To: | Coomber, Curt (pto@yourtrademarkattorney.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87829965 - AQUAQUEST - C203 001TM |
Sent: | 6/23/2018 2:10:02 PM |
Sent As: | ECOM112@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87829965
MARK: AQUAQUEST
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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: Coomber, Curt
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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. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 6/23/2018
The assigned trademark examining attorney has reviewed the application to include, if applicable, any preliminary amendments that applicant may have filed. Based on the review of the file, applicant must respond timely and completely to the following below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.
Search Results
The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Applicant must however respond to the following requirement(s) before the mark can be approved for publication.
Identification
Portions of the wording in the identification of goods and/or services are indefinite and/or misclassified and must be clarified and classified a specifically noted below. See TMEP §§1402.01, 1402.03.
Applicant current identification reads as follows:
IC 18: Backpacks; Covers for backpacks; Duffel bags; Sports bags; Dry bags; Waist packs; Waist pouches; Travel bags; Wearable strap-on pouches; Map cases; Computer bags; Cases and pouches for cell phones, computers, portable media players, tablet computers, and e-readers; Insulated bags for food or beverage for domestic use; Thermal insulated bags for food or beverages; Non-electric portable coolers; Tarpaulins; Tents; Metal pegs; Non-metal and non-leather straps; Online retail store services featuring bags, backpacks, cases, pouches, and equipment for camping, hiking, fishing, and other outdoor activities
Applicant may adopt the following if accurate:
IC 6: Metal pegs
IC 9: Computer bags; Cases and pouches for cell phones, computers, portable media players, tablet computers, and e-readers being electronic card readers
IC 18: Backpacks; Covers for backpacks; Duffel bags; Sports bags; Dry bags; Waist packs; Waist pouches; Travel bags; Wearable strap-on pouches; Non-metal and non-leather straps being _______ <specify purpose of the straps, e.g., harness straps, backpack straps, straps for carrying cases>
IC 20: Map cases in the nature of ______ <specify nature of the cases, e.g., display cases>
IC 21: Insulated bags for food or beverage for domestic use; Thermal insulated bags for food or beverages; Non-electric portable coolers
IC 22: Tarpaulins; Tents
IC 35: Online retail store services featuring bags, backpacks, cases, pouches, and equipment for camping, hiking, fishing, and other outdoor activities
Please note that the bolded items in examiner’s suggested amendment are meant to merely assist applicant in denoting where the examiner has included new language for applicant’s amendment to the identification.
For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.
Please note that, while the identification of goods and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.
Insufficient Fee
The application identifies goods and/or services that are classified in at least 7 classes; however, the fees submitted are sufficient for only 1 class(es). In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1403.01.
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fee(s) already paid, or (2) submit the fees for the additional class(es).
If applicant prosecutes this application as a combined, or multiple-class application, applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b)
(1) Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order; and
(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov).
37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.
Advisory – Rule Change
The USPTO proposes to change federal trademark rules to require applicants and registrants to (1) file submissions concerning applications and registrations online using the USPTO’s Trademark Electronic Application System (TEAS) and (2) provide and maintain an accurate email address for receiving correspondence from the USPTO. See the Mandatory Electronic Filing Rules webpage for more information.
Response Guidelines
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 $125 per 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.
/Jaclyn Kidwell Walker/
Trademark Examining Attorney
Law Office 112
571-272-8196
jaclyn.kidwellwalker@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.