	United States Patent and Trademark Office

GENERAL FORM INFORMATION:

60 MINUTE TIME LIMIT: This form "times-out" 60 minutes after accessing this page unless you extend the time limit when the time-out warning appears on screen. To avoid timing out, please have all information ready before starting your session.

DO NOT USE YOUR BROWSER BACK/FORWARD BUTTONS: Use only the navigation buttons at the bottom of each page.

TIPS ON USING THIS FORM MOST EFFECTIVELY: Click here or on any underlined word for additional information.
REQUIRED FIELDS: All have an ASTERISK (*), and the form will not validate if these fields are not filled-out.

FOLLOW THE 4 STEPS TO ACCESS THE RESPONSE FORM:

STEP 1: CHECK STATUS.
To use this form, the "Current Status" of your application must be "A Non-final Action has been mailed." Click here to confirm the status before proceeding. If the application is not in the correct status, you must wait until the status is updated (usually 48-72 hours after receiving an e-mail notice that an Office action has issued). Otherwise, you will receive an error message when you click the "Next" button at Step 4.

STEP 2: ENTER APPLICATION SERIAL NUMBER BELOW OR ACCESS PREVIOUSLY FILLED-OUT/SAVED FORM.

* Serial Number: (Do not enter serial number if you are accessing your saved form.)
OR

FOR PREVIOUSLY FILLED-OUT/SAVED FORM, click on the "Browse/Choose File" button below to access the file from your local drive, and then click the "Next" button at Step 4. You cannot change your answers to the form wizard questions at Step 3; however, you can change data within an existing section(s) of a saved form. To introduce a completely new section, you must start a new form. For further instructions for retrieving your saved form, click here. You must follow these instructions to ensure that you can view your data in the expected editable format.

NOTE: This button should not be used to attempt to upload or attach any other file, for example, a specimen image or a foreign registration certificate. For these or any other types of attachments, after answering "Yes" to the appropriate wizard question(s) below, you can then attach the file within the specific part of the form relating to that issue.

STEP 3: ANSWER ALL WIZARD QUESTIONS.
You must answer all wizard questions appearing directly below, now currently set on "No" as a default (unless you are accessing a previously filled-out/saved form, then see STEP 2, above). At least one answer must be "Yes" or your response will be completely blank. You should review the Office action and then answer "Yes" to any question that directly relates to a requirement and/or refusal raised in the Office action. You must respond explicitly to each refusal and/or requirement; that is, if the examining attorney requires specific wording, you must enter that wording in the proper place in the form.

A RESPONSE WITH ONLY YOUR SIGNATURE IS NOT ACCEPTABLE. Merely providing a response with a signature and no other information, or authorizing the examining attorney to make any necessary changes to the application without specifying the exact changes, is not a proper response to the Office action (except if the only issue raised was that the original filing was unsigned, improperly signed, or lacked the required declaration language).

1. Do you need to respond to a refusal to register your mark, including (but not limited to) a possible finding that your mark appears to be:

likely to cause confusion with another mark(s)
merely descriptive (or generic) or deceptively misdescriptive
primarily merely a surname
geographically descriptive or geographically deceptively misdescriptive
deceptive
functional
multiple marks instead of a single mark
a protected symbol (e.g., a flag, the Red Cross)
used in a manner that would not be perceived as actually being a trademark/servicemark*

You must answer "Yes" to this question to submit your arguments against the refusal, and if necessary, attach supporting evidence, to attempt to convince the examining attorney to withdraw the refusal.

*NOTE: To submit a "substitute specimen" to overcome a refusal, also answer "Yes" to #2.

Yes No

2. Do you need to do any of the following:

*NOTE: To ADD a new class, answer "Yes" to #6, and to pay fee(s) for additional class(es), answer "Yes" to #7.

**NOTE: You may only modify the identification of goods/services to clarify or limit the goods/services; adding to or broadening the scope of goods/services is not permitted.

Yes No

3. Do you need to add or remove any of the following:

Disclaimer
Description of the mark (including color claim and/or stippling statements)
Claim of prior registration(s)
Translation/Transliteration
Meaning and/or significance of wording, letter(s), and/or numeral(s) in the mark
Section 2(f) claim
Consent to register name(s), likeness(es), signature(s) of individual(s)
Supplemental Register amendment
Concurrent use claim
Miscellaneous statement*

*NOTE: The miscellaneous statement field includes the ability to attach a file, for example, to provide requested product literature. Do not use this section for attachments where a specific different section for the purpose already exists, for example, submission of a substitute specimen in #2, above.

Yes No

4. Do you need to submit a new drawing of the mark, either to change the mark itself or submit a better quality image?

NOTE: A material change to your mark is never permissible. Only minor changes in the mark are sometimes permitted. A drawing must be in JPG format.

Yes No

5. Do you need to correct or change the applicant's name or entity information or provide missing applicant or entity information?
Yes No

6. Do you need to ADD a new class(es) of goods and/or services?

NOTE: You may not add class(es) or goods/services to broaden the scope of the original identification of goods/services.

NOTE: To pay the fee(s) for adding class(es), answer "Yes" to #7. To change an existing classification number or delete goods/services, answer "Yes" to #2.

Yes No

If the answer is Yes, enter the number of classes:

7. Do you need to pay an additional fee for an existing class, or to add a class of goods/services or submit the $50 fee for losing TEAS Plus status?
Yes No

8. Do you need to update the correspondence address (includes e-mail address)?
Yes No

9. Do you need to submit a Signed Declaration?

NOTE: Answer "Yes" to this question: (1) if the application was unsigned, improperly signed, or lacked the required declaration language; and/or (2) to have the declaration signed by the e-signature or handwritten pen-and-ink signature method (i.e., not using the direct signature method).

Yes No

STEP 4: ACCESS ACTUAL RESPONSE FORM.
Click on the "Next" button below to access the response form for entering your information. Clicking the "Clear" button will re-set all buttons above to the "No" setting.

The information collected on this form allows the USPTO to determine whether a mark may be registered on the Principal or Supplemental Register, and provides notice of an applicant's claim of ownership of the mark. Responses to the request for information are required to obtain the benefit of a registration on the Principal register. 15 U.S.C. § 1051 et. seq. and 37 CFR Part 2. All information collected will be made public. Gathering and providing the information will require an estimated 10 minutes (depending if the response is based on an intent to use the mark in commerce, use of the mark in commerce, or a foreign application or registration). Please direct comments on the time needed to complete this form, and/or suggestions for reducing this burden to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. Please note that the USPTO may not conduct or sponsor a collection of information using a form that does not display a valid OMB control number.

Sat Jul 04 07:51:04 EDT 2009