To: | Mazin G. Samona (docket@bvbip.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86323237 - CRY BABY - 01090-0019 |
Sent: | 8/19/2014 7:48:20 AM |
Sent As: | ECOM102@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86323237
MARK: CRY BABY
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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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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: 8/19/2014
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 Results
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 Unacceptable-Indefinite Wordings-Amendment Required
The identification of goods is indefinite and must be clarified as to the following goods, namely “e-cigarette liquids, electronic cigarettes liquids, smoke juice, and e-juice including nicotine; cartridges sold filled with chemical flavorings in liquid form including nicotine for electronic cigarettes; e-cigarette tanks, and electronic cigarette tanks, both in the nature of cartridges sold filled with chemical flavorings in liquid form including nicotine for electronic cigarettes; cartomizers pre-filled with electronic cigarette liquid including nicotine, namely, cartridges sold filled with chemical flavorings in liquid form including nicotine for electronic cigarettes” because it includes the open-ended wording “including.” See TMEP §§1402.01, 1402.03(a). The identification must be specific and all-inclusive. Therefore, this wording should be deleted and replaced with “namely” because it could include goods in more than one class. In addition, the wordings “smoke juice, and e-juice including nicotine” where they appear in the identification are unacceptable as indefinite and must be amended to exclusively specify these goods by common commercial name. For example, the wording “Electronic cigarette liquid (e-liquid) comprised of nicotine” is acceptable in Class 1; the identification “Cartridges sold filled with propylene glycol for electronic cigarettes” are acceptable in Class 1; the identifications “Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes”, “Cartomizers, namely, electronic cigarette refill cartridges filled with chemical flavorings in liquid form for electronic cigarettes” and “Chemical flavorings in liquid form used to refill electronic cigarette cartridges” are acceptable in Class 30.
Applicant may amend the identification to list only those items that are within the scope of the goods set forth in the application or within the scope of a previously accepted amendment to the identification. See 37 C.F.R. §2.71(a); TMEP §§1402.06 et seq., 1402.07.
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.
The identification of goods as filed also includes goods in more than one class. The wording “e-cigarette liquids and electronic cigarettes liquids, all of the foregoing comprised of propylene glycol and electronic cigarette liquid (e-liquid) comprised of vegetable glycerin” in the identification is acceptable in Class 1; the wording “cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; e-cigarette tanks, and electronic cigarette tanks, both in the nature of cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; refill cartridges, namely, cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; cartomizers pre-filled with electronic cigarette liquid, namely, cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes” in the identification is acceptable in Class 30. Applicant must amend these wordings to separately specify the goods by class.
Additional Classes
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule at http://www.gov.uspto.report/trademarks/tm_fee_info.jsp). The application identifies goods that are classified in at least two classes; however, applicant submitted a fee(s) sufficient for only one class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/multiclass.jsp.
/DominicJFerraiuolo/
Examining Attorney, U.S.P.T.O.
Law Office 102
tel: 571-272-9156
fax: 571-273-9102
email: dominic.ferraiuolo@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.