To: | Fab.com, Inc. (trademark@prangerlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86029286 - FAB - N/A |
Sent: | 11/21/2013 6:10:34 PM |
Sent As: | ECOM104@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86029286
MARK: FAB
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Fab.com, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 11/21/2013
Search of Office’s Database of Marks
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Identification of Goods
Applicant may substitute the following wording, if accurate:
CLASS 016
Art made of paper; 3D decals for use on any surface; A series of books and written articles in the field of art, entertainment, decor, history, people, places, fashion; Address
books; Address books and diaries; Address labels; Address plates; Address stamps; Addressing machines; Adhesive labels; Adhesive materials for office use; Adhesive notepads; Adhesive tape dispensers
for household or stationery use; Adhesives for stationery or household purposes; Agendas; Airbrush make-up stencils; Albums for stickers; Albums for {identify particular goods
contained in the album, e.g., photos featuring art, entertainment, decor, history, people, places and fashion}; Announcement cards; Appointment books;
Art and photograph portfolio cases; Art etchings; Art paper; Art pictures; Art prints; Art prints on canvas; Artists' brushes; Artists' pastels; Artists' pencils; Artists' pens; Artists' watercolor
saucers; Arts and craft clay kits; Atlases; Autograph books; Baby books; Bags for microwave cooking; Ballpoint pens; Bathroom tissue; Binder clips; Binders; Birthday books; Blackboard erasers;
Blackboards; Blank cards; Blank journals; Blank note cards; Blank paper notebooks; Blank writing journals; Blotters; Blotting paper; Book covers; Book holders; Book marks; Book-cover paper; Bookends;
Books in the field of art, entertainment, decor, history, people, places, fashion; Bottle wrappers of cardboard or paper; Boxes of cardboard or paper; Boxes, cartons, storage containers, and
packaging containers made of paper or cardboard; Brag books; Bubble pens; Bumper stickers; Calendar desk pads; Calendar refills; Calendars; Calendars and diaries; Calligraphy ink; Calligraphy paper;
Canvas for painting; Canvas for printing; Canvas panels for artists; Card files; Cardboard boxes; Cardboard containers; Cardboard hang tags; Cards bearing universal greetings; Caricatures; Carrying
cases made of paper; Cartoon prints; Cartoon strips; Cases specially adapted for holding and carrying books; Cat box liners in the form of plastic bags; Chalk; Chalk and chalkboards; Chalk boards for
school and home use; Chalk sticks; Charcoal pencils; Charts for displaying data about human height; Checkbook and passbook wallets; Checkbook covers; Children's activity books; Children's books;
Children's interactive educational books; Children's storybooks; Children's wall stickers and murals; Children's arts and crafts paper kits; Children's books and Christmas tree ornaments sold as a
unit; Christmas cards; Clip boards; Coasters of paper; Coffee table books featuring art, entertainment, decor, history, people, places, fashion; Color pencils; Color prints; Colored craft and art
sand; Coloring books; Comic books; Comics; Construction paper; Cook books; Cookbook holders; Corkboard pins; Correspondence cards; Correspondence holders; Cosmetic pencil sharpeners; Coupon books;
Covers of paper for flower pots; Craft glue for stationery or household purposes; Craft paper; Crayons; Crepe paper; Crossword puzzles; Day planners; Decals; Decorations for pencils; Decorative
stickers for helmets; Decorators' paintbrushes; Desk baskets for desk accessories; Desk blotters; Desk calendars; Desk file trays; Desk pads; Desk sets; Desktop stationery cabinets; Diaries;
Disposable napkins; Document covers; Document file racks; Document file trays; Drawing ink; Drawing instruments; Drawing pads; Drawing paper; Drawing pencils; Drawings; Driver's license holders; Dry
erase markers; Dry erase writing boards and writing surfaces; Easel pads; Easels; Electric pencil sharpeners; Electric staplers for offices; Electronic typewriters; Engagement books; Envelopes;
Eraser dusting brushes; Erasers; Event albums; Exercise books; Eyebrow stencils; Fabric gift bags; Face towels of paper; Facial tissue; Felt pens; Felt tip markers; Felt writing pens; Figures made of
paper; File cards; File folders; File trays; Filler paper; Fingerprint kits; Flash cards; Flip books; Flip chart cases; Folders; Fountain pen ink cartridges; Fountain pens; Framed and matted art
pictures featuring calligraphy, pressed flowers and/or images of pressed flowers; Framed art etchings; Framed art pictures; Framed art prints; Framed graphic art reproductions; Framed paintings;
General feature magazines; Geographical maps; Gift bags; Glitter, namely, {identify types of glitter, e.g. Glitter pens for stationery purposes}; Gift boxes; Gift wrapping paper;
Glitter glue for stationery purposes; Globes; Glue for stationery or household purposes; Graph paper; Graphic art prints; Graphic art reproductions; Graphic fine art prints; Graphic novels; Graphic
prints and representations; Greeting cards; Greetings cards and postcards; Guest books; Halloween goodie bags of paper or plastic; Hand-held labeling devices; Hat boxes of cardboard; Highlighter
pens; Highlighting markers; Holders for adhesive tapes; Holders for desk accessories; Holiday cards; Index cards; Ink pens; Ink stamps; Inkwells; Japanese ceremonial paper strings (mizuhiki);
Japanese handicraft paper; Japanese paper; Lap boards for reading and writing; Lap desks; Leather appointment book covers; Leather book covers; Letter openers; Lunch bags; Maps; Memory books;
Modeling clay; Modeling paste; Molds for modeling clays; Money clips; Mounted and unmounted photographs; Mounted posters; Mounts for stamps; Murals; Non-fiction books on a variety of topics; Note
books; Note cards; Note paper; Notebook dividers; Notebook paper; Notebooks; Notepads; Novels; Office hole punchers; Office labeling machines; Paint rollers; Paint stirrers; Paint trays;
Paintbrushes; Paintings; Paintings and calligraphic works; Paintings and their reproductions; Paintings in mixed media; Palettes for painting; Paper; Paper baby bibs; Paper bags; Paper bows for gift
wrap; Paper cake decorations; Paper clip holders; Paper clips; Paper cocktail umbrellas; Paper cutters; Paper display boxes; Paper doilies; Paper filters for coffee makers; Paper folders; Paper for
Japanese sliding screens (shoji-gami); Paper gift bags; Paper gift bags for wine; Paper gift tags; Paper gift wrap; Paper hang tags; Paper mache; Paper mache figurines; Paper mats; Paper party
decorations; Paper party favors; Paper stationery; Paper stock; Paper table cloths; Paper tissues for cosmetic use; Paper towels; Paperweights; Parchment paper; Party ornaments of paper; Passport
cases; Passport covers; Passport holders; Pastel crayons; Pastels; Pen and pencil cases; Pen and pencil holders; Pen and pencil trays; Pen clips; Pen holders; Pencil boxes; Pencil cases; Pencil or
pen boxes; Pencil sharpeners; Pencil sharpening machines; Pencils; Pens; Photo storage boxes; Photograph corners; Photograph mounts; Photograph stands; Photographic albums; Pictures; Plastic gift
wrap; Portable desks; Postcards; Poster board; Posters; Presentation folders; Print engravings; Printed calendars; Prints; Push pins; Rice paper; Rubber stamps; Scented drawer liners; Scrapbook
albums; Scrapbook pages; Sealing stamps; Sealing wax; Seals; Sketch books; Sketch pads; Sketches; Stamp cases; Stamp inks; Stamp pad inks; Staple removers; Stapler holders; Staples; Stationery;
Stationery boxes; Stationery cases; Stationery folders; Stencil cases; Stencil paper; Stencil paper; Stencil plates [DELETE AS DUPLICATE]; Stenciling machines; Stencils; Stencils for
decorating; Stickers; Tarot cards; Temporary tattoo transfers; Textile wine gift bags; Thumbtacks; Tissue paper; Toilet paper; Toilet tissue; Tracing paper; Unmounted posters;
Wall calendars; Wedding albums; Wedding books; Works of art made of paper; Wrapping paper; Writing journal sheets; Writing paper; Xuan paper for Chinese painting and calligraphy
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.
Multiple Class Application
(1) LIST GOODS AND/OR SERVICES BY INTERNATIONAL CLASS: Applicant must list the goods and/or services by international class.
(2) PROVIDE FEES FOR ALL INTERNATIONAL CLASSES: Applicant must submit an application filing fee for each international class of goods and/or services not covered by the fee(s) already paid (confirm current fee information at http://www.gov.uspto.report/trademarks/tm_fee_info.jsp).
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
/Heather Biddulph/
Heather Biddulph
Law Office 104
email: heather.biddulph@uspto.gov
phone: 571-272-8190
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.