To: | SIMPLY NATURAL LLC (sean@puracy.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87468666 - SIMPLY NATURAL - N/A - Request for Reconsideration Denied - No Appeal Filed |
Sent: | 12/28/2017 5:31:29 PM |
Sent As: | ECOM121@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87468666
MARK: SIMPLY NATURAL
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: SIMPLY NATURAL LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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REQUEST FOR RECONSIDERATION DENIED
ISSUE/MAILING DATE: 12/28/2017
The trademark examining attorney has carefully reviewed applicant’s request for reconsideration and is denying the request for the reasons stated below. See 37 C.F.R. §2.63(b)(3); TMEP §§715.03(a)(ii)(B), 715.04(a). The following refusal made final in the Office action dated November 13, 2017 are maintained and continue to be final: Specimen Refusal. See TMEP §§715.03(a)(ii)(B), 715.04(a).
In the present case, applicant’s request has not resolved all the outstanding issue, nor does it raise a new issue or provide any new or compelling evidence with regard to the outstanding issue in the final Office action. In addition, applicant’s analysis and arguments are not persuasive nor do they shed new light on the issues. Accordingly, the request is denied.
Specifically, the substitute specimens provided by applicant are still unacceptable because they do not show the identified goods with in use with the applied-for mark. Applicant specifically has applied for “Confectionaries, namely, snack foods, namely, chocolate”, which is not shown in the specimen.
If applicant has already filed a timely notice of appeal with the Trademark Trial and Appeal Board, the Board will be notified to resume the appeal. See TMEP §715.04(a).
If no appeal has been filed and time remains in the six-month response period to the final Office action, applicant has the remainder of the response period to (1) comply with and/or overcome any outstanding final requirement(s) and/or refusal(s), and/or (2) file a notice of appeal to the Board. TMEP §715.03(a)(ii)(B); see 37 C.F.R. §2.63(b)(1)-(3). The filing of a request for reconsideration does not stay or extend the time for filing an appeal. 37 C.F.R. §2.63(b)(3); see TMEP §§715.03, 715.03(a)(ii)(B), (c).
/Jason R. Nehmer/
Examining Attorney
Law Office 121
(571) 270-5303
jason.nehmer@uspto.gov