Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 7/19/2016

INTERNATIONAL REGISTRATION NO. 1299618

 

STATUS OF APPLICATION

 

Pursuant to TMEP §707.03, applicant is advised of the following status of the application.  Prior to issuance of this examiner’s amendment, the following issues were outstanding with this application:

 

1. Identification of goods requirement.

In light of applicant’s 06/30/2016 response and the amendments detailed below, the examining attorney has determined the following:

1. The identification of goods requirement is satisfied.

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Erica Tritt, Senior Associate at The Sladkus Law Group, on July 19, 2016, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of goods may clarify or limit the goods, but may not add to or broaden the scope of the goods.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

IDENTIFICATION OF GOODS AMENDED

 

The identification “floating containers, not of metal for commercial use” has been deleted.

 

The identification of goods is amended to read as follows: 

 

Class 12 - “Baby strollers; foldable baby strollers; covers for baby strollers; baskets for baby strollers; child restraining device in the nature of harness for baby strollers; canopies for baby strollers; linings for baby strollers being fitted covers for baby strollers seats; parasols to be affixed to baby strollers; umbrellas to be affixed to baby strollers; baby carriages; covers for baby carriages; hoods for baby carriages; shields for baby carriages being protective covers; baskets for baby carriages; child restraining device in the nature of harness for baby carriages; pads for the seats in baby carriages; shaped covers for baby carriages; baby carriages incorporating carry cots; baby carriages with removable infant carry cot; prams, being baby carriages; covers for prams; safety seats for children for automobiles; safety seats for use in vehicles; car seats for children; child restraints for vehicle seats; child safety harnesses for vehicle seats; car seat bases for children; child booster cushions for vehicle seats; stands for children's car seats; automobile seat cushions; fitted seat covers for vehicles; security harness for vehicle seats; safety belts for vehicle seats; pet safety seats for use in vehicles; bicycles; bicycles for children; tandem bicycles; bicycle saddles; saddlebags adapted for bicycles; bicycle bells; baskets adapted for cycles; luggage carriers for bicycles; bicycle trailers; saddle covers for bicycles or motorcycles; bicycle seat posts; tricycles for children; delivery tricycles; small wagons for transporting children; sports cars; go-carts; steering wheels for vehicles; gliders; golf carts, being vehicles; shopping trolleys, being carts; pushchairs; vehicles, namely, push scooters, motorized scooters, non-motorized scooters; motorcycles; paddles for canoes; parachutes; kick sledges for transportation purposes; sleeping cars for railway cars; yachts; fitted dashboard covers for vehicles; upholstery for vehicles; anti-theft alarms for vehicles; panniers adapted for cycles; safety devices for automobiles, namely, air bags; luggage carriers for vehicles; roof rack storage containers for land vehicles; ski carriers for cars; ski carriers for vehicles; bicycle racks for vehicles; luggage racks for attachment to vehicle hoods; luggage racks for attachment to vehicle trunks; drink holders for vehicles; fitted covers for vehicles; spare wheel covers; covers for vehicle steering wheels; shaped vehicle covers.” 

 

Class 20 – “School furniture; furniture; furniture of metal; upholstered furniture; outdoor furniture; garden furniture; inflatable furniture; computer furniture; workstations having multi-use work surfaces for use in a wide variety of fields; wardrobes; furniture, namely, closets being wardrobes, index cabinets, showcases, washstands, carts for computers being moving typing desks, benches, serving and tea trolleys, trestles being tables, screens for fireplaces, screens; cupboards; pantries, not of metal being a prefabricated closet organization system for food and related goods; shelves; sideboards; drawers, being furniture parts; chests of drawers; medicine cabinets; tables of metal; dressing tables; tea tables; massage tables; tables; writing desks; desks; nightstands; counters, being tables; ladders of wood or plastics; step stools, not of metal; furniture frames; furniture shelves; furniture partitions of wood; doors for furniture; furniture casters, not of metal; furniture fittings, not of metal; fitted furniture covers of fabric; furniture moldings; edgings of plastic for furniture; fitted furniture covers, not of fabric; plastic drawer lining material; seating furniture; sofa; divans; extendible sofas; sofa beds; settees; chaise longues; armchairs; chair beds; footrests; chairs, being seats; seats of metal; easy chairs; rocking chairs; recliners, being furniture; ergonomic chairs for seated massage; Japanese-style floor seats, namely, zaisu; stools; bathroom stools; chair legs, being furniture parts; chair pads; portable back supports for use with chairs; children's furniture; beds; mattresses; futon mattresses; sleeping mats; sleeping bags; sleeping bags for camping; pillows; cushions; stadium cushions; Japanese floor cushions, namely, zabuton; chair cushions; seat cushions; futons, being furniture; bed rails; bed bases; bed fittings, not of metal; storage racks for ski and sports equipment; storage racks for surfboards; baseball and softball bat racks; CD storage racks, being furniture; storage racks for storing works of art; shoe racks; shoe cabinets; keyboards for hanging keys; coatstands; towel stands, being furniture; hat stands; tie racks; book rests, being furniture; umbrella stands; magazine racks; door stops of wood; door stops of plastic; photograph frames made of paper; picture photoframes made of paper; picture frames; photograph frames; picture frames of precious metal; mirror frames; picture hangers, not of metal; embroidery frames; hand-held mirrors, being toilet mirrors; toilet mirrors; display stands; display cases for merchandise; furniture for displaying goods; display cases; jewellery organizer displays; newspaper display stands; fair stands, being display stands; mannequins; life-size forms of the human body to display clothes; costume display stands; costume stands; coat hangers; covers for clothing, being wardrobe; clothes rods; garment covers, being storage, namely, wardrobes; clothes hooks, not of metal; cradles; infant beds; sleeping mats for use by children; mats for infant playpens; baby bolsters; head support cushions for babies; baby changing tables; wall-mounted diaper, being napkin, changing platforms; baby changing mats; high chairs for babies; booster seats; baby bouncers, being seats; portable baby bath seats for use in bath tubs; infant walkers; playpens for babies; baby gates, not of metal; furniture, namely, safety gates of metal for babies, children, and pets; furniture, namely, safety gates, not of metal, for babies, children, and pets; crib bumpers; chests for toys; containers, not of metal, for commercial use; boxes of wood or plastic; caskets; chests, not of metal; hampers, being baskets for transporting goods for commercial purposes; baskets, not of metal for transporting goods for commercial purposes; packaging containers of plastic; party ornaments of plastic; holiday ornaments of plastic, other than tree ornaments; gift package decorations made of plastic; figures of bone, ivory, plaster, plastic, wax or wood; figurines, being statuettes, of bone or ivory; figurines, being statuettes, of wood, wax, plaster or plastic; decorative window finials; statuettes of resin; desktop statuary made of bone, ivory, plaster, plastic, wax or wood; statues of bone, ivory, plaster, plastic, wax or wood; busts of wood, wax, plaster or plastic; busts of bone or ivory; sculptures of bone, ivory, plaster, plastic, wax or wood; works of art of wood, wax, plaster or plastic; woven timber blinds, being furniture; slatted indoor blinds; indoor blinds of textile; interior textile window blinds; paper blinds; furniture, namely, indoor window blinds, being shades; blinds of reed, rattan or bamboo, being sudare; curtain hooks; curtain tie-backs in the nature of non-textile curtain holders; door handles, not of metal; furniture handles, not of metal; drawer pulls of plastics or wood, cork, reed, cane, wicker, horn, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials; knobs, not of metal; door knockers, not of metal; door fittings, not of metal; bag closures, not of metal; closures for containers, not of metal, nor of plastic; bottle stoppers, not of metal; bottle caps, not of metal; corks for bottles; playhouses for pets; kennels for household pets; dog kennels; pet crates; pet cushions; fans for personal use, non-electric; cabinet work; name badges of plastic; clear plastic holders for badges; display boards; placards of wood or plastics; signboards of wood or plastics; rings, not of metal, for keys; towel dispensers, fixed, not of metal; drawer dividers; pedestals; flower-pot pedestals; plant stands; plant hangers, not of metal; brush mountings being non-metal mounting brackets for brushes; trays, not of metal sold empty for tool and tool accessories.”

 

Class 32 – “Table waters; beverages, namely, mineral water; aerated water; still water; flavoured mineral water; energy drinks; isotonic beverages; sports drinks; non-alcoholic beverages, namely, malt beverages, honey-based beverages, fruit juice beverages; carbonated beverages, non-alcoholic; colas, being soft drinks; lemonades; soda water; tonic water; low calorie soft drinks; non-alcoholic beverages flavoured with tea; coffee-flavoured soft drinks; non-alcoholic fruit juice beverages; fruit-based soft drinks flavoured with tea; fruit-flavoured soft drinks; non-alcoholic beverages containing fruit juices; smoothies; fruit smoothies; vegetable smoothies; fruit nectars, non-alcoholic; fruit juices; aloe vera juices; sherbets, being beverages; aperitifs, non-alcoholic; cocktails, non-alcoholic; beer-based cocktails; beer-based beverages; low-alcohol beer; de-alcoholized beer; non-alcoholic wine; syrups for beverages; non-alcoholic fruit extracts; essences for making non-alcoholic beverages; preparations for making aerated water; preparations for making mineral water.” 

 

See TMEP §§1402.01, 1402.01(e).

 

WHAT HAPPENS NEXT: After an examiner’s amendment issues, the trademark examining attorney will usually approve the mark for publication in the Trademark Official Gazette, a weekly online publication of the USPTO.  The USPTO will then send a “Notice of Publication” to the applicant specifying the date of publication. 

 

The purpose of publishing applicant’s mark in the Trademark Official Gazette is to provide an opportunity to third parties who believe they may be damaged by registration of applicant’s mark to oppose its registration within thirty (30) days from the publication date.  An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on such matters.  If an opposition proceeding is instituted to oppose registration of applicant’s mark, applicant will receive notice.  In such cases, due to the complexity of such matters, applicant may wish to hire an attorney.

 

If the mark is published based upon the actual use of the mark in commerce, or based on a foreign registration, and no party opposes its registration, the USPTO will normally register the mark and issue a registration certificate within approximately twelve (12) weeks after the date the mark was published.

 

For an overview of the time frames for when an applicant should file and the USPTO will issue documents related to a trademark application, see Trademark Application and Post-Registration Process Timelines.  Forms for Statements of Use and extension requests, and additional requirements for intent to use applications, are available online at Intent to Use (ITU) Forms. 

 

ASSISTANCE: If the applicant has questions regarding this Examiner's Amendment, please contact the undersigned attorney at the below telephone number or e-mail address.

 

 

 

/Emma Sirignano/

Examining Attorney, Law Office 113

United States Patent and Trademark Office

(571) 272-7031

emma.sirignano@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 7/19/2016 FOR U.S. APPLICATION SERIAL NO.79187713

 

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.