To: | Digirettes, Inc. (gtipmail@gtlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87043221 - CUE - 160108-106 |
Sent: | 9/12/2016 7:08:31 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. 87043221
MARK: CUE
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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: Digirettes, 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: 9/12/2016
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.
NO CONFLICTING MARK FOUND
REQUIREMENTS
Before the application can be considered further, the following requirement(s) must be addressed.
IDENTIFICATION OF THE GOODS AND SERVICES
For the reasons set forth below, as to the underlined wording, the identification of goods and services needs clarification because it is, in part, indefinite. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. The portion of the identification that is unacceptable is underlined and comments and suggestions for correcting the wording are set forth in the brackets. Comments and suggestions for the indefinite wording are set forth in brackets.
Class 34:
Electronic vaporizers and atomizers, vape pens, and advanced personal vaporizers for use in inhaling vapor for non-medical purposes [need to clarify the nature of the goods by indicating that these are smokers’ articles or electronic or smokeless cigarette accessories or similar language; for example, if accurate, may amend to “Smokers’ articles in the nature of electronic vaporizers and atomizers, vape pens, and advanced personal vaporizers for use in inhaling vapor for non-medical purposes”];
components for electronic vaporizers and atomizers, vape pens, and advanced personal vaporizers, namely, electronic vaping mods, bumpers, caps, cartridges, cartomizers, clearomizers, coils, cones, drip tips, refilling tools, and tanks [need to clarify the nature of the goods by indicating that these are smokers' articles or electronic or smokeless cigarette accessories or similar language and to further specify the nature of the components; for example, if accurate, may amend to "Smokers' articles in the nature of components for electronic vaporizers and atomizers, vape pens, and advanced personal vaporizers, namely, electronic vaping mods, electronic cigarette refill cartridges sold empty, cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes, clearomizers, namely, electronic cigarette refill cartridges sold empty, refilling tools used to refill electronic cigarette cartridges and structural parts of electronic cigarettes in the nature of bumpers, caps, coils, cones, drip tips and tanks sold empty”];
flavored ejuice and eliquid for use in electronic vaporizers and atomizers, vape pens, and advanced personal vaporizers [specify the contents of the eliquid; clarify the term “ejuice”; for example, if accurate, may amend to "flavored ejuice and eliquid for use in electronic vaporizers and atomizers, vape pens, and advanced personal vaporizers, namely, electronic cigarette liquid (e-liquid) comprised of propylene glycol and of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges”];
Class 35:
Retail and online retail store services in the field of vaping products and services featuring electronic vaporizers and atomizers, vape pens, and advanced personal vaporizers for use in inhaling vapor for non-medical purposes, and components for the aforesaid goods, namely, vaping mods, batteries, bumpers, caps, cartridges, cartomizers, chargers, clearomizers, coils, cones, drip tips, refilling tools, tanks, flavored ejuice and eliquid [need to clarify the field of the services by indicating that these are smokers' articles or electronic or smokeless cigarette accessories or similar language; the reference to the field of services should be deleted or explained; for example, if accurate, may amend to "Retail and online retail store services in the field of smokers’ articles in the nature of vaping products featuring electronic vaporizers and atomizers, vape pens, and advanced personal vaporizers for use in inhaling vapor for non-medical purposes, and components for the aforesaid goods, namely, vaping mods, batteries, bumpers, caps, cartridges, cartomizers, chargers, clearomizers, coils, cones, drip tips, refilling tools, tanks, and flavored ejuice and eliquid”]
In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases. See TMEP §§1402.01, 1402.03(a). In the identification of services, applicant must use the common commercial or generic names for the services, be as complete and specific as possible, and avoid the use of indefinite words and phrases. Id.
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. See TMEP §1402.04.
INQUIRY
Failure to respond to a request for information is an additional ground for refusing registration. See In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship LLP, 67 USPQ2d 1699, 1701 (TTAB 2003); TMEP §814.
CLOSING
/Douglas M. Lee/
Trademark Examining Attorney
Law Office 111
U.S. Patent and Trademark Office
571-272-9343
douglas.lee4@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.