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Uspto Marca 79344946

The USPTO issued a nonfinal office action regarding the trademark application for 'INTERGADO' by PRO EFICIENCIA SOLUÇÃO PARA AGRONEGOCIOS S.A, citing a provisional full refusal due to incomplete mark description and the requirement for a U.S.-licensed attorney for foreign-domiciled applicants. The applicant must respond within six months to avoid application abandonment and is advised to amend the mark description and provide an email address. Failure to comply with these requirements will result in the application being abandoned.

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0% found this document useful (0 votes)
18 views3 pages

Uspto Marca 79344946

The USPTO issued a nonfinal office action regarding the trademark application for 'INTERGADO' by PRO EFICIENCIA SOLUÇÃO PARA AGRONEGOCIOS S.A, citing a provisional full refusal due to incomplete mark description and the requirement for a U.S.-licensed attorney for foreign-domiciled applicants. The applicant must respond within six months to avoid application abandonment and is advised to amend the mark description and provide an email address. Failure to comply with these requirements will result in the application being abandoned.

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paulosinisterra2
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We take content rights seriously. If you suspect this is your content, claim it here.
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United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

U.S. Application Serial No. 79344946

Mark: INTERGADO

Correspondence Address:
PRO EFICIENCIA SOLUÇÃO
PARA AGRONEGOCIOS S.A
RUA GRACYRA RESSE DE GOUVEIA, 1008 - DISTRITO INDU
JARDIM PIEMONT
32689-328 BETIM BRAZIL

Applicant: PRO EFICIENCIA SOLUÇÃO PARA AGRONEGOCIOS S.A

Reference/Docket No. N/A

Correspondence Email Address:

NONFINAL OFFICE ACTION


Notice of Provisional Full Refusal

International Registration No. 1671917

Deadline for responding. The USPTO must receive applicant’s response within six months of the
“date on which the notification was sent to WIPO (mailing date)” located on the WIPO cover letter,
or the U.S. application will be abandoned (see https://www.uspto.gov/trademarks-application-
process/abandoned-applications for information on abandonment). To confirm the mailing date, go to
the USPTO’s Trademark Status and Document Retrieval (TSDR) database at https://tsdr.uspto.gov/,
select “US Serial, Registration, or Reference No.,” enter the U.S. application serial number in the blank
text box, and click on “Documents.” The mailing date used to calculate the response deadline is the
“Create/Mail Date” of the “IB-1rst Refusal Note.”

Respond to this Office action using the USPTO’s Trademark Electronic Application System
(TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.

Discussion of provisional full refusal. This is a provisional full refusal of the request for extension of
protection to the United States of the international registration, known in the United States as a U.S.
application based on Trademark Act Section 66(a). See 15 U.S.C. §§1141f(a), 1141h(c).

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.

SEARCH OF USPTO DATABASE OF MARKS


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.

Amended Mark Description Required


Applicant must submit an amended description of the mark because the current one is incomplete and
does not describe all the significant aspects of the mark. 37 C.F.R. §2.37; see TMEP §§808.01, 808.02.
Descriptions must be accurate and identify all the literal and design elements in the mark. See 37
C.F.R. §2.37; TMEP §§808 et seq. In this case, the description is incomplete because it does not
describe the arcs in the mark.

The following description is suggested, if accurate: The mark consists of three arcs, two of which
are gray and one of which is blue, to the left of the wording "INTERGADO" in blue.

Email address required. Applicant must provide applicant’s email address, which is a requirement for
a complete application. See 37 C.F.R. §2.32(a)(2); Mandatory Electronic Filing & Specimen
Requirements, Examination Guide 1-20, at III.A. (Rev. Feb. 2020). Applicant’s email address cannot be
identical to the listed primary correspondence email address of any attorney retained to represent
applicant in this application. See Examination Guide 1-20, at III.A.

Applicant must be represented by a U.S.-licensed attorney to respond to or appeal the provisional


refusal. An applicant whose domicile is located outside of the United States or its territories is foreign-
domiciled and must be represented by an attorney who is an active member in good standing of the bar
of the highest court of a U.S. state or territory. 37 C.F.R. §§2.11(a), 11.14; Requirement of U.S.-
Licensed Attorney for Foreign-Domiciled Trademark Applicants & Registrants, Examination Guide 4-
19, at I.A. (Rev. Sept. 2019). An individual applicant’s domicile is the place a person resides and
intends to be the person’s principal home. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. A juristic
entity’s domicile is the principal place of business; i.e., headquarters, where a juristic entity applicant’s
senior executives or officers ordinarily direct and control the entity’s activities. 37 C.F.R. §2.2(o);
Examination Guide 4-19, at I.A. Because applicant is foreign-domiciled, applicant must appoint such a
U.S.-licensed attorney qualified to practice under 37 C.F.R. §11.14 as its representative before the
application may proceed to registration. 37 C.F.R. §2.11(a). See Hiring a U.S.-licensed trademark
attorney at https://www.uspto.gov/trademarks-getting-started/why-hire-private-trademark-attorney for
more information.

Only a U.S.-licensed attorney can take action on an application on behalf of a foreign-domiciled


applicant. 37 C.F.R. §2.11(a). Accordingly, the USPTO will not communicate further with applicant
about the application beyond this Office action or permit applicant to make future submissions in this
application. And applicant is not authorized to make amendments to the application.

To appoint or designate a U.S.-licensed attorney. To appoint an attorney, applicant should submit a


completed Trademark Electronic Application System (TEAS) Change Address or Representation form
at https://teas.uspto.gov/wna/ccr/car. The newly-appointed attorney must submit a TEAS Response to
Examining Attorney Office Action form at https://teas.uspto.gov/office/roa/ indicating that an
appointment of attorney has been made and address all other refusals or requirements in this action, if
any. Alternatively, if applicant retains an attorney before filing the response, the attorney can respond
to this Office action by using the appropriate TEAS response form and provide his or her attorney
information in the form and sign it as applicant’s attorney. See 37 C.F.R. §2.17(b)(1)(ii).

How to respond. Click to file a response to this nonfinal Office action.


/Julie Thomas/
Trademark Examining Attorney
Law Office 107
(571) 272-1582
[email protected]

RESPONSE GUIDANCE
• Missing the response deadline to this letter will cause the application to abandon. The
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 applicant’s
ability to timely respond.

• 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.

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