Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

NOTICE OF DIVISIONAL REQUEST COMPLETED

ISSUE/MAILING DATE: 4/27/2018

U.S. Serial Number  87340313

The request to divide application serial no. 87340313 filed on April 17, 2018, has been processed as follows:

(1)   Parent (original) application serial no. 87340313 contains the following goods:  

Dish care, namely, dish detergent and dishwasher liquid detergent; laundry detergent; laundry care additives for water softening; light duty cleaning liquids, namely, window cleaner, kitchen counter surface cleaner, bleach containing surface cleaner for household use; flooring cleaner; air care, namely, air fragrancing preparations in the nature of gel beads and gel cones, air fragrancing spray preparations, reed diffusers comprised of scented oils and also including reeds and a diffuser container, essential oils, and room fragrancing preparations sold in wall plug-in apparatus class(es): 3.

Stomach aids, namely, antacids; eye care, namely, eye drops, contact lens solutions, medicated eye ointments; medicated foot care preparations, namely, foot powders, lotions, and ointments; smoking cessation aids, namely, smoking cessation preparations; cough drops; denture aids, namely, denture adhesives; first aid, namely, adhesive bandages, gauze, medical adhesive tape, medicinal alcohol, medicinal hydrogen peroxide, antibacterial ointments and sprays class(es): 5.

Mops and brooms class(es): 21.

Shortening; cooking oil; canned soup; canned vegetables; canned cooked meat; dried fruit-based snacks; prepared nuts; dried beans; peanut butter; jellies for food; boxed sides comprised of cooked vegetables; prepared boxed entrees consisting primarily of meat, fish, poultry or vegetables; potato chips class(es): 29.

Candy; breakfast cereal bars; breakfast cereal; cookies; crackers; popcorn; salty snacks, namely, pretzels; salad dressing; rice; pasta sauce; pasta; boxed meals consisting primarily of pasta or rice; food condiment consisting of ketchup and salsa; mixes for making baking batters; flour; baking ingredients, namely, baking powders, baking spices, and confectionery chips; coffee; hot chocolate class(es): 30.

Soda pops; carbonated non-alcoholic drinks; non-carbonated drinks, namely, tea and lemonade; bottled water; fruit juice; vegetable juice class(es): 32.

To avoid abandonment, applicant must continue to file requests for extension of time to file a statement of use (extension requests) or a statement of use within the six-month period after the issuance of the notice of allowance or before expiration of a previously granted extension period.  37 C.F.R. §§2.88(a), 2.89(a)-(b).

(2)   Child application serial no. 87977467 contains the following goods:

 Incontinence bed pads class(es):  10.

Insoles class(es): 25.

 A statement of use filed on April 17, 2018, meets the minimum filing requirements and has been placed in the child application.  The statement of use will be routed to the examining attorney for examination and, if it does not meet all the statutory requirements, the examining attorney will notify the applicant.

37 C.F.R. §2.87; see TMEP §§1110 et seq. 

Please call the undersigned with any questions.

/Concetta A. Butler/

Paralegal Specialist

ITU/Divisional Unit

571 272 9494

571 273 9494 (fax)

NO RESPONSE TO THIS NOTICE IS REQUIRED.

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 Trademark Status and Document Retrieval (TSDR) at http://tsdr.gov.uspto.report/. Please keep a copy of the complete status screen.  If TSDR shows no change for more than six months, 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.

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.  

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED ITU STAFF MEMBER IDENTIFIED ABOVE.