Form PTO Form 2313 PTO Form 2313 Response to Office Action for Expungement and Reexaminat

Changes To Implement Provisions of the Trademark Modernization Act of 2020

Draft PTO Form 2313

Response to Ex Parte Expungement Office Action (Private Sector)

OMB: 0651-0086

Document [pdf]
Download: pdf | pdf
Draft PTO Form 2313
Approved for use through xx/xx/xxxx OMB Control No. 0651-00XX
Under the Paperwork Reduction Act of 1995 no persons are required to respond to
a collection of information unless it displays a valid 0MB control number.
Wizard Page

Response To Office Action for Expungement and Reexamination
TEAS - Version ^

GENERAL FORM INFORMATION:

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TIMEOUT WARNING: You're required to log back in after 30 minutes of inactivity. This
ensures the USPTO complies with mandatory federal information security
standards and protects user information. After 25 minutes of inactivity, you will be
prompted to continue your session. If you do not continue within 5 minutes, the
session will end, you will be logged out of your USPTO.gov account, and you will lose
any unsaved data in the form. Please have all of your information ready before you
start.
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 on any underlined (hyperlinked)
terms for additional information.
REQUIRED FIELDS: All have an ASTERISK (*), and the form will not validate if these
fields are not filled-out.

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TO ACCESS THE RESPONSE FORM:

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STEP 1: CHECK STATUS.
To use this form, the "Current Status" of your application must be "A Non-final Action has been
mailed." Use the Trademark Status & Document Retrieval (TSDR) 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 email notice that an Office action has issued). Otherwise,
you will receive an error message when you click the "Continue" button at the bottom of the
page.
STEP 2: ENTER PROCEEDING NUMBER BELOW OR ACCESS PREVIOUSLY FILLED-OUT/SAVED FORM.
* Proceeding
Number:

(Do not enter proceeding number if you are accessing your
saved form.)

OR
To upload a previously saved form file, first review the TEAS Help instructions for accessing
previously saved data and then use the "Browse..." button below to access the form file saved
on your computer. WARNING: Failure to follow the TEAS Help instructions will result in the
inability to edit your data.

Mark Info:

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Do NOT upload or attach any other file(s) (for example, a specimen or foreign
registration certificate) using the button below. You must upload other attachments
within the proper section of the actual form, after answering "Yes" to the appropriate
wizard question(s) on the next page.

If you need help resolving technical glitches, email TEAS@uspto.gov. Please include in your
email your phone number, serial or registration number, and a screenshot of any error message you
may have received.

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CONTACT:
For general trademark information or help navigating the forms,
email TrademarkAssistanceCenter@uspto.gov, or telephone 1-800-786-9199 (press 1).

Status Check:
The status of the filing is available in the Trademark Status & Document Retrieval System
(TSDR) 72 hours after filing
Instructions:
To file this form, please complete the following steps:
1. Fill out all fields for which information is known. Fields with a * symbol are mandatory for
filing purposes and must be completed.
2. Validate the form, using the "Validate" button at the end of the form. If there are errors, go
back to step 1.
3. Use the Pay/Submit button at the bottom of the Validation Screen. This will allow you to
choose from 3 different payment methods: credit card, automated deposit account, or
electronic funds transfer. After accessing the proper screen for payment, and making the

appropriate entries, you will receive a confirmation screen if your transmission is successful.
Or, use the "Save Form" button to save your work for submission at a later time.
4. An email acknowledging receipt of the submission (a filing receipt) will be sent to the Primary
Email Address for Correspondence.
Registration
Number
Mark
Owner/Holder
Information

Primary Email
Address
for
Correspondence

Warning: This is the
email address
currently of record in
the USPTO database.
If it is not the email
address of either the
appointed attorney, if
any, otherwise the
owner, it must be
updated.

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Secondary Email
Address(es)
(Courtesy Copies)

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Attorney
Information

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Registration Date

Updates to the owner's/holder's and appointed attorney's address(es) can be made within this form. If
no attorney is appointed, the owner's/holder's email address is the Primary Email Address for
Correspondence.
The Attorney Information page will automatically display within this form for editing or removing the
attorney information appearing above.
Power of Attorney: The USPTO considers the power of attorney to end: (1) upon the date of
registration; or (2) the final acceptance or denial of a required post-registration filing. Filing this form
will automatically update the Attorney of Record and the Primary Email Address for Correspondence in
the USPTO's Trademark Status & Document Retrieval (TSDR) database. It is not necessary to file a
separate appointment form.
Foreign-domiciled owners/holders must have a U.S.-licensed attorney represent them before the
USPTO in any application-or registration-related filing. Information about hiring a U.S.-licensed
attorney can be found on the USPTO website.

1. Is a newly appearing U.S.-licensed attorney filing this form?
Foreign-domiciled owners/holders must have a U.S.-licensed attorney represent them before
the USPTO in any application-or registration-related filing. Information about hiring a U.S.licensed attorney can be found on the USPTO website.
Yes

No

Yes

No

Owner Info:

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2. Do you want to appoint a Domestic Representative or do you need to update the email
address, street address, phone or fax number for an already appointed Domestic
Representative?

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Owner Information

Check this box only if the owner listed above does not identify the current
trademark owner. The trademark owner is the legally recognized entity or
* Owner individual that owns the trademark.
If there has been a change in ownership or legal name of the owner, you must
enter the new owner in this form. Instructions will be provided when you check
the box. For more information, see our webpage on modifying owner
information in online forms.

DBA (doing
business
as)
AKA (also
known as)
TA (trading
as)

Formerly

Legal Entity Type: Individual

Citizenship/State, Country, Region, or Jurisdiction Where Organized:
Check this box only if no information is listed in the field/s or if the information listed is not correct
for the current owner of the trademark.
Instructions will be provided when you check the box.
Internal Address
* Mailing Address

* City

NOTE: You must limit your entry here, and for all remaining fields within this overall section, to no
more than 40 characters (the storage limit for the USPTO database). You may need to abbreviate
some words, e.g., St. instead of Street. Failure to do so may result in an undeliverable address, due
to truncation at the 40 character limit.

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(Entered address is
publicly viewable in the
USPTO's
TSDR database. This
address must be
capable of receiving
mail and may be your
street address, a P.O.
box, or a "care of"
address.)

NOTE: You must limit your entry here to no more than 22 characters.

* State

NOTE: You must include as part of the "City" entry any information related to geographical regions
(e.g., provinces) not found in the dropdown lists for "States" or "Countries." Enter the city and then
the geographical region, separated by a comma (e.g., Toronto, Ontario). In most instances, you will
then also have to select the country within which the region is found, below.

(Required for U.S.
owners only)

* Zip/Postal Code

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* Country/Region/Ju
risdiction/U.S.
Territory

Select Country/Region/Jurisdiction/U.S. Territory

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(Required for U.S. and
certain international
addresses)

Domicile Address

Uncheck this box if the Domicile Address and mailing address of the

(Entered address is not
publicly viewable in the owner/holder are NOT the same.
USPTO's TSDR database
unless it is the same as
the mailing address. If
your mailing address is
not your domicile, you
must enter the number,
Indicate place you reside and intend to be your principal home (for individual) or your principal place
street, city, state,
country or U.S. territory, of business (for entity).
and if applicable,
zip/postal code of
your domicile address.
In most cases, a P.O.
box, "care of" address,
or similar variation is
not acceptable as a
domicile address.)

Phone Number

Fax Number
The owner/holder is required to provide an email address and keep that address
current with the USPTO. If the owner/holder is represented by a U.S.-licensed
attorney, only the attorney's email address will be used for correspondence by
the USPTO.

* Email Address

DBA (doing business as)
TA (trading as)

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Confirm that the email
address is correct before
continuing. The owner
email address is not
NOTE: The owner/holder or the owner's/holder's attorney acknowledges that he or she is solely
publicly viewable in the responsible for receiving USPTO emails. Additionally, the owner/holder or the owner's/holder's
USPTO's TSDR database. attorney is responsible for periodically checking the status of the application/registration using
the Trademark Status & Document Retrieval (TSDR) system. USPTO notices and office actions
issued in this application/registration can be viewed online using TSDR. The USPTO is not
responsible for any failure to receive a USPTO-issued email due to the receiver's security or antispam software, or any problems with the receiver's email system

AKA (also known as)

Formerly

Legal Entity Type: Individual

Citizenship/State, Country, Region, or Jurisdiction Where Organized:

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Check this box only if no information is listed in the field/s or if the information listed is not correct
for the current owner of the trademark.

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If the owner information has changed, you must follow the instructions below to avoid a refusal and to
update the legal record.
1. For changes in entity type or citizenship/state, country, region, or jurisdiction where
organized, including:
o Changes resulting from assignments, mergers, or other legal changes of ownership.
o Changes in legal entity type-for example, a corporation has changed to a limited liability
company (LLC).
o Changes in citizenship of the individual owner.
o Changes in the state of incorporation of the legally recognized entity.
Instructions
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Select the new entity type or citizenship/state, country, region, or jurisdiction where
organized.
Record these changes with the Assignment Recordation
Branch at http://etas.uspto.gov. If you don't, you may receive an office action, you may
have to pay additional fees, and USPTO records will not be updated with the current
owner.

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You can submit evidence of the change in ownership by attaching a document that
shows the change or entering an explanation of the change in the Miscellaneous
Statement section of this form. However, if you don't record an assignment, USPTO
records will not be updated and USPTO documents will not issue with the correct
information.

2. For slight changes to correct mistakes in the owner name, including:
o Changes to correct minor clerical or typographical errors in the owner information.
o Changes to correct mistakes where the entity type or citizenship/state, country, region,
or jurisdiction was misidentified.
Instructions

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Enter the corrected information in the fields.
Fill out the Miscellaneous Statement field in this form to explain why you need to
modify the information. If you don't, you may receive an office action.
You should also file a Section 7 Request to update USPTO records with the new owner
information and to receive a registration certificate with the updated information.

Attorney Info

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Hide Instructions

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ATTORNEY INFORMATION
☐Check this box to change or delete the attorney listed below because representation ended
under Trademark Rule 2.17(g).
* Attorney
Name

Firm Name
Docket/Refere
nce Number

NOTE: You must limit your entry here to no more than 12 characters.

Year of Admission

Select Year

Bar
U.S.
Membership
State/Commonwealth/Territory

Membership Number

You must enter "N/A" or a membership/registration number if your U.S. state, commonwealth, or territory
issues one. This number is not viewable in TSDR.
You must limit your entry here to no more than 40 alphanumeric characters.

The attorney of record is an active member in good standing of the bar of the
highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or
territory.
Other
Appointed
Attorney(s)

Internal
Address
* Street
Address
* City
* State

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Recognized
Canadian
Attorney/Age
nt

NOTE: You must limit your entry here, and for all remaining fields within this overall section (except City,
see below), to no more than 40 characters (the storage limit for the USPTO database). You may need to
abbreviate some words, e.g., St. instead of Street. Failure to do so may result in an undeliverable address,
due to truncation at the 40 character limit.

NOTE: You must limit your entry here to no more than 22 characters.

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* Country/Re
gion/Jurisdicti
on/U.S.
Territory

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NOTE: You must include as part of the "City" entry any information related to geographical regions (e.g.,
(Required for provinces) not found in the dropdown lists for "States" or "Countries." Enter the city and then the
U.S. addresses) geographical region, separated by a comma (e.g., Toronto, Ontario). In most instances, you will then also
have to select the country within which the region is found, below.

* Zip/Postal
Code

(Required for
U.S. and certain
international
addresses)

Phone
Number
Fax Number
* Email The appointed attorney's email address must be provided and kept current with the
Address USPTO.

NOTE: The owner/holder or the owner's/holder's attorney acknowledges that he or she is solely responsible

for receiving USPTO emails. Additionally, the owner/holder or the owner's/holder's attorney is responsible
for periodically checking the status of the application/registration using the Trademark Status & Document
Retrieval (TSDR) system. USPTO notices and office actions issued in this application/registration can be
viewed online using TSDR. The USPTO is not responsible for any failure to receive a USPTO-issued email
due to the receiver's security or anti-spam software, or any problems with the receiver's email system.

Arguments

Arguments

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Provide the following information:
Evidence of use or nonuse, as appropriate
Numbered paragraphs of factual information explaining the use of the mark in commerce and
the supporting evidence, including how the evidence demonstrates use of the mark in
commerce as of any relevant date for the goods and/or services at issue
Itemized index of the evidence

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Instructions: Enter your explanation here or attach a file below.

Attachments
Click on the “Attach Evidence” button below to select the file from your computer. Visit the USPTO's
website for information on acceptable file sizes and formats.
Instructions: Attach ONLY supporting evidence here, not your entire petition. Each portion of this form
serves a specific purpose for data processing reasons. Failure to follow this instruction will cause
significant delays in the processing and review of your filing.
Attach Evidence
0 file(s) attached

Goods/Services Page

CLASSIFICATION AND LISTING OF GOODS/SERVICES/COLLECTIVE MEMBERSHIP
ORGANIZATION
Use this page to: (1) delete goods and services; (2) delete an entire class; or (3) upload substitute
specimens.
Registration Subject to Cancellation for Fraudulent Statements
Statements made in filings to the USPTO must be accurate; inaccuracies could result in the cancellation
of a trademark registration. Lack of use on all goods/services for which use is claimed in a postregistration filing with the USPTO could jeopardize the validity of the registration and result in its
cancellation.
Enter information for the Class
International Class: 035
CURRENT IDENTIFICATION:

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The current identification of goods/services/nature of the collective membership organization is
displayed below. If modifying the identification to delete goods or services, edit the identification in the
"MODIFY IDENTIFICATION" section of this page.
Key to Symbols Appearing in the Identification:
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Brackets [..] indicate previously deleted goods/services;
Double parenthesis ((..)) identify any goods/services previously not claimed in Section 15
affidavit of incontestability; and
Asterisks *..* identify previously added wording in the goods/services.

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Incubation services, namely, providing work space containing business equipment to start-ups,
existing businesses and non-profit organizations; Business support services, namely, business
consulting to start-ups, existing businesses and non-profit organizations; Business consulting and
office administration services in an open or shared work space environment; Providing coworking facilities equipped with office equipment; Business incubation services, namely, providing
work space containing business equipment and computer networks to new and emerging
businesses; Business collaboration services, namely, providing a collaborative workspace
containing business equipment for start-ups, existing businesses and non-profit organizations;
Providing office facilities in the form of a business center for others, namely, providing facilities
for the use of office equipment and machinery; Providing office services in the form of a business
center for others, namely, providing office functions and office support staff services; Incubation
services, namely, providing support for start-ups, emerging companies, and entrepreneurs in the
nature of business networking and work space containing business equipment; Accelerator
services, namely, providing work spaces containing business equipment to start-ups, emerging
companies, and entrepreneurs
MODIFY IDENTIFICATION:
Any item deleted from the listing of goods/services/nature of the collective membership organization
will be PERMANENTLY DELETED from the registration and may NOT be reinserted. Do NOT add or
broaden goods or services or otherwise amend the goods/services/nature of the collective

membership organization beyond the scope of the current identification.

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Incubation services, namely, providing work space containing business equipment to start-ups, existing
businesses and non-profit organizations; Business support services, namely, business consulting to startups, existing businesses and non-profit organizations; Business consulting and office administration
services in an open or shared work space environment; Providing co-working facilities equipped with
office equipment; Business incubation services, namely, providing work space containing business
equipment and computer networks to new and emerging businesses; Business collaboration services,
namely, providing a collaborative workspace containing business equipment for start-ups, existing
businesses and non-profit organizations; Providing office facilities in the form of a business center for
others, namely, providing facilities for the use of office equipment and machinery; Providing office
services in the form of a business center for others, namely, providing office functions and office support
staff services; Incubation services, namely, providing support for start-ups, emerging companies, and
entrepreneurs in the nature of business networking and work space containing business equipment;
Accelerator services, namely, providing work spaces containing business equipment to start-ups,
emerging companies, and entrepreneurs
DELETE INTERNATIONAL CLASS: 035

Check here to permanently DELETE this class of goods/services/collective membership
organization from your registration. WARNING: This class may NOT later be reinserted in the
registration

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Specimen File
Watch the TMIN video explaining what is meant by the term "specimen". Visit the USPTO's website
for information on acceptable file sizes and formats.
Instructions: Attach ONLY the specimen here. Failure to follow this instruction will cause significant
delays in the processing and review of your filing.

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Attach File 0 file(s) attached

Check this box if you are mailing a non-traditional specimen using USPS because it meets the
qualifications explained in the hyperlink. Sound and motion specimens are not non-traditional and
MUST be submitted using this form. Failure to submit a required specimen through TEAS may result in
processing delays and additional fees.
Describe what the submitted specimen consists of:

ADDITIONAL INFORMATION REQUIRED FOR WEBPAGE SPECIMENS:

Enter webpage URL(s) and date(s) of access below if it does NOT appear on the attached specimen.

Enter webpage URL(s) and dates(s) of access below if it does NOT appear on the attached specimen.

If your specimen consists of a webpage, provide the webpage URL:

If your specimen consists of a webpage, indicate the date you accessed or printed the webpage:
(MM/DD/YYYY)

CHECK THIS BOX IF SPECIMENS ARE NOW BEING SUBMITTED OR WERE PREVIOUSLY SUBMITTED
UNVERIFIED IN THE INITIAL FILING.
Checking this box will automatically add the following declaration language to the form:
For expungement: "The substitute (or new, or originally submitted, if appropriate) specimen(s)
was/were in use in commerce before the filing date of the granted petition to expunge under § 2.91(a),
or before the date the proceeding was instituted by the Director under § 2.92(b), as appropriate" OR

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For reexamination: "The substitute (or new, or originally submitted, if appropriate) specimen(s)
was/were in use in commerce on or before the relevant date.”
NOTE: If submitting a substitute specimen or verifying a previously submitted specimen, you must
provide a signed declaration when signing the form.

Fee Page
Fee Information

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Additional Fees

Per Multiplier Fee Total

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Deleting goods and/or services, and/or classes after submission and prior to Per x
acceptance of a section 8 affidavit
Class 0

$250 $0

Additional Fee Total

$0

OVERALL TOTAL AMOUNT

$0

Correspondence Info
NEW CORRESPONDENCE INFORMATION
To make changes to the Primary Email Address for Correspondence below, either
(1) return to the Owner Information section (if no attorney has been appointed) and enter the change, or
(2) use the Attorney Information section of the form to enter the change (if an attorney has been
appointed).
Name

Primary Email Address for Correspondence:
Secondary Email Address(es) (Courtesy
Copies):
Enter up to 4 addresses, separated by either a semicolon or a comma.
Email
Addres
Only the Primary Email Address for Correspondence is used for official communication by the
s
USPTO. If an attorney has been appointed, the USPTO will correspond ONLY with the
appointed attorney; otherwise the USPTO will correspond with the owner/holder. The
owner/holder or the appointed attorney must keep this email address current with the
USPTO.

Signature

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NOTE: I understand that (1) a valid email address must be maintained by the owner/holder and the owner's/holder's
attorney, if appointed, for correspondence and (2) all official trademark correspondence must be submitted via the
Trademark Electronic Application System (TEAS).

Response To Office Action

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TEAS - Version 7.6

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DECLARATION SIGNATURE

If a declaration is required, the declaration must be signed by someone who is a "proper party to
sign on behalf of the applicant" under Trademark Rule 2.33. The Response Signature section must
always be entered.

Click to choose ONE signature method:
Sign electronically directly on this response form
electronic signature

Email Text Form to second party for

Handwritten pen-and-ink signature

NOTE: To electronically sign this document, enter any alpha/numeric characters (letters/numbers)

of your choosing, preceded and followed by the forward slash (/) symbol. Most signatories enter their
name between the two forward slashes; examples of acceptable "signatures" include: /john doe/;
/jd/; or /123-4567/.

DECLARATION: The signatory being warned that willful false statements and the like are
punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false
statements and the like may jeopardize the validity of the submission or registration, declares
that all statements in this submission based on the signatory's own knowledge are true, and all
statements in this submission made on information and belief are believed to be true.

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STATEMENTS FOR EXPUNGEMENT: "The substitute (or new, or originally submitted, if appropriate)
specimen(s) was/were in use in commerce before the filing date of the granted petition to expunge
under § 2.91(a), or before the date the proceeding was instituted by the Director under § 2.92(b),
as appropriate" OR
STATEMENTS FOR REEXAMINATION: "The substitute (or new, or originally submitted, if
appropriate) specimen(s) was/were in use in commerce on or before the relevant date.”

* Signature

* Date Signed

(MM/DD/YYYY)

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Examples of acceptable
"signatures" include: /john doe/;
/jd/; or /123-4567/.
NOTE: Must be personally signed
by the individual listed in the
Signatory's Name field. 37 C.F.R.
§2.193(a). The person signing
may not enter someone else's
signature.

* Signatory's Name
* Signatory's Position
Enter appropriate title or nature of relationship to the owner/holder.
If the signer is
- An individual owner/holder, enter "Owner" or "Holder" as appropriate.
- Joint individual owners/holders, enter "Owners" or "Holders" as
appropriate.
- A business entity authorized signatory, enter official title; e.g.,
"President" (if a corporation),"General Partner" (if a partnership), or

"Principal" (if a limited liability company).
- A U.S.-licensed attorney, enter "Attorney of record," and if not specified
in the application or prior communications, specify at least one state bar
admission, e.g., "Attorney of record, New York Bar member." Also, if the
signing attorney is from the same U.S. firm as the attorney of record, but
was not listed in the original filing and is not otherwise of record, also
include law firm name, e.g., Associate Attorney, Smith, Jones & Davis,
Virginia Bar member.
Signatory's Phone Number

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RESPONSE SIGNATURE

Click to choose ONE signature method:

Sign electronically directly on this response form
Email Text Form to second party for
electronic signature

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NOTE: Although a possible combination as selected on the form, the following signing method must
NOT be used: declaration signed directly and response signed through the email text form approach.
NOTE: To electronically sign this document, enter any alpha/numeric characters (letters/numbers)
of your choosing, preceded and followed by the forward slash (/) symbol. Most signatories enter their
name between the two forward slashes; examples of acceptable "signatures" include: /john doe/;
/jd/; or /123-4567/.

*You must click one of the three buttons below to confirm that you are legally authorized to sign this
form based on the trademark rules governing representation of others before the USPTO.
If you have a U.S.-licensed attorney representing you in this matter, only your attorney can sign this
response.
Owner/Holder who is not represented by an attorney (pro se): I hereby confirm that
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I am not represented by an attorney in this matter, and am either: (1) the owner(s)/holder(s);
or (2) a person or person(s) with legal authority to bind the owner(s)/holder(s); and
If I had previously been represented by an attorney in this matter, either I revoked their power
of attorney by filing a signed revocation with the USPTO or the USPTO has granted this
attorney's withdrawal request.

ADVISORY: Click the above first button only if you are the owner(s)/holder(s) or legally authorized to
bind the owner(s)/holder(s); such as an officer of the owner/holder corporation or association, or a
general partner of the owner/holder partnership.
Authorized U.S.-Licensed Attorney: I hereby confirm that

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I am a U.S.-licensed attorney who is an active member in good standing of the bar of the
highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or
territory);
I am currently the trademark owner's/holder's attorney or an associate thereof;
To the best of my knowledge, if prior to my appointment another U.S.-licensed attorney not
currently associated with my company/firm previously represented the owner/holder in this
matter:
o the owner/holder has revoked their power of attorney by filing a signed revocation or
substitute power of attorney with the USPTO;
o the USPTO has granted that attorney's withdrawal request;
o the owner/holder has filed a power of attorney appointing me in this matter; or
o the owner/holder's appointed U.S.-licensed attorney has filed a power of attorney
appointing me as an associate attorney in this matter.

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Authorized Canadian Trademark Attorney/Agent: I hereby confirm that

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An authorized U.S.-licensed attorney has been appointed to represent the owner/holder;
I have been granted reciprocal recognition under 37 C.F.R. §11.14(c)(1) by the USPTO's Office
of Enrollment and Discipline; and
I am an authorized signatory based on 37 C.F.R. §11.14(c)(2).

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ADVISORY: Foreign attorneys (other than authorized Canadian attorneys/agents) may not sign
responses and are prohibited from representing a trademark owner/holder before the USPTO in
trademark matters.
NOTE: If more than one owner/holder, ALL must sign the overall submission.

* Signature

* Date Signed
Examples of acceptable
"signatures" include: /john doe/;
/jd/; or /123-4567/.
NOTE: Must be personally signed
by the individual listed in the
Signatory's Name field. 37 C.F.R.
§2.193(a). The person signing
may not enter someone else's
signature.

(MM/DD/YYYY)

* Signatory's Name
* Signatory's Position
Enter appropriate title or nature of relationship to the owner/holder.

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Signatory's Phone Number

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If the signer is
- An individual owner/holder, enter "Owner" or "Holder" as appropriate.
- Joint individual owners/holders, enter "Owners" or "Holders" as
appropriate(all must sign the form).
- A business entity authorized signatory, enter official title; e.g.,
"President" (if a corporation),"General Partner" (if a partnership), or
"Principal" (if a limited liability company).
- A U.S.-licensed attorney, enter "Attorney of record," and if not specified
in the application or prior communications, specify at least one state bar
admission, e.g., "Attorney of record, New York Bar member." Also, if the
signing attorney is from the same U.S. firm as the attorney of record, but
was not listed in the original filing and is not otherwise of record, also
include law firm name, e.g., Associate Attorney, Smith, Jones & Davis,
Virginia Bar member.

Validation Page

Response To Office Action for Expungement and Reexamination
Validation Page

On Wed Apr 28 09:50:11 ET 2021 you completed all mandatory fields and successfully validated
the form. It has NOT been filed to the USPTO at this point. Please complete all steps below to
submit the form.

STEP 1: Review the data in various formats, by clicking on the phrases under Response Data. Use
the print function within your browser to print these pages for your own records.
NOTE: It is important that you review this information for accuracy and completeness now.
Corrections after submission may not be permissible, thereby possibly affecting your legal rights.
WARNING: After submission of this form, some characters may be displayed in a manner different
from what was originally entered because various USPTO systems cannot display/print certain
characters. The USPTO will convert any problematic character(s) to the closest acceptable
equivalent(s). Visit the USPTO's website for a complete table highlighting which characters will be
converted.
Response Data
Input

Specimen(s)

Mark

XML File

Textform

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STEP 2: If there are no errors and you are ready to file, confirm the Primary Email Address for
Correspondence, displayed below. To make changes to this email address, use the navigation
buttons below to return to the appropriate page in the form and update either the attorney's
email address, if appointed, or the owner's/holder's email address. Courtesy copies are also
permitted and these email address(es) are displayed below. To update these addresses, use the
navigation buttons below to return to the Correspondence Information page and enter the
changes.

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After you submit the form, the USPTO will send an acknowledgment of receipt to the following
email address(es):
Primary Email Address for Correspondence:

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Secondary Email Address(es) (Courtesy
Copies):

STEP 3: To download and save the form data, click on the Save Form button at the bottom of
this page. The information will be saved to your local drive. To begin the submission process with
saved data, you must open a new form, and click on the "Browse/Choose File" button displayed
on the initial form wizard page. Clicking on the "Continue" button at the bottom of that first page
will then properly open the saved version of your form.
STEP 4: Read and check the following:
Important Notice:

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1. I am aware that this response, to be considered "complete," should address each
issue requiring response in the Office action or any previous Office action
incorporated by reference, and, in addition, that this response does not consist only
of a signature (unless the missing signature was the sole issue raised in the Office
action).
2. I am aware that, if a fee was required, once I submit this form, the USPTO will not
refund the fee, because it is a processing fee for the USPTO's substantive review.
3. I am aware that all information I submit to the USPTO at any point in the application
and/or registration process will become public record, including my name, phone
number, email address, and street address. By filing this document, I acknowledge
and agree that I HAVE NO RIGHT TO CONFIDENTIALITY in the information disclosed.
The public will be able to view this information in the USPTO's on-line databases and
through internet search engines and other on-line databases. This information will
remain public even if the application is abandoned or any registration is
surrendered, cancelled, or expired. To maintain confidentiality of banking or credit
card information, only enter payment information in the secure portion of the site
after validating your form. For any information that may be subject to copyright
protection, by submitting it to the USPTO, the filer is representing that he or she has
the authority to grant, and is granting, the USPTO permission to make the
information available in its on-line database and in copies of the application or
registration record.
4. I am aware that private companies not associated with the USPTO often use
trademark application and registration information from the USPTO's databases
to mail or email trademark-related solicitations (samples of non-USPTO solicitations
included).

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*
If you have read and understand the above notice, please check the box before you
click on the Submit button.

STEP 5: If you are ready to file:
Click on the Submit button at the bottom of this page to complete the filing process.
WARNING: After clicking the button, you can NOT return to the form to modify the data. If you
are not prepared to complete the process now, you should select the "Save Form" option and
then complete the Submit process later.
FEE PAYMENT (if required): Screens for entering payment information will follow after clicking
the Submit button. Following successful entry of the payment information, you can complete the
submission to the USPTO.
You must complete the payment process within 30 minutes of accessing the payment screen.
A complete transaction will result in a screen that says SUCCESS! Within 24 hours, an email
acknowledgment will also be sent. If you are not prepared to complete the process now, you
should select the "Save Form" option to save your form, and then complete the Submit process

later. Or, if you have discovered any error, use the "Go Back to Modify" button to make a
correction.

PRA Act Statement
This collection of information is required by 37 CFR 1.137. The information is required to obtain or retain a benefit
by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C.
122 and 37 CFR 1.11, 1.14 and 41.6. This form is estimated to take 45 minutes to complete, including gathering,
preparing, and submitting the completed form to the USPTO. Time will vary depending upon the individual case.
Any comments on the amount of time you require to complete this form and/or suggestions for reducing this
burden, should be sent to the Chief Administration Officer, U.S. Patent and Trademark Office, U.S.
Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED
FORMS TO THIS ADDRESS. SEND TO: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, VA
22313-1450.

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Privacy Act Statement
The United States Patent and Trademark Office (USPTO) collects this information under authority of 5 CFR
339.205. The information in this system of records is used to manage name, citizenship, domicile, email address,
postal address, and telephone number of the trademark applicant, registrant, and applicant’s or registrant’s legal
or other authorized representative(s), an attorney’s law firm or company affiliation and professional licensing
information, and other information pertaining to an applicant’s or registrant’s activities in connection with the
applied-for or registered mark. Other records mange in this system include trademark applications, applicant
and registrant declarations, office actions, registration certificates, and correspondence generated in the course
of the prosecution of a trademark application or maintenance of a trademark registration. The information you
provide is protected from disclosure to third parties in accordance with the Privacy Act. However, routine uses of
this information may include disclosure to the following: public; foreign entity, professional organizations or
associations, audit or oversight; governments, law enforcement and investigation; nonfederal personnel; record
informational inquiries; data breach notification; data breach assistance; adjudication and litigation;
department of justice litigation; freedom of information act assistance from department of justice; office of
personnel management; congressional inquiries; the National Archives and Records Administration; and office of
management and budget. Disclosure of the information by you is voluntary; however, failure to provide any part
of the requested information may result in our inability to enroll you in the program. The applicable Privacy Act
System of Records Notice for this information request is COMMERCE/USPTO-26,
Trademarks Application and Registration Records: Federal Register vol. 85 February 18, 2020, p 8847, available at
https://www.govinfo.gov/content/pkg/FR-2020-02-18/pdf/2020-03068.pdf


File Typeapplication/pdf
AuthorLudeman, Jessica A.
File Modified2021-05-10
File Created2021-05-10

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