To: | Enfant Terrible Design AB (tm@stroock.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86321191 - DOCKATOT - 003460/0012 |
Sent: | 12/19/2014 11:05:35 AM |
Sent As: | ECOM106@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86321191
MARK: DOCKATOT
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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: Enfant Terrible Design AB
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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: 12/19/2014
THIS IS A FINAL ACTION.
This Office Action is in response to applicant’s correspondence dated 12/2/14.
The following requirement(s) have been satisfied and are now withdrawn: 1) Significance of the Wording, and 2) Identification – Classes 24 and 25.
TMEP §714.04.
The following refusal and/or requirements are now made FINAL: 1) Identification – Classes 18 and 20.
37 C.F.R. §2.64(a).
Identification – Classes 18 and 20
The wording “transport bags;” and “multi-functional or multi-purpose baby pod not for medical or therapeutic purposes, for use by babies, toddlers and young children; multi-functional or multi-purpose unit consisting of mattress pad, mattress cover, bumper, handles, zippers and buckles for use by babies, toddlers and young children” in the identification of goods is indefinite and must be clarified because it is unclear. See TMEP §1402.01. The specific type of transport bag must be indicated. As indicated previously, the term “baby pod” is unacceptable. The “multi-functional or multi-purpose unit” is unclear and includes indefinite goods such as bumper, handles, zippers and buckles.
The wording “Baby Pod” in the identification of goods is a registered mark not owned by applicant. See previously enclosed copy of U.S. Registration No(s). 3031738 and 3041974. An applicant may not use a registered mark owned by another party in the identification. A registered mark indicates origin in one party and cannot be used to define goods or services that originate in a party other than the registrant. TMEP §1402.09; see Camloc Fastener Corp. v. Grant, 119 USPQ 264, 264 n.1 (TTAB 1958). Therefore, applicant must amend the identification of goods to delete the wording “baby pod” and substitute the common commercial or generic name of the goods.
Applicant has provided three web site images of its product. These images do not sufficiently convey what applicant’s products are. Based on the attached web page evidence from applicant’s website, the product is specifically described as a “baby bed.”
Applicant may substitute the following wording, if accurate:
Class 18 –
Bags, namely, diaper bags, weekend bags and transport bags in the nature of suitcases
Class 20 –
Sleeping bags; multi-functional or multi-purpose baby beds not for medical or therapeutic purposes, for use by babies, toddlers and young children;
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.
Partial Abandonment
Applicant may respond by providing one or both of the following:
(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. §2.64(a); 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. 37 C.F.R. §2.64(a); 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).
Tejbir Singh
/Tejbir Singh/
Trademark Attorney
Law Office 106
571-272-5878
571-273-9106 (fax)
Tejbir.Singh@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.