To:
`Subject:
`Sent:
`Sent As:
`
`Ryan, Benjamin, E(beryan311@gmail.com)
`U.S. Trademark Application Serial No. 97607045 - BROVISIONAL
`July 14, 2023 04:42:50 PM EDT
`tmng.notices@uspto.gov
`
`Attachments
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application Serial No.  97607045
`
`Mark:   BROVISIONAL
`
`Correspondence Address:  
`RYAN, BENJAMIN, E
`7 MARION ST
`TUNKHANNOCK PA 18657
`UNITED STATES
`
`Applicant:   Ryan, Benjamin, E
`
`Reference/Docket No.  N/A
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`Correspondence Email Address:   beryan311@gmail.com
`
`
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`
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`NONFINAL OFFICE ACTION
`
`Response deadline.  File a response to this nonfinal Office action within three months of the “Issue
`date” below to avoid abandonment of the application. Review the Office action and respond using one
`of the links to the appropriate electronic forms in the “How to respond” section below.
`
`Request an extension.  For a fee, applicant may request one three-month extension of the response
`deadline prior to filing a response. The request must be filed within three months of the “Issue date”
`below. If the extension request is granted, the USPTO must receive applicant’s response to this letter
`within six months of the “Issue date” to avoid abandonment of the application.
`
`Issue date:   July 14, 2023
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`RESPONSE DEADLINE:  WITHIN  THREE MONTHS FROM THE ISSUE DATE ABOVE
`
`
`
`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.
`
`

`

`
`
`Summary of Issues
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`•
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`Entity Clarification 
`
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`Search Results
`
`The trademark examining attorney has searched the USPTO database of registered and pending marks
`and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15
`U.S.C. §1052(d); TMEP §704.02.
`
`Entity Clarification 
`
`The name of an individual person appears in the section of the application intended for the trademark
`owner’s name; however, the legal entity is set forth as a limited liability company. Applicant must
`clarify this inconsistency. See 37 C.F.R. §§2.32(a)(2), (a)(3)(i)-(ii), 2.61(b); TMEP §803.02(a).
`
`If applicant is an individual, applicant should simply request that the legal entity be amended to
`“individual” and must indicate his/her country of citizenship for the record. 37 C.F.R. §2.32(a)(3)(i);
`TMEP §803.03(a). Alternatively, if applicant is a limited liability company, applicant must provide the
`correct name of the limited liability company and the U.S. state or foreign country of incorporation or
`organization. 37 C.F.R. §2.32(a)(3)(ii); TMEP §803.03(h).
`
`If, in response to the above request, applicant provides information indicating that it is not the owner of
`the mark, registration may be refused because the application was void as filed. See 37 C.F.R. §2.71(d);
`TMEP §§803.06, 1201.02(b). An application must be filed by the party who owns or is entitled to use
`the mark as of the application filing date. See 37 C.F.R. §2.71(d); TMEP §1201.02(b).
`
`Closing Guidelines 
`
`For this application to proceed, applicant must explicitly address each refusal and/or requirement in this
`Office action. For a refusal, applicant may provide written arguments and evidence against the refusal,
`and may have other response options if specified above. For a requirement, applicant should set forth
`the changes or statements. Please see “Responding to Office Actions” and the informational video
`“Response to Office Action” for more information and tips on responding.
`
`The term “TMEP” refers to the USPTO’s Trademark Manual of Examining Procedure, a manual
`written by USPTO trademark attorneys that explains the laws and procedures applicable to the
`trademark application, registration, and post-registration processes. The USPTO updates the TMEP
`periodically to reflect changes in law, policy, and procedure.
`
`An applicant may check the status of or view documents filed in an application or registration using the
`Trademark Status and Document Retrieval (TSDR) system. Enter the application serial number or
`registration number and click on “Status” or “Documents.”
`
`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
`
`

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`§§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.
`
`
`•
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`•
`•
`•
`
`To check the status of an application/registration, please visit  Trademark Status & Document
`Retrieval (uspto.gov) 
`For online forms and responses, please visit  Response forms | USPTO 
`For a process overview, please visit  Trademark process | USPTO
`For general non-legal information or technical support, please visit  Trademark Assistance Center
`| USPTO
`
`
`
`How to respond.   File a response form to this nonfinal Office action or file a request form for an
`extension of time to file a response.  
`
`
`
`/Dannean Hetzel/
`Dannean Hetzel
`Trademark Examining Attorney
`Law Office 106
`(571) 272-8858
`Dannean.Hetzel@USPTO.GOV
`
`
`
`RESPONSE GUIDANCE
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`•
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`•
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`•
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`Missing the deadline for responding to this letter will cause the application to abandon.  A
`response or extension request must be received by the USPTO before 11:59 p.m. Eastern Time
`of the last day of the response deadline.  Trademark Electronic Application System (TEAS)
`system availability could affect an applicant’s ability to timely respond.  For help resolving
`technical issues with TEAS, email TEAS@uspto.gov.
`
`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.
`
`

`

`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
`
`Office Action (Official Letter) has issued
`on July 14, 2023 for
`U.S. Trademark Application Serial No.  97607045
`
`A USPTO examining attorney has reviewed your trademark application and issued an Office
`action.  You must respond to this Office action 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, or extension request, must be received by the USPTO on or
`before 11:59 p.m. Eastern Time of the last day of the response deadline.  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.  
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`•
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`•
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`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.  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.  
`
`•
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`Hiring a U.S.-licensed attorney .   If you do not have an attorney and are not required to
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`

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`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.   
`
`