Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  December 09, 2019

International Registration No. 1279513

 

 

REQUEST FOR RECONSIDERATION DENIED:  PARTIAL ABANDONMENT – APPLICATION HAS BEEN AMENDED

 

The trademark examining attorney has carefully reviewed applicant’s request for reconsideration and is denying the request for the reasons stated below.  See 37 C.F.R. §2.63(b)(3); TMEP §§715.03, 715.03(a)(ii)(D), 718.02(a).  The requirement(s) made final in the Office action dated June 6, 2019 are maintained and continue to be final.  See TMEP §715.03(a)(ii)(D).  Furthermore, since applicant has not filed an appeal with the Trademark Trial and Appeal Board, and there is no time remaining in the response period, the application is being held partially abandoned.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)-(a)(1); TMEP §§715.03(a)(ii)(D), (c), 718.02(a), 1714.01(a)(ii).

 

In the present case, applicant’s request has not resolved all the outstanding issue(s), nor does it raise a new issue or provide any new or compelling evidence with regard to the outstanding issue(s) in the final Office action.  In addition, applicant’s analysis and arguments are not persuasive nor do they shed new light on the issues.  Accordingly, the request is denied.

 

The 2(d) refusal is satisfied and withdrawn per the information the unity of control. 

 

With respect to the identification of goods for Class 16, the wording “Paper, cardboard and goods made from these materials, namely, paper strips, namely, being reinforcement and cover strips for construction purposes” remains indefinite as to the nature of the goods and proper classification.

 

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)(1); TMEP §718.02(a). 

 

The portion of the identification that was the subject of the refusal(s) and/or requirement(s) will be deleted from the application.  The application will proceed with the following identification for Class 16:  “Paper, cardboard; printed matter, namely, books, magazines, manuals featuring building construction and drywall systems; paint brushes; printed instructional and teaching material in the field of building construction, and drywall systems, except apparatus”. The remaining goods and services are acceptable.

 

For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html.  See TMEP §1402.04.

 

Applicant may respond by filing a petition to the Director to request a reversal of the decision to abandon the application in part.  TMEP §§715.03(a)(ii)(D), 718.02(a), 1713.01; see 37 C.F.R. §2.146.  However, the Director will reverse the decision only if there is clear error or an abuse of discretion.  In re GTE Educ. Servs., 34 USPQ2d 1478, 1479-80 (Comm’r Pats. 1994); TMEP §§715.03(a)(ii)(D), 1713.01.  A petition may be filed online via the Trademark Electronic Application System (TEAS) with a $100 fee.  See 37 C.F.R. §2.6(a)(15)(ii).

 

 

 

 

/Bernice Middleton/

Bernice Middleton

Examining Attorney

Law Office 106

571-270-1514

Bernice.Middleton@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on December 09, 2019 for

U.S. Trademark Application Serial No. 79237600

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Bernice Middleton/

Bernice Middleton

Examining Attorney

Law Office 106

571-270-1514

Bernice.Middleton@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”