UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

 

ISSUE/MAILING DATE:

 

 

THIS IS A FINAL ACTION.

 

 

 

This letter responds to Applicant’s communication filed February 4, 2014.  The claim of ownership, proposed identification of goods for international class 8 and clarification of the filing basis for the goods in international class 8 have been accepted and entered.  However, the requirement for an acceptable identification of goods for international classes 11 and 21 is continued and made FINAL.

 

IDENTIFICATION OF GOODS – INTERNATIONAL CLASS 11 AND 21 – PARTIAL FINAL

 

The proposed identification of goods remains indefinite and must be clarified.  See TMEP §1402.01.

 

In particular, for international class 11, Applicant must provide greater specificity with regard to, “parts and fittings therefor”, “electric raclette apparatus, namely, electric apparatus consisting in a grill under which individual frying pans are set in order to melt cheese, namely, raclette cheese, and on top of which a metallic piece serves as a chafing dish”, and “; and replacement part of the aforesaid goods.”  Note that these last two entries maybe corrected by changing the punctuation and correcting the grammar.

 

For international class 21, Applicant must provide greater specificity with regard to “steamer brushes.”  In addition, Applicant must either modify or delete the duplicative misclassified entry, “garment steamers.” See TMEP §707.02.

 

Please note that failure to address this issue shall result in all specified indefinite terms being deleted from the identification.  For Applicant’s convenience, all indefinite terms and phrases, and corresponding corrections suggested by the examining attorney, have been highlighted.

 

For assistance with identifying and classifying goods and 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 adopt the following identification of goods, if accurate:

International class 11 - Heating apparatus, namely, radiators and electric radiant heaters for household purposes, electric hair dryers and replacement parts and fittings therefor, electrically heated hair crimpers, room air conditioners, electric ventilation fans for household use, electric humidifiers, electric plate warmers; apparatus for making beverages made with hot water, namely, electric kettles, electrical coffee brewing machines and electric espresso machines, electric apparatus for cooking eggs, electric deep-fat fryers, electric woks, electric griddle, electric raclette apparatus, namely, electric apparatus consisting of a grill under which individual frying pans are set in order to melt cheese, namely, raclette cheese, and on top of which a metallic piece serves as a chafing dish, electric waffle irons, electric rice steamers, electric rice cookers, electric sandwich toasters, electric cooking ovens, electric grill pans/frying pans and rotisseries, and replacement parts of the aforesaid goods; garment steamers; steamer brushes for garments [moved and clarified from class 21].

 

International class 21 – Hair brushes, tooth brushes, combs and electrically-heated hair brushes, electric tooth brushes, skillets, pot lids, non-electric pressure cookers, kitchen and household utensils and containers, namely, glass cans, trash cans and utensil holders; thermo-insulated drinking flasks, replacement part of the aforesaid goods; hand-operated domestic appliances, namely, coffee grinders, fruit and vegetable presses; ironing boards.

 

NOTE:  An applicant may amend an identification of goods and services only to clarify or limit the goods and services; adding to or broadening the scope of the goods and/or services is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.

 

PARTIAL FINAL RESPONSE OPTIONS

 

If applicant does not respond within six months of the date of issuance of this final Office action, the above referenced goods to which the final requirement applies shall be deleted from the application by Examiner’s Amendment: 

 

The application will then proceed for the remaining goods and classes only.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).

 

Applicant may respond to this final Office action by:

 

(1)  Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or

 

(2)  Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.

 

37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.

 

In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues.  37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters).  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

 

 

 

/VJ/

Gene V.J. Maciol, II

Attorney-advisor

Law Office 103

gene.maciol@uspto.gov

571-273-9280 fx

571-272-9280 ph

 

 

TO RESPOND TO THIS LETTER:  Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

 

All informal e-mail communications relevant to this application will be placed in the official application record.

 

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the response. 

 

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 TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.