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 “Game play sets; Exercise equipment; Hobby craft kits; Hobby craft sets; Mountaineering equipment; Novelty toy items; Remote control toys; Toys; Toy model hobby craft kits; Wind socks” in the identification of goods must be clarified because applicant must specify particular types of goods or uses for definite identification.  See TMEP §§1402.01, 1402.03.  Specifically, with regard to exercise equipment, mountaineering equipment, novelty toy items, remote control toys, toys and wind socks, applicant must identify particular types of these goods for proper classification.  Further, with regard to game play sets, hobby craft kits, Hobby craft sets, and toy model hobby craft kits, applicant must identify the contents or use of the kit with greater specificity.  The suggested identification includes detailed explanatory notes and suggestions in bold font type.

 

Applicant may substitute the following wording, if accurate: 

 

 

CLASS 028

Action skill games; Action target games; Aerobic steps; Air mattresses for recreational use; Airsoft guns for recreational purposes; Amusement game machines; Arcade games; Archery arrows; Archery bows; Archery sets; Arm bands for designating team member positions in sports activities; Articles of clothing for toys; Artificial Christmas garlands; Artificial Christmas trees; Artificial Christmas wreaths; Artificial climbing walls; Artificial fishing bait; Artificial fishing lures; Athletic equipment, namely, mouth guards; Athletic equipment, namely, striking bags; Athletic sporting goods, namely, adhesive, under-eye glare reduction strips; Athletic sporting goods, namely, portable pitching mounds; Athletic supporters; Athletic tape; Attachable, wearable, magnetic toy figurines; Audio and visual headsets for use in playing video games; Baby multiple activity toys; Baby rattles; Baby rattles incorporating teething rings; Baby swings; Backboards for basketball; Backgammon game sets; Badminton sets; Bags especially designed for surfboards; Bags specially adapted for sports equipment; Bags specially adapted to carry yoga equipment; Balance boards for improving strength, toning, conditioning, balance, and proprioception; Balloons; Balls for games; Balls for juggling; Balls for sports; Barbells; Baseball bases; Baseball bats; Baseball batting gloves; Baseball batting tees; Baseball gloves; Basketball hoops; Basketball nets; Basketball table top games; Bath toys; Bats for games; Battery operated action toys; Beach balls; Beanbags in the form of playthings; Bells for Christmas trees; Bendable toys; Billiard balls; Billiard equipment; Bingo game playing equipment; Bird calls; Blow-outs; Board games; Game play sets comprised primarily of {indicate contents of set, e.g., a playing board and playing cards}; Bocce balls; Body boards; Body limb compression sleeves for use in soccer and other sports; Boomerangs; Bowling balls; Bowling gloves; Bowling pins; Boxing bags; Boxing gloves; Bubble making wand and solution sets; Building games; Butterfly nets; Caps for toy pistols; Card games; Carnival masks; Cases for play accessories; Cases for toy structures; Cases specially adapted for sports equipment; Cheerleading pom-poms; Children's multiple activity toys; Children's play cosmetics; Children's toy bicycles other than for transport; Chips for gambling; Christmas crackers; Christmas stockings; Christmas tree ornaments and decorations; Christmas tree skirts; Christmas tree stands; Clay pigeons; Climbers' harnesses; Clockwork toys; Clockwork toys [delete as duplicate]; Collectable toy figures; Computer game joysticks; Confetti; Construction toys; Costume masks; Craps game playing equipment; Craps tables; Crib mobiles; Crib toys; Croquet sets; Cue sticks; Cups for dice; Curling stones; Dart boards; Dart games; Darts; Decorative toy mobiles and plush toys for children made of felt; Decorative wind spinners; Dice; Dice cups; Dice games; Disc toss toys; Discs for playing disc golf; Disposable ticket sets for playing games of chance; Divot repair tool for golfers; Dominoes; Dumbbells; Egg decorating kits; Elbow guards for athletic use; Elbow pads for athletic use; Electric action toys; Exercise balls; Exercise bars; Exercise equipment, namely, {indicate particular types of equipment, e.g., abdominal boards}; Exercise equipment, namely, straps that are affixed to doors for performance of various exercises using body weight resistance; Exercise machines; Exercise trampolines; Exercise treadmills; Exercise weights; Face masks; Face plates for video game consoles for use with external monitors; Fantasy character toys; Fencing weapons; Field hockey sticks; Finger puppets; Fingerboards; Fish hooks; Fishing lines; Fishing lures; Fishing poles; Fishing reels; Fishing rods; Fishing tackle containers; Flippers for swimming; Floating recreational lounge chairs; Flying discs; Foosball tables; Gambling machines; Game tables; Gaming chips; Gaming equipment, namely, game wheels; Gaming tables; Golf bags; Golf balls; Golf club bags; Golf club covers; Golf club grips; Golf clubs; Golf gloves; Golf tees; Gymnastic apparatus; Gymnastic horizontal bars; Gymnastic parallel bars; Hand-held fishing nets; Hobby craft kits {indicate specific use or components, e.g, for decorating balloons }; Hobby craft sets {indicate specific use or components, e.g, for decorating balloons}; Hockey goals; Hockey pucks; Hockey skates; Hockey sticks; Holds for artificial climbing walls; Home plates; Horseshoe games; Hurdles; Ice skates; In-line skates; Infant exercise seats, namely, jumpers and infant saucers; Infant swings; Infant toys; Inflatable pools for recreational use; Inflatable ride-on toys; Inflatable toys; Jack-in-the-boxes; Jigsaw puzzles; Jock straps; Juggling equipment; Jump ropes; Kaleidoscopes; Kettle bells; Kites; Knee guards for athletic use; Knee pads for athletic use; Lacrosse balls; Lacrosse gloves; Lacrosse sticks; Leg weights; Longboards; Magic tricks; Marbles; Memory games; Model cars; Model toy vehicles; Modeled plastic toy figurines; Mountaineering equipment, namely, {indicate particular types of equipment, e.g. hook and ring combinations, ascenders}; Mouth guards for athletic use; Music box toys; Musical toys; Nets for ball games; Non-electronic toy vehicles; Non-riding transportation toys; Novelty toy items¸ namely, {indicate type of toy item, e.g., artificial plush animal tails}; Ordinary playing cards; Paddle balls; Paddle boards; Paddles for use in paddle ball games; Paintball guns; Paper airplanes; Paper party hats; Paper streamers; Parafoils; Paragliders; Parlor games; Party favors in the nature of crackers and noisemakers; Party favors in the nature of small toys; Party games; Personal exercise mats; Pinatas; Pinball games; Play balls; Play figures; Play houses; Play houses and toy accessories therefor; Play money; Play tents; Play tunnels; Play wands; Playground balls; Playing card shuffling device; Playing cards; Playset buildings; Plush toys; Pogo sticks; Poker chips; Pool cushions; Pop up toys; Printing toys; Promotional game materials; Protective athletic cups; Protective carrying cases specially adapted for handheld video games; Protective covers for rackets; Pucks; Pull toys; Punching bags; Punching toys; Puppets; Puzzles; Racket balls; Rackets and strings for rackets; Racquet balls; Radio controlled toy vehicles; Remote control toys, namely, {indicate the type of toy, e.g., cars, race cars, airplanes, boats}; Ride-on toys; Rocking horses; Roller skates; Rubber balls; Sand toys; Scale model kits; Scale model vehicles; Scratch cards for playing lottery games; Scuba flippers; Shin guards for athletic use; Shin pads for athletic use; Skateboards; Skateboard decks; Skateboard grip tapes; Skateboard trucks; Skateboard wax; Skateboard wheels; Sketching toys; Skis; Sling shots; Snow saucers; Snow shoes; Snowboard wax; Snowboards; Soft sculpture toys; Sport balls; Spring boards; Squeeze toys; Stacking toys; Stand alone video game machines; Stand-up paddle boards; Stand-up surf paddles; Stationary exercise bicycles; Stilts for recreational purposes; Storage racks for athletic equipment; Streamers; Stress relief exercise balls; Stretch bands used for yoga and physical fitness purposes; Stuffed and plush toys; Surfboard wax; Surfboards; Swim floats for recreational use; Swimming flippers; Tabletop games; Talking toys; Targets; Toboggans; Toys, namely, {indicate the type of toy, e.g., toy cars, dolls}; Toy airplanes; Toy animals; Toy banks; Toy building blocks; Toy candy dispensers; Toy cap pistols; Toy cars; Toy figures; Toy furniture; Toy guns; Toy harmonicas; Toy jewelry; Toy model hobby craft kits {indicate purpose of kit or contents, e.g., for constructing toy model landscapes, scenery, and action figures}; Toy model train sets; Toy modeling dough; Toy noisemakers; Toy putty; Toy record players; Toy robots; Toy rockets; Toy snow globes; Toy telescopes; Toy tools; Toy trains and parts and accessories therefor; Toy vehicles; Toy watches; Toy water globes; Toy whistles; Trading card games; Trampolines; Volleyball game playing equipment; Wakeboards; Water globes; Water pistols; Water skis; Water slides; Water squirting toys; Water toys; Water wings; Waterski ropes; Waterskis; Waterslides; Wax for skis; Weight lifting gloves; Wind socks, namely, {identify type of wind socks, e.g., decorative wind socks, toy wind socks, [NOTE: wind socks for indicating wind direction and intensity - Cl. 009]; Wind-up toys; Work-out gloves; Yoga blocks; Yoga mats; Yoga straps; Zip line apparatus for recreational purposes

 

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. 86030434

 

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.