UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

OFFICE 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: 8/21/2018

 

 

 

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  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 trademark examining attorney has searched the Office’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).

 

IDENTIFICATION OF GOODS – Partial Requirement

 

The wording “..., Venetian blinds, ..., Roman shades,...; fitted sofa covers and pads, ...” in Class 20, and “..., sofa covers and pet protective covers for upholstery not of paper, protective covers for furniture application not of paper, ..., comforter cases, ..., textile fabric used in the manufacture of window covering and treatments, ..., curtain tie-backs, ..., placemats not of paper, table napkins not of paper, ..., wash mitts, ...,” in Class 24, in the identification of goods is indefinite and must be clarified because it does not identify the goods by the full common commercial name and some of the wording encompasses goods classified in more than one class.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Applicant may substitute the following wording, if accurate: 

 

International Class 20

Window shades, namely, interior window shades, interior window blinds being shades; window blinds, namely, interior window blinds; interior window coverings, namely, mini window blinds, vertical window blinds, horizontal window blinds, internal Venetian blinds, pre-printed window blinds, pleated window shades, cellular window shades, Roman shades being interior window shades, roll up and bead chain window shades, window shades made of fabric; sofa cushions; decorative pillows; toss pillows; fitted fabric sofa covers and pads, namely, pet protective covers and pet protective pads for upholstery and protective cover for furniture application; textile goods, namely, fitted fabric sofa covers and fitted pet protective covers for upholstery not of paper, fitted fabric protective covers for furniture application not of paper.

 

International Class 24

Textile goods, namely, sofa throws, unfitted fabric sofa covers and unfitted pet protective covers for upholstery not of paper, unfitted fabric protective covers for furniture application not of paper, quilts, comforters, comforter cases in the nature of (specify the goods, e.g., duvet covers), coverlets, duvets, duvet covers, bed blankets, blanket throws, bedspreads, bed linen, fitted bed sheets, top bed sheets, bed skirts, pillow cases, pillow shams, dust ruffles, curtains, draperies, fabric valances, fabric window coverings and treatments, namely, sheers, (specify type of textile, e.g., cotton, silk) fabric for use as a textile in the manufacture of window covering and treatments, curtain panels, curtain tie-backs in the nature of textile curtain holders, table linen, table cloths not of paper, textile placemats not of paper, textile table napkins not of paper, kitchen towels, bath towels, hand towels, wash cloths, fingertip towels, wash mitts being bath mitts, fabric and vinyl shower curtains, vinyl shower curtain liners, textile wall hangings.

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and/or services may not later be reinserted.  See TMEP §1402.07(e).

 

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual.  See TMEP §1402.04.

 

ADVISORY REGARDING FAILURE TO RESPOND

 

If applicant does not respond to this Office action within the six-month period for response, the following goods in International Classes 20 and 24 will be deleted from the application:  ..., Venetian blinds, ..., Roman shades,...; fitted sofa covers and pads, ...” in Class 20, and “..., sofa covers and pet protective covers for upholstery not of paper, protective covers for furniture application not of paper, ..., comforter cases, ..., textile fabric used in the manufacture of window covering and treatments, ..., curtain tie-backs, ..., placemats not of paper, table napkins not of paper, ..., wash mitts, ...,” in Class 24.  The application will then proceed with the following goods in International Classes 20 and 24 only: 

 

International Class 20

Window shades, namely, interior window shades, interior window blinds being shades; window blinds, namely, interior window blinds; interior window coverings, namely, mini window blinds, vertical window blinds, horizontal window blinds, pre-printed window blinds, pleated window shades, cellular window shades, roll up and bead chain window shades, window shades made of fabric; sofa cushions; decorative pillows; toss pillows.

 

International Class 24

Textile goods, namely, sofa throws, quilts, comforters, coverlets, duvets, duvet covers, bed blankets, blanket throws, bedspreads, bed linen, fitted bed sheets, top bed sheets, bed skirts, pillow cases, pillow shams, dust ruffles, curtains, draperies, fabric valances, fabric window coverings and treatments, namely, sheers, curtain panels, table linen, table cloths not of paper, kitchen towels, bath towels, hand towels, wash cloths, fingertip towels, fabric and vinyl shower curtains, vinyl shower curtain liners, textile wall hangings.

 

  See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).

 

TELEPHONE OR E-MAIL RESPONSE ENCOURAGED

 

Applicant is encouraged to telephone or e-mail the assigned trademark examining attorney to resolve the issues raised in this Office action by examiner’s amendment.  Although the USPTO will not accept a formal response by e-mail, an applicant may communicate informally by phone or e-mail with the trademark examining attorney to agree to a proposed amendment to the application that will immediately place the application in condition for publication for opposition, issuance of a registration, or suspension.  See 37 C.F.R. §2.62(c); TMEP §707.

 

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.  

 

 

 

/John Dwyer/

Examining Attorney

Law Office 116

571-272-9155

John.Dwyer1@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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 8/21/2018 FOR U.S. APPLICATION SERIAL NO. 88008298

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 8/21/2018 (or sooner if specified in the Office action).  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.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.