Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 10/17/2013

INTERNATIONAL REGISTRATION NO. 1139460

 

DATABASE SEARCH:  The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).

 

APPLICATION HAS BEEN AMENDED:  The trademark examining attorney is amending the application as follows.  No prior approval or authorization from applicant or applicant’s attorney is required.  TMEP §707.02.

 

Identification of Goods and Services – Partial Abandonment

PARTIAL ABANDONMENT – APPLICATION HAS BEEN AMENDED

 

The above-referenced application is abandoned in part because applicant failed to file a response to the final Office action dated March 21, 2013.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a); TMEP §718.02(a).  A response or notice of appeal was due within six months from the date of issuance of the previous Office action in order to avoid partial abandonment of the application; however, no response or notice of appeal was received within this time period.

 

The final Office action included refusal(s) and/or requirement(s) that applied to only a portion of the application; therefore, only that portion of the application is abandoned.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a); TMEP §718.02(a). 

 

The portion of the identification that was the subject of the requirement(s) will be deleted from the application.  The application will proceed with the following identification:

“Bleaching preparations for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps for cosmetic use; perfumery, perfumes, eau de Cologne, incense, essential oils, cosmetics, cosmetic creams, lotion for cosmetic purpose, cosmetic pencils, make-up, make-up powder, eyebrow, eyebrow pencils, mascara, lipsticks, lip glosses, nail care preparations, nail art stickers, hair lotions; dentifrices,” in International Class 3.

 

“Precious metals and their alloys; goods made of precious metal or plated therewith, namely bracelets, brooches, watch chains, charms, chronograph watches, tie clips, earrings, jewellery, key rings, cufflinks, lockets, necklaces, rings, watch bands, watches, wristwatches; jewellery; precious stones; horological and chronometric instruments,” in International Class 14.

 

“Leather and imitation leather; goods made of leather and imitation leather, namely attaché cases, garment bags for travel, briefcases chain mesh purse, handbags, key cases, moleskin, purses, school bags, traveling bags, traveling trunks, suitcases, trunks, umbrellas, valises; animal skins and hides; bags, namely school bags, shopping bags, travelling bags, handbags; trunks and suitcases; umbrellas, parasols and walking sticks, whips, harnesses and saddlery,” in International Class 18.

 

“Clothing, namely belts, bodices, coats, collars, combinations, corselets, corsets, cuffs, wristbands, detachable collars, dresses, Gloves, dressing gowns, hoods, hosiery, stuff jackets, jackets, jerseys, jumper dresses, layettes, leggings, muffs, neckties, overalls, overcoats, pants, drawers, pelerines, pelisses, pullovers, scarves, scarfs, shirts, short-sleeve shirts, skirts, slips, socks, stockings, suits, sweaters, tee-shirts, tights, togas, trousers, underpants, underwear, shirt yokes; Footwear, namely beach shoes, boots, esparto shoes or sandals, half boots, heels, lace boots, sandals, shoes, slippers, sports shoes; Headgear, namely bandanas, berets, hats, paper hats, headbands, top hats,” in International Class 25.

 

“Advertising; business management; business administration; providing office functions; business management advisory services relating to franchising, business management of a retail establishment for others, business management of retail sales outlets,” in International Class 35.

 

If applicant’s failure to respond was unintentional, applicant may file a petition to revive the portion of the application that abandoned.  37 C.F.R. §2.66(a); TMEP §§718.02(a), 1714.01(d).  The petition must be filed within two months of the date of issuance of this letter and may be filed online at http://www.gov.uspto.report/trademarks/teas/petition_forms.jsp.  See 37 C.F.R. §2.66(a)(1); TMEP §§718.02(a), 1714.01(a), (d).  A $100 fee for such a petition is required.  See 37 C.F.R. §2.6(a)(15).

 

 

 

 

 

 

 

/Matt Einstein/

Matt Einstein

Trademark Examining Attorney

Law Office 115

571-272-8251

matt.einstein@uspto.gov

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

 

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 10/17/2013 FOR U.S. APPLICATION SERIAL NO.79121845

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.