To: | NOVOLEX HOLDINGS, INC. (ip@nelsonmullins.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86380322 - FORTUNE - 33896/09384 |
Sent: | 7/8/2015 6:58:52 PM |
Sent As: | ECOM110@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86380322
MARK: FORTUNE
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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: NOVOLEX HOLDINGS, 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: 7/8/2015
Based on further review,
IDENTIFICATION OF GOODS/RECITATION OF SERVICES
The wording used to describe some of the goods and services are overbroad. See TMEP §1402.01.
For “plastic films, printed plastic films” – for the above reasons, applicant must indicate the use of the goods. For example, “plastic films for wrapping, plastic films for packaging” is acceptable in Class 016. Plastic films and sheets are generally classified according to function or purpose of the goods: Class 016 for wrapping or packaging purposes and in Class 017 for packing or non-wrapping purposes.
“Plastic packaging and plastic food films” is indefinite. Applicant may amend to “plastic films for packaging; Plastic films used as packaging for food” -both in Class 016. Pleases note that “packaging containers of plastic” are generally in International Class 020.
Applicant may adopt the following identification, if accurate:
International Class 016: “Plastic bags and printed plastic bags for household and retail use; plastic garbage bags and trash can bags; general purpose plastic bags; plastic shopping bags; plastic bags for disposing of medical waste; plastic bags for transporting soiled linens; plastic bags for materials used with autoclave machines [this is unclear, please provide more information]; plastic films and printed plastic films for wrapping and packaging; plastic packaging wrap for retail, commercial and industrial use, plastic films used as packaging for food, plastic films in the nature of coverings for food racks; trash can liners. International Class 16.
Plastic films and printed plastic films for commercial packing. International Class 17.
An applicant may only amend an identification to clarify or limit the goods and/or services, but not to add to or broaden the scope of the goods and/or services. 37 C.F.R. §2.71(a); see 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.
MULTIPLE – CLASS APPLICATION REQUIREMENTS
(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 and/or services that are classified in at least 5 classes; however, applicant submitted a fee(s) sufficient for only 1 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.
/Dezmona J. Mizelle-Howard/
Dezmona J. Mizelle-Howard
Trademark Examining Attorney
Law Office 110
571.272.9368
Dezmona.Mizelle@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.