To: | Paladone Products Limited (psawicki@wck.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86351053 - PALADONE - P135.22-0001 |
Sent: | 11/20/2014 2:05:38 PM |
Sent As: | ECOM105@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86351053
MARK: PALADONE
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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: Paladone Products Limited
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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PRIORITY 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: 11/20/2014
DATABASE SEARCH: The trademark examining attorney has searched the USPTO’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).
ISSUES APPLICANT MUST ADDRESS: On November 14, 2014, the trademark examining attorney and Peter Sawicki discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.
SUMMARY OF ISSUES that applicant must address:
The identification of services contains parentheses. Generally, parentheses and brackets should not be used in identifications because the USPTO generally uses these punctuation marks to indicate services that have been deleted from registrations. See TMEP §1402.12. Parenthetical or bracketed information is permitted in identifications only if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity of the identification, e.g., “obi (Japanese sash).” Id.
Therefore, applicant must remove the parentheses from the identification of services and incorporate any parenthetical or bracketed information into the description.
Applicant may substitute the following wording, if accurate:
Class 35: The bringing together, for the benefit of others, of a variety of goods in the form of stationery, gadgets in the nature of mechanical or electronic devices and tools, games, toys, housewares, household or kitchen utensils and containers, cosmetic and toilet utensils and bathroom articles, luggage, bags, wallets and other carriers enabling customers to conveniently view and purchase those goods by mail order or by means of telecommunications or from an Internet website; advertising services; distribution of samples; consultation, information and advice in relation to the aforesaid services
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.
ADVISORY: PARTIAL ABANDONMENT
If applicant does not respond to this Office action within the six-month period for response, the following services in International Class 35 will be deleted from the application:
"The bringing together, for the benefit of others, of a variety of goods in the form of stationery, gadgets (mechanical or electronic devices and tools), games, toys, housewares, household or kitchen utensils and containers, cosmetic and toilet utensils and bathroom articles, luggage, bags, wallets and other carriers enabling customers to conveniently view and purchase those goods by mail order or by means of telecommunications or from an Internet website; providing ordering information by means of a global computer network in relation to the aforesaid services"
The application will then proceed with only the remaining services in International Class 35, which are as follows:
"advertising services; distribution of samples; consultation, information and advice in relation to the aforesaid services"
See 37 C.F.R. §2.65(a); TMEP §718.02(a).
RESPONSE GUIDELINES
/J. Peter Bodri/
J. Peter Bodri
Examining Attorney
Law Office 105
571-272-5949
Peter.Bodri@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.