Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 5/27/2015

 

STATUS OF APPLICATION

 

Pursuant to TMEP §707.03, applicant is advised of the following status of the application.  In an Office action issued on October 29, 2014, the following issues were outstanding with this application:

 

(1)      Partial Section 2(d) Refusal – Likelihood of Confusion for Goods in International Class 28

 

Applicant did not respond to the Office action issued on October 29, 2014.

 

PARTIAL ABANDONMENT – APPLICATION HAS BEEN AMENDED

 

The above-referenced application is abandoned in part because applicant failed to file a response to the Office action dated October 29, 2014.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).  To avoid partial abandonment, a response was due within six months from the date on which the USPTO sent the previous Office action; however, no response was received within this time period.  See TMEP §711. 

 

The outstanding Office action included a Partial Section 2(d) Refusal that applied to only International Class 28; therefore, only International Class 28 is abandoned.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)(1); TMEP §718.02(a). 

 

International Class 28 will be deleted from the application.  The application will proceed with the following identification:

 

Class 9  –

Backpacks especially adapted for holding laptops and notebook computers; Cases for eyeglasses and sunglasses; Sunglasses; Wheeled backpacks especially adapted for holding laptops.

 

Class 15  –

Musical instruments, namely, string basses; Musical instruments, namely, acoustic and electric guitars, electric bass guitars, and drum kits comprised of drums, bells, foot pedals and cymbals.

 

Class 18  –

Baby backpacks; Backpacks for pets; Backpacks with rolling wheels; Backpacks, book bags, sports bags, bum bags, wallets and handbags; Luggage.

 

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).

 

/Timothy Schimpf/

Examining Attorney

Law Office 113

(571) 272-9072

timothy.schimpf@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 5/27/2015 FOR U.S. APPLICATION SERIAL NO.85872845

 

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.