To: | NX Brands Inc. (tm@mgmiller.legal) |
Subject: | U.S. Trademark Application Serial No. 88010898 - NX - 00790-TM |
Sent: | April 01, 2021 04:46:52 PM |
Sent As: | ecom122@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88010898
Mark: NX
|
|
Correspondence Address: |
|
Applicant: NX Brands Inc.
|
|
Reference/Docket No. 00790-TM
Correspondence Email Address: |
|
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: April 01, 2021
This Office action is supplemental to and supersedes the previous Office action issued on February 21, 2020, in connection with this application. Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new requirements: the amendments to the identification are beyond the scope of the original identification. See TMEP §§706, 711.02.
In a previous Office action(s) dated February 21, 2020, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Sections 1 and 45, the items or activities with which the proposed mark will be used were unlawful under the CSA and FDCA. In addition, applicant was required to satisfy the following requirement(s): amend the identification of goods, clarify multiple-class application issues, and provide additional information about the goods.
Based on applicant’s response, the trademark examining attorney notes that the following requirement(s) have been satisfied: clarification of multiple-class application issues provided and additional information about the goods provided. See TMEP §713.02.
The following refusal(s) have also been obviated: Trademark Act Sections 1 and 45, the items or activities with which the proposed mark will be used were unlawful under the CSA. See id.
The following is a SUMMARY OF ISSUES that applicant must address:
· Identification Of Goods – Amendment Required – NEW ISSUE
· FDCA Refusal – Not In Lawful Use In Commerce – Final Maintained, See office Action dated, February 21, 2020
Applicant must respond to all issues raised in this Office action and the previous February 21, 2020 Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
In this case, the application originally identified the goods and/or services as follows: “medicated massage oil.”
However, the proposed amendment identifies the following goods and/or services: “massage oil containing CBD derived from hemp with a delta-9-tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis.”
This proposed amendment is beyond the scope of the original identification because the goods are no longer medicated.
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.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/L. Dantzler/
Lauren A. Dantzler
Examining Attorney
Law Office 122
(571) 272-7348
lauren.dantzler@uspto.gov
RESPONSE GUIDANCE