To: | BODYFRIEND Co., Ltd. (docket@nkllaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88018841 - M% - TL4271082 |
Sent: | 3/21/2019 7:04:53 AM |
Sent As: | ECOM102@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88018841
MARK: M%
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: BODYFRIEND Co., Ltd.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 3/21/2019
PARTIAL ABANDONMENT – APPLICATION HAS BEEN AMENDED
The above-referenced application is partially abandoned because applicant failed to file a response to the Office action dated August 23, 2018. See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a). To avoid partial abandonment, a response was due within six months from the date on which the USPTO sent the previous Office action; however, no response was received within this time period. See TMEP §711.
The outstanding Office action included requirements that applied to only a portion of the application; therefore, only that portion of the application is abandoned. See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)(1); TMEP §718.02(a).
The portion of the identification that was the subject of the requirements, namely, “electronic muscle stimulators for household purposes,” will be deleted from the application. The application will proceed with the following identification:
“Medical devices, namely, generators that emit signals used to induce brainwave, which has the effect of improving mental strength, inducing sleep, treating insomnia, relieving stress and tension, used for medical purposes; Massage apparatus; Medical instruments and apparatus, namely, electromedical and electrotherapy apparatus and instruments for use in relaxing the body and improving blood circulation; Electronic apparatus for the therapeutic stimulation of the body for medical and therapeutic purposes; massage chairs; massage chairs for medical purposes; sleep aid devices, namely, machines and apparatus for inducing sleep,” in International Class 12.
“Clothing, namely, shirts, training suits, body suits, t-shirts, yoga shirts, polo shirts, sweatshirts, jackets, pants, yoga pants, capris, sports bras, underwear, shorts, skorts, swim wear, skirts, dresses, warm up outfits, wristbands as clothing, headbands, gloves, visors being headwear, caps being headwear, hats, socks, footwear and flip flops,” in International Class 25.
If applicant’s failure to respond was unintentional, applicant may file a petition to the Director to revive the portion of the application that abandoned. 37 C.F.R. §2.66(a); TMEP §§718.02(a), 1714.01(d). The petition must be filed within two months of the date of issuance of this letter and may be filed online via the Trademark Electronic Application System (TEAS) with a $100 fee. See 37 C.F.R. §§2.6(a)(15)(ii), 2.66(a)(1); TMEP §§718.02(a), 1714.01(a), (d). Once the petition is filed, please notify the Petitions Office at 571-272-8950 that a request to revive a partially-abandoned application was filed, indicating the application serial number.
/John M. Gartner/
Trademark Examining Attorney
Law Office 102
(571) 272-9255
john.gartner@uspto.gov (informal correspondence)
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 Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.