To: | Parker, James (mmishev@kbsolaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87117883 - GK - 201-001TMUS |
Sent: | 11/10/2016 12:54:31 PM |
Sent As: | ECOM105@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87117883
MARK: GK
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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: Parker, James
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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PRIORITY 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: 11/10/2016
DATABASE SEARCH: The trademark examining attorney has searched the USPTO’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).
ISSUES APPLICANT MUST ADDRESS: On November 10, 2016, the trademark examining attorney and Attorney Milena Mishev discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.
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 or e-mail without incurring this additional fee.
SUMMARY OF ISSUES
IDENTIFICATION OF GOODS
The identification of goods is indefinite and must be clarified because it is too broad and could include goods in other international classes. See TMEP §1402.01 §1402.03.
Applicant should note that the wording in bold and/or bold ALL CAPS below shows the changes being proposed for the identification of goods and services. When making its amendments, applicant should enter them in standard font, not bold ALL CAPS.
Applicant may adopt the following identification and classification of goods, if accurate:
International Class 009: Sunglasses; frames for sunglasses; cases for eyeglasses and sunglasses; OPTICAL glasses; eye glasses; spectacles glasses; sports glasses
International Class 018: ALL PURPOSE CARRYING Bbags; gym bags; athletic bags; sport bags;
cosmetic bags SOLD EMPTY; wallets; travel bags; work bags IN THE NATURE OF BRIEFCASES; hand bags; toiletry bags SOLD EMPTY; beach bags;
kit bags
International Class 025: Clothing, NAMELY, footwear and headgear; T-shirts; footwear; headgear, NAMELY, ______[list e.g., hats, caps]; jumpers; hoodies; vests; jogging bottoms; hats; baseball caps; shorts; socks; underwear; coats; leggings; basketball vests; long sleeve
T-shirts; sleeveless hoodie; Athletic clothing, NAMELY, ______[list e.g., shirts, pants]; Casual clothing, NAMELY, ______[list e.g., dresses, pants,
skirts]; Body warmers, NAMELY, LEG WARMERS; CLOTHING, NAMELY, Cowls; Denims; belts; waist belts
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.
/Shavell McPherson-Rayburn//
Shavell McPherson-Rayburn
Examining Attorney
Law Office 105
571-272-6121
Shavell.mcpherson-rayburn@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.