Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 6/26/2017

 

On 6/14/17, this Application was removed from publication to address an issue with Applicant’s goods in Class 21. Based on the amendment below, this issue is believed to be considered addressed.

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Raymond Rundelli on June 26, 2017, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

IDENTIFICATION OF GOODS IN CLASS 21

The identification of goods in Class 21 is amended to read as follows: 

 

International Class 21: Soap dispensers, namely, pumps and dispensers for household use comprising a metal pump and bottle for dispensing soap and other liquids at or near sinks; dispensers with pumps for dispensing soap and other similar household or commercial liquids at or near sinks; towel bars; over cabinet towel bars in the nature of towel bars which are securable to a cabinet or which hang over the top of a cabinet; plastic suction mounted towel bars; spoon rests; metal and non-metal plastic suction mounted baskets, namely, hanging wire baskets for straddling a double sink and wire baskets securable to sinks for draining scrubbers; over the toilet tank toilet paper containers and holders for household use; toilet bowl brushes and holders; household canisters and canister sets; tumblers in the nature of drinking cups; metal tumblers in the nature of drinking cups; combination sponge caddy and soap dispenser with pump; plungers for clearing blocked drains; turntables in the nature of countertop valets having turnable tops for kitchen and household use and lazy susans; household accessories, namely, metal racks for drying dishes, squeegees, sponge trays, flatware holders in the nature of kitchen containers, metal toilet tissue roll stands, metal toilet tissue holders, metal tissue holders in the nature of tissue boxes for holding and dispensing tissue paper, metal wastebaskets, metal towel rings, household metal paper towel holders, housewares, namely, paper towel holders; napkin rings; plastic housewares, namely, beverageware coasters; household wooden paper towel holders; trivets; baskets made of plastic, waste paper baskets, plastic bath racks, plastic dish drying racks, beverageware, bottles sold empty, plastic coasters, boxes for dispensing paper towels for household use, all purpose portable household containers, soap containers, household containers for food or beverage storage; household containers for coffee packets, eggs, spices; containers for household or kitchen use; beverageware, namely cups, plastic cups, drinking vessels, garbage cans, bath accessories, namely, soap holders, sponge holders, toothbrush centers in the nature of storing and organizing toothbrushes and toothpaste, toothbrush centers in the nature of toothbrush holders, bathroom razor holders, shower caddies; household utensils, namely, drain board mats in the nature of dish drying, sink saddles in the nature of sink protection, scrubber and sponge holders, sink trays in the nature of trays for household purposes, mug storage racks, arch clips in the nature of clips for household purposes, broom holders, pails, soap cradles in the nature of holders for soap, sponge cradles in the nature of holders for sponge, scrub pad holders, dish drainers in the nature of dish drying racks, hanging baskets for straddling a double sink, and baskets securable to sinks for draining scrubbers; metal bottles sold empty; metal racks for storing dishes; metal trivets; storage racks for drinking glasses; sink protection mats, drain board mats, dish drainers; laundry hampers for domestic or household use; laundry baskets; baskets for household purposes; drying racks for laundry; laundry storage caddies for household use; containers for household use; laundry accessory organizers for household use; trays for domestic purposes; storage racks, namely, multi-peg racks for storage of mugs

 

 See TMEP §§1402.01, 1402.01(e).

 

GENERAL PROCEDURAL INFORMATION

After the trademark examining attorney issues the examiner’s amendment, applicant will not receive a registration on the Principal Register for the applied-for mark until the mark makes it through the publication process and opposition period.  The publication process starts once the trademark examining attorney issues the examiner’s amendment and the mark is approved for publication in the USPTO’s Trademark Official Gazette, a weekly online publication.  The USPTO will then send a “Notice of Publication” to the applicant specifying the date its mark will publish in this publication.

 

The USPTO publishes applicant’s mark in the Trademark Official Gazette to provide third parties who believe they may be damaged by registration of applicant’s mark an opportunity to oppose registration of that mark within thirty (30) days from the publication date.  An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on these matters.  If a third party opposes registration of applicant’s mark by instituting an opposition proceeding, the USPTO will send applicant notice of this opposition.  When this occurs, an applicant may wish to hire an attorney due to the complexity of these proceedings.

 

If no one opposes registration of the mark, and the mark was published based upon an applicant’s actual use of the mark in commerce or on a foreign registration, the USPTO generally registers the mark and issues a registration certificate within approximately twelve (12) weeks after the publication date.

 

If no one opposes registration of the mark, and the mark was published based upon an applicant’s bona fide intention to use the mark in commerce, the USPTO generally issues a “Notice of Allowance” within approximately eight (8) weeks after the publication date.  Applicant then has six (6) months from the date of the Notice of Allowance to timely file a “Statement of Use” or to file a request for a six-month “Extension of Time to file a Statement of Use” (extension request).  Extension requests are granted in six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance.  If a Statement of Use is not filed within the six months after the Notice of Allowance issued, a Statement of Use must be filed within the time period of a previously granted extension request.  The USPTO will only issue a registration certificate after the trademark examining attorney approves a Statement of Use.

 

For an overview of the time frames for when an applicant should file and the USPTO will issue documents related to a trademark application, see Trademark Application and Post-Registration Process Timelines.  Forms for Statements of Use and extension requests, and additional requirements for intent to use applications, are available online at Intent to Use (ITU) Forms.

 

/Aaron Rosenthal/

Examining Attorney

Law Office 120

Telephone: 571-272-4625

Email: Aaron.Rosenthal@USPTO.gov

 

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 Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

 

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 6/26/2017 FOR U.S. APPLICATION SERIAL NO.87319193

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.