To: | ONPETS, LLC (ipmiami@gtlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86816746 - OP - 156309.01010 |
Sent: | 4/21/2016 11:51:05 AM |
Sent As: | ECOM111@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86816746
MARK: OP
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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: ONPETS, LLC
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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: 4/21/2016
THIS IS A FINAL ACTION.
This Office action is in response to applicant’s communication filed on 04/15/2016.
In a previous Office action(s) dated 03/04/2016, applicant was required to satisfy the following requirement(s): amend the identification of services.
Based on applicant’s response, the following requirements have been satisfied and Office records have been updated accordingly: the identification of services requirement for International Classes 035 and 041 and the description of the mark requirement. See TMEP §§713.02, 714.04.
The trademark examining attorney, however, maintains and now makes FINAL requirement as to the identification of services in International Class 044. See 37 C.F.R. §2.64(a); TMEP §714.04.
Summary of Issues Applicant Must Address
• Identification of Services Requirement
Requirement - Identification of Services – International Class 044
NOTE: The remaining services recited in the identification are acceptable without further amendment.
Applicant may adopt the following identification, if accurate. Please note that the wording subject to this requirement and the suggested changes made by the trademark examining attorney appear in bold.
Providing a website featuring consumer information in the field of pets and pet care products and services, namely, pet care services that are based on a combination of eastern and western veterinary medicine, cutting-edge therapies, integrative and functional veterinary medicine and science-based care, pet care products that are holistic, organic, natural, anti-allergenic and are not tested on animals, pet-friendly travel, lodging and restaurants, pet lifestyle resources, animal welfare and charity information; online retail store services featuring pet care products and services, namely, pet care products and services that are holistic, organic, natural, anti-allergenic and are not tested on animals, pet-friendly travel and lodging and restaurants, and pet lifestyle resources (Class 035)
Providing an Internet website featuring information for pet owners relating to animal health and animal behavior, namely, information regarding pet training (Class 041)
Providing an Internet website featuring information for pet owners relating pet lifestyle resources in the nature of airline requirements for flying with pets (Class 039)
Providing an Internet website featuring information for pet owners relating pet lifestyle resources in the nature of pet-friendly hotels and lodging, and restaurants (Class 043)
Providing an Internet website featuring information for pet owners relating to animal health and animal behavior, namely, information regarding holistic and preventive pet care, functional and integrative animal wellness options, alternative veterinary treatment therapies and modalities (Class 044)
If applicant needs to add an additional class to the application as a result of this requirement, please see the multi-class requirements detailed below.
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.
NOTICE: Although identifications of goods and/or services may be amended to clarify or limit the goods and/or services, adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.
Multi-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 3 class(es). 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.
Applicant’s Response Guidelines
(1) A response that fully satisfies all outstanding requirements and/or resolves all outstanding refusals.
(2) An appeal to the Trademark Trial and Appeal Board, with the appeal fee of $100 per class.
37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues. TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).
Assistance
Deirdre G. Robertson
/Deirdre G Robertson/
Trademark Examining Attorney
Law Office 111
Phone No. (571) 272-8806
deirdre.robertson@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 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.
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 Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, 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/teas/eTEASpageE.htm.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $50 per international class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone without incurring this additional fee.