To: | Lagasse, LLC (mail@iphorgan.net) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86480848 - BOARDWALK - UST 0520 US |
Sent: | 3/27/2015 9:15:24 PM |
Sent As: | ECOM119@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86480848
MARK: BOARDWALK
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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: Lagasse, 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: 3/27/2015
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 OF OFFICE’S DATABASE OF MARKS
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).
IDENTIFICATIONS REQUIRE AMENDMENT
The International Class 12 and 20 identifications are acceptable.
The remaining identifications of goods are unacceptable because certain goods are either indefinitely worded and/or misclassified. See TMEP §§1402.01, 1402.03(a).
Applicant may change the wording to the following, if accurate [please note that the current unacceptable entries appear italicized, and suggested wording the applicant must provide appears in bold]:
Class 3: Cleaning preparations; bleach, namely [indicate type, e.g., laundry bleach, hair bleach]; grease and grime cleaning preparations; hand cleaners; wipes impregnated with a cleaning preparation.
Class 5: Hand sanitizer, all-purpose disinfectants in liquid and spray forms.
Class 6: Non-luminous and non-mechanical metal safety signs.
Class 7: Vacuum cleaner accessories, namely, vacuum cleaner bags, belts and filters and parts and accessories therefor, namely [identify the Class 7 accessories by their common commercial names]; hand operated drum pumps.
Class 8: Hand-pumped sprayers for the janitorial industry and parts and accessories therefor, namely [identify the Class 7 accessories by their common commercial names].
Class 9: Safety equipment, namely, safety cones, luminous and mechanical safety signs.
Class 16: Plastic food storage bags for household use.
Class 17: Plastic safety tape used for perimeter marking; Safety tape, namely, adhesive anti-slip tape for flooring applications; Safety tape, namely, reflective tape for use in [indicate field of use].
Class 21: Mops; mop heads; mop handles; mop wringers; mop head finish applicators; mop pads; buckets; cleaning cloths and rags; brooms; broom handles; braces for brooms; waste baskets; trash cans; squeegees; scrubbing brushes; dusters; feather dusters; polywool dusters; lambswool dusters; grill scrubbers; sponges for household purposes; scouring pads; toilet plungers; toilet bowl brushes; dust pans; lint rollers and replacement parts therefor; antimicrobial mop heads; antimicrobial mop handles.
Class 24: Shop towels, namely, towels for use in salons and barber shops.
Class 26: Beard nets; hair nets; hair caps used as applicators for hair conditioners and colorants.
TMEP §1402.01.
PLEASE NOTE: An applicant may amend an identification of goods and services only to clarify or limit the goods and 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 et seq.
For assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.
REQUIREMENTS FOR A MULTIPLE-CLASS APPLICATION
(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 thirteen classes; however, applicant submitted a fees sufficient for only nine classes. 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.
FAILURE TO RESPOND – ABANDONMENT OF SPECIFIC GOODS
The application will then proceed with the following goods in International Classes 3, 5, 7, 9, 12, 16, 20, 21 and 26 only: Cleaning preparations; hand cleaners; wipes impregnated with a cleaning preparation, in International Class 3; Hand sanitizer, all-purpose disinfectants, in International Class 5; Vacuum cleaner accessories, namely, vacuum cleaner bags, belts and filters and parts therefor; hand operated drum pumps, in International Class 7; Safety equipment, namely, safety cones, in International Class 9; Utility carts; service carts; cube trucks; tilt trucks; dollies, in International Class 12; Plastic door stops, in International Class 20; Mops; mop heads; mop handles; mop wringers; mop head finish applicators; mop pads; buckets; cleaning cloths and rags; brooms; broom handles; braces for brooms; waste baskets; trash cans; squeegees; scrubbing brushes; dusters; feather dusters; polywool dusters; lambswool dusters; grill scrubbers; scouring pads; toilet plungers; toilet bowl brushes; dust pans; lint rollers and replacement parts therefor; antimicrobial mop heads; antimicrobial mop handles, in International Class 21; and Beard nets; hair nets, in International Class 26. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
/Ronald L. Fairbanks/
Ronald L. Fairbanks
Trademark Examining Attorney
Law Office 119
(571) 272-9405
ron.fairbanks@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.