To: | ThreeSixty Brands Group LLC (Trademarks@avynolaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87929674 - SHARPER IMAGE - MSS18053USIT |
Sent: | 8/10/2018 9:25:09 PM |
Sent As: | ECOM116@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87929674
MARK: SHARPER IMAGE
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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: ThreeSixty Brands Group LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT/PRIORITY ACTION
STRICT DEADLINE TO RESPOND TO THIS LETTER
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: 8/10/2018
DATABASE SEARCH: The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
ISSUES APPLICANT MUST ADDRESS: On August 10, 2018, the trademark examining attorney and Jennifer H. Hamilton discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.
ADDITIONAL FEE REQUIRED
The application identifies goods that are classified in at least nine classes; however, applicant submitted a fees sufficient for only eight classes. In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01.
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class. Applicant’s attorney has agreed to comply with the following stated requirement: remit fee for adding International Class 003, as demonstrated in the Examiner’s Amendment below.
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by the individual identified in the Priority Action section above, the trademark examining attorney has amended the application as indicated below. Please advise the undersigned immediately of any objections. TMEP §707. Any amendments to the identification of goods may clarify or limit the goods, but may not add to or broaden the scope of the goods. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.
LEGAL ENTITY
Applicant is a Limited Liability Company organized under the laws of Delaware. See 37 C.F.R. §2.32(a)(3)(ii)-(iv); TMEP §§803.03 et seq., 803.04.
CLASSIFICATION/IDENTIFICATION OF GOODS
The identification of goods is amended to read as follows:
International Class 003:
Ultra-sonic air diffusers for fragrance sold with scented oils for use in the home
International Class 009:
Virtual reality headsets; virtual reality glasses; headsets for virtual reality games; Camera tripods; photographic cameras for the instant production of pictures; electric light dimmers; telescopes; meat thermometers; spotting scopes; coin counting or sorting machines; key finder in the nature of electronic devices for locating and tracking lost keys using radio frequency; key finder in the nature of electronic devices for locating and tracking lost keys using wireless technology
International Class 010:
Hot or cold therapy wraps
International Class 011:
Electric candles; LED candles; flameless candles; lanterns for lighting; humidifiers; air diffusers for fragrance; electric s’mores maker; non-electric pocket warmers, namely, chemically-activated heating packets for warming hands
International Class 012:
Tire inflators
International Class 015:
Drumsticks
International Class 021:
Drinking glasses; Mugs; beer mugs; shot glasses; pizza tray stands; serving trays; ice cube molds; cocktail shakers; manually actuated pump dispensers for attachment to containers for use in dispensing liquids; wine strainers; wine openers; wine aerators; wine pourers; caddies for holding wine bottles and wine glasses for household and domestic use; soapstone cubes for chilling wine; brooms; citrus squeezers; dusters; power-operated brush used to clean and exfoliate the skin; mixology tool set comprised of a measuring glass, wooden muddler, strainer, tongs, stirring spoon, and metal shaker for making mixed drinks; caddies for holding remote controls for household use
International Class 025:
Slippers; bath slippers; Clothing wraps; shoulder wraps for clothing; clothing, namely, hand-warmers; non-electric pocket warmers, namely, chemically-activated
heating packets for warming hands
International Class 028:
Remote control toys, namely, vehicles and animal figurines; toy cars; table top games; target games; arcade games; dart games; tossing games in the nature of equipment sold as a unit for playing tossing games; building games; toy building blocks; board games; puzzles; Electronic targets for games and sports; miniature toy sports games; toy candy dispensers; slot machines; cornhole game sets; cornhole bags; cornhole game boards; badminton sets; basketball table top games; desktop toy sports games; inflatable toys; arcade virtual shooting game machines; toy telescopes; toy drones; toy pianos; roller skates; toy building structures and toy vehicle tracks; toy building blocks capable of interconnection; toy model train sets; stress relief balls for hand exercise
See TMEP §§1402.01, 1402.01(e).
For this application to proceed further, applicant must explicitly address each requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options specified in this Office action for responding to a refusal, and should consider those options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.
In addition, because applicant filed a TEAS RF application, applicant must respond online using the Trademark Electronic Application System (TEAS) to avoid incurring an additional fee. See 37 C.F.R. §2.23(b)(1), (c). For more information and general tips on responding to USPTO Office actions, response options, and how to file a response online, see “Responding to Office Actions” on the USPTO’s website.
If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end and the trademark will fail to register. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a); TMEP §§718.01, 718.02. Additionally, the USPTO will not refund the application filing fee, which is a required processing fee. See 37 C.F.R. §§2.6(a)(1)(i)-(iv), 2.209(a); TMEP §405.04.
When an application has been abandoned for failure to respond to an Office action, an applicant may timely file a petition to revive the application, which, if granted, would allow the application to return to active status. See 37 C.F.R. §2.66; TMEP §1714. The petition must be filed within two months of the date of issuance of the notice of abandonment and may be filed online via TEAS with a $100 fee. See 37 C.F.R. §§2.6(a)(15)(ii), 2.66(a)(1), (b)(1).
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the requirement in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
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. 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.
/Brittany Lee-Richardson/
Trademark Examining Attorney
Law Office 116
(571) 272-9750
Brittany.Lee-Richardson@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.