United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Owner’s Trademark Registration

 

U.S. Registration No. 4384120   Mark:  FOXBORO HOT TUBS
Correspondence Address:         ANDREW N. FREDBECK        FROSS ZELNICK LEHRMAN & ZISSU, P.C.        151 WEST 42ND STREET, 17TH FLOOR        NEW YORK, NY 10036
Owner:  Green Day, Inc.
Reference/Docket No. GND 0808966           Correspondence Email Address:         Fredbeck-docket@fzlz.com

 

 

OFFICE ACTION

 

 

The USPTO must receive the owner’s response to this letter within the time period specified below.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears below.

 

Issue date:  April 17, 2020

 

The Sections 8 & 15 Combined Affidavit submitted on February 11, 2020, cannot be accepted or acknowledged for the reasons set forth below.

 

Owner/holder must provide owner’s/holder’s domicile address.  All post registration filings must include the owner’s/holder’s domicile address, and domicile dictates whether an owner/holder is required to have an attorney who is an active member in good standing of the bar of the highest court of a U.S. state or territory represent the owner/holder at the USPTO.  See 37 C.F.R. §§2.2(o)-(p), 2.11(a), 2.189; Requirement of U.S.-Licensed Attorney for Foreign-Domiciled Trademark Applicants & Registrants, Examination Guide 4-19, at I.A. (Rev. Sept. 2019). 

 

An individual owner’s/holder’s domicile is the place a person resides and intends to be the person’s principal home.  See 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A.  A juristic entity owner’s/holder’s domicile is the principal place of business, i.e., headquarters, where a juristic entity’s senior executives or officers ordinarily direct and control the entity’s activities.  37 C.F.R. §2.2(p); Examination Guide 4-19, at I.A.  An owner/holder whose domicile is located outside of the United States or its territories is foreign-domiciled and must be represented at the USPTO by a U.S.-licensed attorney qualified to practice before the USPTO under 37 C.F.R. §11.14.  37 C.F.R. §2.11(a).

 

The post registration filing lists the owner/holder as a juristic entity and specifies the owner’s/holder’s domicile as “c/o” or in “care of” another party’s address.  In most cases, an address that is listed as “c/o” or in “care of” another party’s address is not acceptable as a domicile address because it does not identify the location of the owner’s/holder’s headquarters where the entity’s senior executives or officers ordinarily direct and control the entity’s activities.  See 37 C.F.R. §§2.2(o)-(p), 2.189; Examination Guide 4-19, at I.A.3.  Thus, the owner/holder must provide its domicile street address.  See 37 C.F.R. §2.189.  Alternatively, an owner/holder may demonstrate that the listed address is, in fact, the owner’s/holder’s domicile.  Examination Guide 4-19, at I.A.3.

 

RESPONSE TIME DEADLINE:  A complete response must be received within 6 months from the issuance date of this Office action.  The owner must respond to all inquiries set forth in this Office action to avoid cancellation of the registration.  If a response is not received, the registration will be cancelled in its entirety.  37 C.F.R. §2.163(b)-(c); TMEP §1604.16.

 

How to respond.  Click to file a Response to Post-Registration Office action. 

 

Direct questions about this Office action to the Post Registration staff member below.

 

 

/Rodney Makel/

Program Analyst

USPTO - Office of Trademark Quality Review & Training

Phone: (571) 272-2250

Email: Rodney.Makel@uspto.gov

 

 

 

RESPONSE GUIDANCE

• Response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS maintenance or unforeseen circumstances could affect an owner’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted or processed.  If the owner does not have an attorney, the response must be signed by the individual owner, all joint owners, or someone with legal authority to bind a juristic owner.  If the owner 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.