To: | Canadian Tire Corporation, Limited (dwong@btlaw.com) |
Subject: | U.S. Trademark Application Serial No. 87735643 - BANUK - 74471-273981 |
Sent: | November 05, 2020 10:20:02 AM |
Sent As: | ecom106@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 87735643
Mark: BANUK
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Correspondence Address:
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Applicant: Canadian Tire Corporation, Limited
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Reference/Docket No. 74471-273981
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: November 05, 2020
This Office action is in response to applicant’s communication filed on October 27, 2020.
In a previous Office action(s) dated February 24, 2018, the trademark examining attorney refused registration of the applied-for mark based on the following: Identification of Goods; Foreign Registration; Mark Description.
Further, the trademark examining attorney now makes the requirement(s) in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES that applicant must address:
Identification of Goods:
If applicant’s “clothing” is in International Class 25, applicant may amend the identification to insert the word “namely,” after “clothing” and then list the specific types of clothing items in that class (e.g., shirts, pants, coats, dresses).
Applicant may adopt the following identification, if accurate:
International Class 25:
Clothing, athletic clothing, casual clothing, dress clothing, fishing clothing, and outdoor winter clothing, namely, (list the common commercial name of the clothing), fishing waders, fishing vests, hunting vests, hunting jackets, hunting pants, thermal underwear, and fishing gloves; footwear, namely, athletic footwear, casual footwear, outdoor winter footwear; rubber footwear, namely, rain footwear, rubber boots and rubber shoes; fishing footwear, namely, rubber fishing boots; sports footwear; hunting boots.
For assistance regarding an acceptable listing of goods and/or services, please see the on-line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.
Recitation and Identification Amendment Advisory:
Please note that, while the identification of goods/services may be amended to clarify or limit the goods/services, adding to the goods/services or broadening the scope of the goods/services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods/services that are not within the scope of the goods/services set forth in the present identification/recitation.
Foreign Registration Basis: OPTION TO DELETE SECTION 1(b) BASIS
Unless applicant indicates otherwise, the USPTO will presume that applicant is relying on both Sections 1(b) and 44(e). Thus, although the mark may be approved for publication, it will not register until an acceptable allegation of use has been filed for the goods and/or services based on Section 1(b).
Mark Description:
The following description is suggested, if accurate:
The mark consists of the stylized wording “BANUK” and design featuring a curved square surrounding a leaf, all to the left of the word BANUK.
Color is not claimed as a feature of the mark.
Questions:
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/ LDA/
Lourdes Ayala,
Attorney at Law
Law Office 106
Telephone Number 571-272-9316
Lourdes.Ayala@uspto.gov
RESPONSE GUIDANCE