To: | Hers LA, LLC (ipdocket@thrivelaw.com) |
Subject: | U.S. Trademark Application Serial No. 88003914 - LG - N/A |
Sent: | December 02, 2019 12:27:56 PM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88003914
Mark: LG
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Correspondence Address: 2260 5TH AVENUE SOUTH, SUITE 1
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Applicant: Hers LA, LLC
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Reference/Docket No. N/A
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: December 02, 2019
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.
MARK ON SPECIMENS DIFFERS FROM MARK IN DRAWING
In this case, the specimens display variations of the mark shown in the drawing. All the specimens show a little girl but none of the specimens show the same hair as in the drawing, and the girl’s hands and arms are not in the same position as in the drawing. The marks on the specimens do not match the mark in the drawing. Applicant has thus failed to provide the required evidence of use of the mark in commerce. See TMEP §807.12(a).
Applicant may respond to this refusal by satisfying one of the following:
(1) Submit a new drawing of the mark that shows the mark on the specimen and, if appropriate, an amendment of the description and/or color claim that agrees with the new drawing. See 37 C.F.R. §2.72(b). The following amended description is suggested, if accurate: “The mark consists of _____.” Applicant may amend the mark in the drawing to match the mark on one of the specimens but may not make any other changes or amendments that would materially alter the drawing of the mark. See 37 C.F.R. §2.72(b); TMEP §807.14. Note that if the applicant submits an amended drawing, it must match at least one of the goods in Classes 16 and 25.
(2) Submit a different specimen (a verified “substitute” specimen) for each applicable international class that (a) shows the mark in the drawing in actual use in commerce for the goods and/or services in the statement of use, and (b) was in actual use in commerce prior to the expiration of the deadline for filing the statement of use.
Examples of specimens for goods include tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, and displays associated with the actual goods at their point of sale. See TMEP §§904.03 et seq. Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods. TMEP §904.03(i).
Applicant, however, may not respond by withdrawing the statement of use. See 37 C.F.R. §2.88(f); TMEP §1109.17.
For more information about drawings and instructions on how to satisfy these response options online using the Trademark Electronic Application System (TEAS) form, see the Drawing webpage.
How to respond. Click to file a response to this nonfinal Office action.
/Esther A. Belenker/
Trademark Examining Attorney
Law Office 111
(571) 272-9125
Fax: (571) 273-9125
esther.belenker@uspto.gov
RESPONSE GUIDANCE