Response To Office Action

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

NOTE: For tips on how to use this form most effectively, click here. Or click HELP for any underlined word in the below for additional information.
Use this form specifically to:

respond timely to an Office action issued by a Law Office examining attorney on any type of file (i.e., regular letters; Priority Actions; Examiner's Amendment/Priority Actions (where a response is still required for the "Priority Action" portion; Suspension letters; or Suspension Inquiry letters). Do not use this form to respond after a final action has issued. To submit a request for reconsideration after a final action, you must use the Request for Reconsideration form, or file an appeal to the Trademark Trial and Appeal Board. Also, do not use this form to respond to any actions mailed after the mark is published and/or registered, as the Intent-to-Use (ITU) or Post-Registration units issue them. Forms for that purpose will be available in the future. Until then, you must submit responses to those types of actions via regular mail. And if the original application was filed under Section 1(b), Intent to Use, this form is not the correct method for now making use dates of record. You must file an Allegation of Use form.
pay an additional fee after a phone call from the Office, i.e., to enable an Examiner's Amendment.

WARNING: You must maintain an accurate correspondence address with the USPTO. All changes must be made in writing or through the electronic Change of Correspondence Address form.
WARNING: This form has a session time limit of 60 minutes. Your "session" began as soon as you accessed this initial Form Wizard page. If you exceed the 60-minute time limit, the form will not validate and you must begin the entire process again; you can, however, extend the time limit. You should always try to have all information required to complete the form prior to starting any session.
Required fields are indicated with an asterisk (*).

STEP 1: Confirm that the USPTO database shows the "Current Status" of your application to be one of the following (1) "A Non-final Action has been mailed (or e-mailed);" (2) a Priority Action has been mailed (or e-mailed); or (3) an Examiner's Amendment/Priority Action has been mailed (or e-mailed). Do not use this form to respond after a final action has issued. To submit a request for reconsideration after a final action, you must use the Request for Reconsideration form, or file an appeal to the Trademark Trial and Appeal Board. Also, do not use this form to respond to any actions mailed after the mark is published and/or registered, as the Intent-to-Use (ITU) or Post-Registration units issue them. Forms for that purpose will be available in the future. Until then, you must submit responses to those types of actions via regular mail. And if the original application was filed under Section 1(b), Intent to Use, this form is not the correct method for now making use dates of record. You must file an Allegation of Use form.
WARNING: You must wait 48-72 hours after receipt of an e-mailed action for the database to update to the proper status before attempting to use this form.

STEP 2: Enter serial number or access saved form:

* Serial Number: (Required only if preparing this response for the first time; if you have already saved a form, use the option below.)
OR

To access previously-saved data, use the "Browse/Choose File" button below to access the file from your local drive. NOTE: For detailed instructions on the process for retrieving saved data, please click here. FAILURE TO FOLLOW THESE NEW INSTRUCTIONS WILL RESULT IN THE DISPLAY OF YOUR DATA IN AN XML FORMAT THAT CANNOT BE EDITED. NOTE: Do NOT attempt to use the button below to upload an image file (for example, a specimen). You must use the button that will be presented for that purpose within the proper section of the actual form.

STEP 3: If this is a new response, do NOT simply rely on the default setting of "NO" for each question below. You must review what the Office action requires, and then answer "YES" to any question that may relate to a requirement within the Office action (or any previous Office actions incorporated by reference; all Office actions are available through Trademark Document Retrieval). You must respond to all refusals and/or requirements, since failure to respond completely may result in abandonment of your application.

1. Do you want to present arguments related to a substantive refusal(s)?

NOTE: If you must submit a substitute specimen to overcome the refusal, answer YES to this question (to enter the argument portion), but then use Question #2, below, to attach the actual specimen image file.

Yes No

2. Do you need to change/delete an existing classification number; modify listing of goods and/or services; add/modify dates of use;add/substitute a specimen and/or submit a foreign registration certificate ?
Yes No

3. Do you want to make any additional statement(s) of record to address a requirement, e.g., a disclaimer, claim of a prior registration, Section 2(f) claim, or amendment to the Supplemental Register?
Yes No

4. Do you want to modify your mark? (i.e., either change the mark itself or submit a better quality image)

NOTE: While minor changes in the mark are sometimes permitted, any material alteration will NOT be permitted and will result in a refusal being issued on that ground. If submitting a new mark image, it MUST be in the JPG format (only attachments in other portions of the form (e.g., specimens, evidence) can be in the PDF format).

Yes No

5. Do you want to correct any applicant or entity information?
Yes No

6. Do you need to ADD a new class of goods and/or services? (Note: If simply CHANGING an existing classification number, use Question #2, above.)
Yes No If the answer is Yes, enter the number of classes:

7. Do you want to pay an additional fee?
Yes No

8. Do you need to change correspondence address?
Yes No

9. Do you need to submit a Signed Declaration to verify an application originally submitted UNSIGNED?
Yes No

STEP 4: If you have reviewed the Office action to confirm that your answers to the above questions properly correspond to all issues raised in the Office action, click on the NEXT button; or to start over, click on the CLEAR button.

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.

Tue Jan 13 23:34:28 EST 2009