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: 11/21/2013

 

 

 

 

Applicant is encouraged to telephone or e-mail the assigned trademark examining attorney to resolve the issues raised in this Office action by examiner’s amendment.  Although a formal response may never be submitted by e-mail, an applicant may communicate informally by phone or e-mail with the trademark examining attorney to agree to a proposed amendment to the application that will immediately place the application in condition for publication for opposition, issuance of a registration, or suspension.  See TMEP §707.

 

 

 

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

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

 

The wording “Door handles; knobs; handles; Altars” in the identification of goods must be clarified because it is too broad and could include goods in other international classes.  See TMEP §§1402.01, 1402.03.  Specifically, metal handles and knobs are classified in International Class 6, while non-metal types are classified in Class 21.  Further, applicant must identify the use or composition of the identified alters for proper classification.  The suggested identification includes detailed explanatory notes and suggestions in bold font type.

 

Applicant may substitute the following wording, if accurate: 

 

CLASS 20

Non-metal door handles and knobs; non-metal handles, namely, {specify types of handles, e.g., broom handles, knife handles, tool handles}; 3D ornaments made from plastic; Accent pillows; Air mattresses for use when camping; Animal horns; Antlers; Armchairs; Armoires; Artificial horns; Baby bouncers; Baby changing mats; Baby changing platforms; Baby changing tables; Baby walkers; Bamboo blinds; Bamboo curtains; Bamboo poles; Bassinets; Bath pillows; Bathroom and shaving mirrors; Bathroom furniture; Bathroom vanities; Beach chairs; Bead curtains for decoration; Bean bag beds; Bean bag chairs; Bean bag pillows; Bed frames; Bed headboards; Bed pillows; Bed rails; Bed rests; Bedroom furniture; Beds; Beds for household pets; Bedside tables; Benches; Bone carvings; Bookcases; Bookshelves; Bottle racks; Box springs; altars for household use; Buffets; Bulletin boards; Bumper guards for cribs; Bumper guards for furniture; Bunk beds; Busts of wood, wax, plaster or plastic; Busts of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Cabinet doors for furniture cabinets; Cabinet drawers for furniture cabinets; Cabinets; Cabinets for display purposes; Camping furniture; Capsules sold empty for beauty care and cosmetic products; Cast stone household and garden furniture; Cat scratching pads; Cat scratching posts; Cedar panels for use as drawer liners; Ceramic knobs and glass knobs; Chair beds; Chair cushions; Chair mats in the nature of a pillow or seat liner; Chair pads; Chairs; Chaise lounges; Chests of drawers; Cheval floor mirrors; Cheval glasses; Closet accessories, namely, belt racks; Closet accessories, namely, clothes bars; Closet accessories, namely, shoe racks; Closet accessories, namely, sliding clothes rails; Clothes hangers; Clothes rods; Coat racks; Coat stands; Cold cast resin figurines; Collapsible platform seats and stools; Computer furniture; Computer keyboard trays; Console tables; Corkboards; Cots; Couches; Crate covers for pets; Crates; Credenzas; Cribs; Cupboards; Curtain hooks; Curtain rails; Curtain rings; Curtain rods; Cushions; Custom furniture; Deck chairs; Decorative bead curtains; Decorative boxes made of plastic; Decorative boxes made of wood; Decorative centerpieces of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Decorative crosses made of wood; Decorative decoys made of plastic; Decorative glitter; Decorative mobiles; Decorative wooden wall letters for spelling names and words; Desks; Diaper changing mats; Dining chairs; Dining tables; Dinner wagons; Director's chairs; Dog beds; Dog kennels; Door bells not of metal, non-electric; Door handles, not of metal; Door knockers not of metal; Door nameplates, not of metal; Door stops of plastic; Door stops of wood; Doors for furniture; Dowels not of metal; Drafting tables; Drapery hardware, namely, traverse rods, poles, curtain hooks, curtain rods and finials; Drawer organizers; Drawer organizers for silverware; Drawer pulls of glass, porcelain or earthenware; Drawer pulls of plastic or wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials; Drawers; Dreamcatchers; Dressers; Dressing tables; Dressmaker's dummies; Drop-leaf tables; Drummer's stool; Easy chairs; End tables; Entertainment centers; Ergonomic chairs for use in seated massages; Fabric cake toppers; Fabric figurines; Fabric tissue box covers; Fabric window blinds; Feather beds; Figures made of rattan; Figures of closed cell resin polymer material; Figurines of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Filing cabinets; Fireplace screens; Fitted fabric furniture covers; Fitted fabric slipcovers for furniture; Fitted furniture cover not of fabric; Floor pillows; Flower-pot pedestals; Flower-stands; Foam toe separators for use in pedicures; Folding beds; Folding floor screens; Folding shelves; Foot rests; Foot stools; Frames for oil paintings; Frames for paintings; Furniture; Furniture chests; Furniture for house, office and garden; Furniture parts; Furniture, mirrors, picture frames; Futon mattresses; Futons; Gazing globes; Glass for use in framing art; Hand fans; Hand mirrors; Hangers in the nature of non-metal hooks used to hang a purse or bag from a table; Hat boxes for storage made of plastic; Hat racks; Hat stands; Head supporting pillows; High chairs; Holiday ornaments of plastic; Hutches; Imitation foods comprised of plastic; Indoor blinds; Infant walkers; Inflatable furniture; Interior window coverings, namely, vertical and horizontal louvers; Internal venetian blinds; Japanese floor cushions (zabuton); Japanese style arm rests (kyosoku); Japanese style floor seats (zaisu); Japanese style low desks (wazukue); Japanese style low tables (zataku); Key cabinets; Key fobs, not of metal; Kitchen cabinets; Lawn furniture; Leather picture frames; Lounge chairs; Love seats; Mattress toppers; Mattresses; Mirror tiles; Mirrors; Mosaic tables; Nightstands; Non-electric fans for personal use; Non-metal and non-paper closures for BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Non-metal cabinet door catches; Non-metal caps for bottles; Non-metal door handles; Non-metal hinges; Non-metal hooks; Non-metal house numbers; Non-metal key holders; Non-metal key rings; Non-metal knobs; Novelty pillows; Office chairs; Office furniture; Ornaments of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Ottomans; Outdoor furniture; Packaging containers of plastic; Personal compact mirrors; Pet crates; Pet cushions; Pet furniture; Picture frames; Pillows; Plant racks; Plant stands; Plastic bins; Plastic boxes; Plastic cake decorations; Plastic cake toppers; Plastic doorknobs; Plastic key chains; Plastic landscape edging; Plastic molds for making soap; Plastic sculptures; Plastic squeeze tubes sold empty; Plastic tissue box covers; Plate racks; Playhouses for pets; Playpens; Porcelain doorknobs; Porcelain knobs; Porcelain or earthenware doorknobs; Porcelain pulls; Porch swings; Portable beds for pets; Portable kennels; Pot racks; Prefabricated closet organization systems made of metal; Prefabricated closet organization systems made of wood; Racks for holding placemats which may be affixed to a refrigerator; Rattan; Raw coral; Raw mother of pearl; Recliners; Rocking chairs; Scratching posts; Screens; Sculptures of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Sea shells; Seat cushions; Serving trolleys; Shadow boxes; Shelves; Shoe cabinets; Shoe racks; Shower curtain hooks; Shower curtain rings; Shower curtain rods; Shower rods; Sleeper sofas; Sleeping bags; Sofa beds; Sofas; Standing desks; Statues of bone; Statues of ivory; Statues of plaster; Stone furniture; Stools; Stoppers of cork or cork imitations; Storage racks; Stuffed animals; Table tops; Television stands; Tie racks; Tissue box covers of textile; Tissue box covers of wood; Tool boxes not of metal; Tool chests not of metal; Toy boxes; Toy chests; Umbrella stands; Wax figurines; Wig trees, namely, nonmetal stands for wig display and storage; Wind chimes; Window blinds; Window fittings, not of metal; Window shades; Wine racks; Wood barrels; Wood bins; Wood boxes; Wood carvings; Wood cases; Wood chopping block tables; Wood crates; Wood doorknobs; Wood knobs; Wood poles; Wood pulls; Wooden sculptures; Works of art in mixed media composed primarily of polymers; Works of art made of plaster; Works of art made of wax; Works of art made of wood; Works of art of wood, wax, plaster or plastic; Works of art of BONE, IVORY, PLASTER, PLASTIC, WAX, WOOD; Writing desks

 

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

 

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

 

For an application with more than one international class, called a “multiple-class application,” an applicant must meet all the requirements below for those international classes based on an intent to use the mark in commerce under Trademark Act Section 1(b):

 

(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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 11/21/2013 FOR U.S. APPLICATION SERIAL NO. 86029374

 

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 11/21/2013 (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.