To: | Conair Corporation (julianne_bochinski@conair.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87889224 - CUISINART - 25071 US |
Sent: | 6/21/2018 6:53:15 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. 87889224
MARK: CUISINART
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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: Conair Corporation
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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: 6/21/2018
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.
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the below issue(s). 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF MARKS: The USPTO’s database of registered and pending marks has been searched and no conflicting marks were found that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
SUMMARY OF ISSUE APPLICANT MUST ADDRESS:
· ACCEPTABLE IDENTIFICATION OF GOODS REQUIRED
ACCEPTABLE IDENTIFICATION OF GOODS REQUIRED:
THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE SPECIFIED GOODS
Applicant has submitted the following identification of goods: “kitchen rugs, kitchen mats, wall boarders” in International Class 27.
The wording “kitchen rugs, kitchen mats” is acceptable as submitted.
However, the wording “wall boarders” is indefinite and must be clarified. First, the term “boarders” in the identification appears to be misspelled and is thus indefinite; the spelling must be corrected, i.e., to “borders,” or the wording further clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01(a).
Second, applicant must clarify the nature of the wall boarders/borders because they are too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend the identification to specify the common commercial or generic name of the goods. See TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product and its main purpose or intended use. See id.
Applicant may adopt either or both of the following amended identifications, if accurate:
“Kitchen rugs, kitchen mats, wallpaper borders” in Class 27.
“Kitchen rugs, kitchen mats, borders being wall decorations in the nature of wall coverings” in Class 27.
Identification Manual Available Online
For further assistance with identifying and classifying the goods, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
Identification Amendment Advisories
Please note that an applicant may amend the identification only to clarify or limit the goods, but not to broaden or expand the scope of the goods beyond those in the original application or as later acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods may not later be reinserted. See TMEP §1402.07(e).
RESPONSE GUIDELINES:
Applicant should file a response online using the Response to Examining Attorney Office Action Form available at http://www.gov.uspto.report/trademarks-application-process/filing-online/response-forms.
If applicant requires technical assistance in using the online response form, please email TEAS@uspto.gov.
ADVISORY – FAILURE TO RESPOND WILL RESULT IN PARTIAL ABANDONMENT:
If applicant does not respond to this Office action within the six-month period for response, then the following goods and/or services will be deleted from the application: “wall boarders” in International Class 27. The application will then proceed with the remaining goods of “kitchen rugs, kitchen mats” in International Class 27. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
/Kristin Carlson/
Trademark Examiner, LO 105
571-272-2240
kristin.carlson@uspto.gov
800-786-9199 (Trademark Assistance Center)
ADVISORY – PROPOSAL TO MAKE ELECTRONIC FILING MANDATORY: 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.
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.