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: 4/15/2014

 

 

THIS IS A FINAL ACTION.

 

 

The following requirement(s) are now made FINAL:    See37 C.F.R. §2.64(a).

 

CLAIM OF OWNERSHIP OF REGISTRATIONS

If applicant owns U.S. Registration Nos. 0766417, 1208578 and others, then applicant must submit for the application record a claim of ownership of these registrations.  See 37 C.F.R. §2.36; TMEP §812.  See the attached copies of the registrations.  See TMEP §812. 

 

Applicant may use the following format to claim ownership of these registrations:

 

Applicant is the owner of U.S. Registration Nos. 0766417, 1208578 and others.

 

 

Identification

The lengthy identification of goods requires multiple clarifications as indicated below.  See TMEP §1402.01.  Applicant may adopt the following identification, if accurate: 

 

IC 9

Spectacle frames, spectacles, sunglasses, tinted or anti-glare spectacles, protective goggles, pince-nez, opera glasses, magnifying glasses, spectacle cases and containers for contact lenses; optical apparatus and instruments namely correcting optical lenses, spectacle glasses, contact lenses, tinted lenses or filter lenses, protective lenses, magnifying lenses, optical lenses, contact lenses;  apparatus for recording, transmission or reproduction of data, sound or images; telephones, mobile telephones, Smartphones, video phones, tablets, personal digital assistants and MP3 players; accessories for telephones, mobile telephones, Smartphones, video phones, tablets, personal digital assistants and MP3 players, namely hands-free kits for telephones, batteries, covers, cases, fascias, chargers, mobile phone straps, wrist or neck straps; electronic handheld units for the wireless transmission of data and/or voice signals; accessories for electronic handheld units for the wireless transmission of data and/or voice signals, namely batteries, car kits, chargers and charging pods, headsets, clips/cases for fixing to belts, headphone sets, adapters, adapter cases, desk stands, docking stations, computer cables, cases and covers for portable computers, covers, battery housings; blank magnetic data carriers, recording discs, compact discs, DVDs, USB flash drives and other digital recording media; data processing apparatus, computers; computer software for [specify function and use]; mechanisms for coin-operated apparatus; cash registers, calculating machines; fire-extinguishing apparatus; DELETE: scientific apparatus and instruments not for medical purposes, nautical, surveying, photographic, cinematographic, weighing, measuring, signaling, checking, supervising, life-saving and teaching apparatus and instruments; cases adapted for photographic and cinematographic apparatus

 

IC 16

DELETE BOLDED OR BE MORE SPECIFIC: Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; artists' materials; paint brushes; printed publications namely, catalogs, periodicals, pamphlets, newspapers, magazines, handbooks, leaflets and manuals , books FEATURING [SPECIFY SUBJECT MATTER OF ALL PRINTED PUBLICATIONS]; printed photographs;  stationery; posters; stationary stickers; paper and cardboard; wrappers of cardboard or paper; bags, envelopes and pouches of paper for packaging; signboards of paper or cardboard, note books; plastic materials for packaging namely bags, small bags, pouches; non-magnetic subscription cards, fountain pens; pencils; pencil holders, writing instruments, writing cases sold as a set and their fittings, notepads, writing pads, business cards, cheque books, diaries, stationary covers for diaries, postcards, engravings, lithographs, portraits, embroidery design patterns, patterns for making clothes, patterns for dressmaking, coasters of paper, place mats of paper, table napkins of paper, tablecloths of paper, curtains of paper, blinds of paper, face towels of paper, tablecloths of paper, money clip; hat boxes of cardboard; DELETE OR ADD CLASS 8: paper knives and cutters for office uses, stationery envelopes, labels, not of textile; writing paper; bookmarkers; Passport holders; holders for checkbooks; indexes cards

 

IC 18

Leather and imitations of leather, animal skins and imitation animal skins; handbags, shoulder bags, messenger bags, tote bags, luggage, wallets, purses, card cases, notecases, briefcases, attache cases, leather diary cases, school bags, school satchels, beach bags, bags for sports, belt bags, sling bags for travel, suitcases, trunks, travelling bags, rucksacks, shopping bags, clutch bags, pouches, vanity cases, toiletry bags sold empty, garment bags for travel, travelling sets namely coordinated luggage sets for travel, leather key cases; umbrellas, parasols, walking sticks; harness for animals, whips, saddler

 

IC 25

Men's, women's and children's clothing, namely suits, coats, jackets, pants, shirts, raincoats, sweatsuits, underwear, pullovers, knit shirts, and under garments; evening wear, namely evening dresses, evening gowns, evening wraps, tuxedos, blazers, and three-quarter coats; hosiery, namely socks and stockings; knitwear clothing, namely sweaters, knitted underwear, and knit caps; sportswear, namely sports shirts, sport jerseys, sport pants; clothing accessories, namely suspenders, ties, bow ties, and scarves; belts for clothing; gloves; footwear and headwear

 

Amendment of Identification - General Guidelines

Identifications of goods and/or services can be amended only to clarify or limit the goods and/or 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.  Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.  Applicant may consult the online ID MANUAL or the undersigned for further guidance.

 

 

MULTIPLE – CLASS APPLICATION REQUIREMENTS

Applicant must either (1) restrict the application to the number of classes covered by the fee(s) already paid, or (2) submit the fees for the additional class(es). 

 

The filing fee for adding classes to an application is as follows:

 

         (1)     $325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; or

 

         (2)     $375 per class, when the fees are submitted with a paper response. 

 

37 C.F.R. §2.6(a)(1)(i)-(a)(1)(ii); TMEP §810.

 

 

RESPONSE TO OFFICE ACTION 

Applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).  Applicant may respond by providing one or both of the following:

 

(1)  A response that fully satisfies all outstanding requirements;

 

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

 

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

 

In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review 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).

 

 

 

/jcbh/

John Hwang

Law Office 114

571-272-9452

john.hwang@uspto.gov

 

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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 4/15/2014 FOR U.S. APPLICATION SERIAL NO. 85973192

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,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)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 4/15/2014 (or sooner if specified in the Office action).  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System (TEAS) response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  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

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

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.