To:
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`Subject:
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`Sent:
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`Sent As:
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`Attachments:
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`Apple Inc. (trademarkdocket@apple.com)
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`U.S. Trademark Application Serial No. 88353773 - TV - N/A
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`November 22, 2019 08:10:18 AM
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`ecom117@uspto.gov
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`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
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`U.S. Application Serial
`No. 88353773
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`
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`Mark: TV
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`Correspondence Address:
`THOMAS R. LA PERLE
`APPLE INC.
`ONE APPLE PARK WAY
`MS: 169-3IPL
`CUPERTINO, CA 95014
`Applicant: Apple Inc.
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`Reference/Docket No. N/A
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`Correspondence Email
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`Address:
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`trademarkdocket@apple.com
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`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
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`NONFINAL OFFICE ACTION
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`Office action.
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`Issue date: November 22, 2019
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`TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL
`REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online
`using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office
`actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3)
`agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b);
`TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125
`per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS
`Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring
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`this additional fee.
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`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.
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`Specimen Refusal
`The specimen does not show the applied-for mark in use in commerce in connection with any of the goods and/or services specified in the
`statement of use, and therefore is not acceptable. Specifically, the specimen appears to show software that is downloadable, not recorded on
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`computer media as identified.
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`An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each
`international class of goods and/or services identified in the statement of use. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37
`C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a); see In re Gulf Coast Nutritionals, Inc., 106 USPQ2d 1243, 1247 (TTAB 2013).
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`Therefore, applicant must submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce prior to the
`expiration of the deadline for filing the statement of use and (b) shows the mark in actual use in commerce for the goods and/or services
`identified in the statement of use. Applicant, however, may not withdraw the statement of use. See 37 C.F.R. §2.88(g); TMEP §1109.17.
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`Pending receipt of a proper response, registration is refused because the specimen does not show the applied-for mark in use in commerce as a
`trademark and/or service mark for the identified goods and/or services. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R.
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`§§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
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`For more information about this refusal and instructions on how to submit a verified “substitute” specimen online using the Trademark
`Electronic Application System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/specimen.jsp.
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`How to respond. Click to file a response to this nonfinal Office action.
`
`/Tina H. Mai/
`Trademark Examining Attorney
`Law Office 117
`571-272-4110
`tina.mai@uspto.gov (for informal communications)
`
`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
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`circumstances could affect an applicant’s ability to timely respond.
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`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.
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`If needed, find contact information for the supervisor of the office or unit listed in the signature block.
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`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Apple Inc. (trademarkdocket@apple.com)
`
`U.S. Trademark Application Serial No. 88353773 - TV - N/A
`
`November 22, 2019 08:10:18 AM
`
`ecom117@uspto.gov
`
`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
`
`Office Action (Official Letter) has issued
`on November 22, 2019 for
`U.S. Trademark Application Serial No. 88353773
`
`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.
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`(1) Read the official letter.
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`(2) Direct questions about the contents of the Office action to the assigned attorney below.
`
`/Tina H. Mai/
`Trademark Examining Attorney
`Law Office 117
`571-272-4110
`tina.mai@uspto.gov (for informal communications)
`
`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).
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`(3) Respond within 6 months (or earlier, if required in the Office action) from November 22, 2019, 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
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`GENERAL GUIDANCE
`· Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid
`missing critical deadlines.
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`·
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`Update your correspondence email address,
`application.
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`if needed,
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`to ensure you receive important USPTO notices about your
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`· 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.”
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