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: 1/10/2019

 

 

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.  

 

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 Results

 

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 and Classification of Goods

 

The identification of goods is unacceptable in part.  The applicant must specify the common commercial name for the goods.  Furthermore, the application identifies goods that are classified in at least nine (9) classes; however, applicant submitted a fee sufficient for only one class.  Applicant may amend the identification to the following wording, if accurate.  See changes in bold.

 

International Class 9

 

Headphones; audio speakers; earbuds; general purpose batteries; media players, namely, CD players, DVD players, MP3 players, MP4 players; portable media players, namely, CD players, DVD players, MP3 players, MP4 players; Computer peripheral equipment, namely, computer joysticks, computer keyboards, computer mice and computer mouse pads; accessories for mobile, portable and handheld mobile phones, laptops, media players, DVD players, MP3 players, and MP4 players, namely, battery chargers, headphones, audio speakers, wired and wireless earphones, microphones and hands-free communication devices, namely, wireless communication transmitter and receiver for hands free use of cellular phone; carrying cases, protective covers, and protective display screen covers specially adapted for _______ (indicate specific device, e.g., cell phones, MP3 players, etc.)[excluding gaming apparatus]; blank USB flash drives; blank memory cards; downloadable ringtones for mobile phones; downloadable interactive multimedia computer game programs; downloadable computer screensaver software; 3-D glasses; protective carrying cases specially adapted for portable media devices, namely, CD players, DVD players, MP3 players, MP4 players and mobile phones; Hourglasses; Time recording apparatus; Leather cell phone cases; Faux leather cell phone cases

 

International Class 14

 

Jewelry; jewelry findings; diamonds; gold; iridium; osmium; palladium; silver; ruthenium; rhodium; platinum; non-monetary coins; rubber or silicon wristbands in the nature of jewelry and bracelets; beads for jewelry making; gemstone and precious stones; shoe ornaments of precious metal, namely, shoe jewelry; semi-precious stones; pearls; opals; platinum and its alloys; trophies of precious metal; precious metals and their alloys; medallions; ingots, charms, chokers, and pendants, rings, finger rings; necklaces; bracelets; jewelry brooches; souvenir jewelry brooches; lapel pins; ornamental lapel pins; pins being jewelry; body-piercing rings and studs; earrings; ear studs; ear clips; clip-on earrings; tie pins; tie clips; tie bars; tie tacks; tie fasteners; bolo ties with precious metal tips; cuff-links; cuff-links and cameos; shirt studs; souvenir badges of precious metal; badges of precious metal; fashion jewelry; costume jewelry; plated articles, namely, jewelry plated with precious metals; trinkets, namely, key chains; real and imitation jewelry; jewelry chains; jewel chains; jewelry for hair; jewelry pins for use on hats; jewelry for bags; hat ornaments of precious metal, namely, hat jewelry; holiday ornaments of precious metal; decorative boxes of precious metal; decorative jewelry boxes; jewel case of precious metal; jewelry box; jewelry chest, namely, jewelry armoires; presentation boxes for jewelry; jewelry gift set comprised of _______ (specify, e.g., earrings and necklaces); jewelry boxes and cases; cases and boxes for jewelry; jewelry case; key rings of precious metals; key chains; key chains as jewelry; key holders of precious metals; horological and chronometrical instruments; chronometers; chronographs as watches; watches; real and imitation watches; sundials; watches and clocks; movements for clocks and watches; movements for timepieces; watch bracelets; watch chains; watch hands; watch glasses/watch crystals; clock and watchmaking pendulums; watch accessories, namely, watch straps; wristwatches; straps for wristwatches; pocket watches; stop watches; watch straps and bands; watch bands; watch springs; watch chains and fobs; watch gift set comprising a watch and a watch band; watch case, namely, cases adapted for holding watches; watch boxes; decorative watch boxes; cases and boxes for watches; presentation boxes for watches; presentation boxes for timepieces; cases for timepieces; clocks; real and imitation clocks; clock boxes; decorative clock boxes; master clocks; clock hands; alarm clocks; clocks incorporating radios; wall clocks; small clocks; clock cases being parts of clocks; cases for clocks being parts of clocks; timepieces; boxes for timepieces; figurines of precious metal, sculptures of precious metal, busts of precious metal, figures of precious metal, statues of precious metal, statuettes of precious metal, and bottle closures of precious metal; structural parts of watches, namely, barrels

 

International Class 16

 

Paper and cardboard products, namely, address labels, adhesive labels, adhesive note paper, adhesive notepads, stationery agendas, appointment books, art pictures, art prints, bathroom tissue, blank greeting cards, blank note cards, blank notebooks, blank labels, partially printed paper labels, book covers, bookmarkers, book-cover paper, cardboard gift tags, children's wall stickers and murals, Christmas cards, children's arts and crafts paper kits, coasters made of paper, coasters of cardboard, craft paper, day planners, decorative paper figurine centerpieces, engagement books, envelopes, facial tissue, flags and pennants of paper, graphic prints, hand towels of paper, holiday greeting cards, illustrated notepads, letter paper, memo blocks, note cards, notepads, occasion greeting cards, paper bags and sacks, paper banners, paper gift cards, paper gift tags, paper printed tags, paper writing tablets, picture books, picture postcards and printed paper signs, bookbinding material, photographs, drawing pads, drawing paper, drawing tablets, paper easel pads, sketch books and sketch pads, iron-on transfers, books, namely, a series of fiction books, comic books, and books in the field of in the field of animation, cartoons, drama, action, adventure, science-fiction, romance and suspense, children's activity books, puzzle books, brain game books, word game books, children's storybooks, children's books, address books, coloring books, comic books, poster books, graphic novels, notebooks, diaries, blank writing journals, bookmarks, magazines in the field of animation, cartoons, comics and children's entertainment, posters, calendars, scrapbook albums, sticker albums, sketchbook albums, photograph albums and lunch bags of paper; school supply kits, namely, kits containing various combinations of selected school supplies, namely, writing instruments, pens, pencils, mechanical pencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, paper clips, pencil sharpeners, writing grips and glue for stationery use, paper party supplies, namely, paper party bags, paper party decorations, paper cake decorations, paper serviettes, paper table linens, paper tissues, paper towels, party favor gift boxes sold empty, party goodie bags of paper, party ornaments of paper, paper napkins, paper placemats, paper gift wrap and paper gift wrapping ribbons, paper table cloths and paper party bags, gift bags, printed invitations, stationery, namely, adhesives for stationery and household use, chalk, chalk sticks, colored pencils, colored pens, felt marking pens, felt pens, felt tip markers, felt writing pens, felt-tip pens, highlighter pens and markers, ink pens, drawing pencils, drawing rulers, nail stencils, pencils for painting and drawing, activity kits consisting of stickers and toy rubber stamps, decals and transfers, stickers, paper staplers, staple removers, slate boards for writing, stencils, rubber stamps; writing instruments; pens, pencils, markers; crayons; modeling clay for use by children; arts and crafts paint kits; school supplies, namely, artists' materials, namely, paint brushes, art pads, art paper, artists' pencils, artists' pens, arts and craft clay kits, arts and craft paint kits; paper clips; drawing rulers; glue, namely, craft glue for stationery and household purposes; pen and pencil cases; erasers; pencil sharpeners; decorative pencil top ornaments; writing slates; adhesives for stationery and household purposes; rubber stamps; stamp pads; Artwork, namely, paintings, photographs, posters, drawings and prints, namely, art prints, colour prints, lithographic prints, hologram art prints and photographic prints; Faux leather checkbook cover; Leather checkbook cover; Checkbook holders; Passport cases; Leather passport case; Faux leather passport case

 

International Class 18

 

Bags made of leather and imitation leather; trunks being luggage; suitcases; weekend bags; luggage; items of luggage, namely, tote bags; all-purpose carrying bags; travel bags; traveling bags; traveling bags for clothing and shoes; leather traveling sets consisting of luggage, garment bags; garment bags for travel; bags for sports; beach bags for carrying wet items; messenger bag; sports bags; gym duffle bags; duffle bags; duffle bags for traveling; leather duffle bags; handbags; tote bags; drawstring bags; drawstring pouches; backpacks; beach bags; school bags, satchels; fine leather goods, namely, wallets, purses, and key cases; leather cases; music cases; leather shopping bags; wheeled shopping bags; net bags for shopping; leather straps; girths of leather; leather shoulder bags; leather thread, namely, leather cord; leather bags; leather shoe laces; leather thongs for fastening or securing items; traveling trunks; attaché cases; briefcases; briefcase made of leather; documents cases; faux leather bags; faux leather bags for travel; faux leather purses; faux leather wallets; purses; wallets; business cases; business card cases; coin purses not of precious metal, key cases; boxes of leather or imitation leather; leather traveling sets consisting of matching luggage; All purpose sports and athletic bags; book bag; carry-on bags; shoulder bag; weekend bags; fanny packs; waist packs; knapsacks; purses; hat boxes for travel not of paper or cardboard; cosmetic bags sold empty; vanity cases sold empty; cosmetic cases and bags sold empty; toiletry and vanity cases sold empty; tool bags sold empty; briefcase- type portfolios; document cases; men's clutch bags; women's clutches; unisex clutch bags; calling and credit card cases; business card cases; note cases, namely, document cases; key cases; leather key chains; banknote holders; billfolds; umbrellas; parasols; general purpose bags for holding dance equipment; imitation leather key chains; coin purses not of precious metal; boxes intended for toiletry articles, namely, vanity cases sold empty; key pouches; pouch baby carriers; pouches of leather; clutch bags; boxes of leather or imitation leather for packaging and carrying goods; travel bags; unfitted vanity cases; change purse; hat boxes of leather; textile shopping bags; shoulder bags; shoulder strap bags; straps for carrying bags; carrier bags, namely, tote bags; waist bags; leather briefcase; envelopes of leather for merchandise packaging; valises; valves of leather, namely, unworked leather; traveling sets in the nature of vanity cases sold empty for containing cosmetics and jewelry; canvas shopping bags; shoe bags for travel; animal carriers; bags for climbers in the nature of all-purpose carrying bags; all-purpose carrying bags for campers; rucksacks; haversacks; hunters game bag; school satchels; saddle; pocket wallets; bill and card holders, namely, billfolds and credit card holders; bags in the nature of luggage; shopping bag of canvas; diaper bags; baby diaper changing bags, namely, diaper bags; carpet bags, namely, traveling bags made of carpet; sling bags for carrying infants; sling bags; bundles in the nature of all-purpose carrying bags; banknote holders in the nature of wallets or leather envelopes; handbags for the evening; minaudière in the nature of small clutch purses; straps of leather, namely, all-purpose leather straps; reins; sunshade parasols; walking sticks; umbrella covers; umbrella sticks; umbrella handles; walking stick handles; walking stick seats; suitcase handles; collars for animals; leashes for animals; muzzles; whips; clothing for pets/animals; carrier bag for pets/animals, namely, animal carriers; harness fittings; bridoons; harness for animals; harness and saddlery; saddlery; animal hides; leather leashes; trimming of leather for furniture; leather sacks for packaging and leather pouches; boxes of vulcanized fiber; cases of leather or leather board; carrying cases of vulcanized fiber; animal skins; pelts; coverings of skin made of furs, namely, fur pelts; Goldbeater's Skin; Animal skin, namely, moleskin; Furs sold in bulk; Faux fur; Synthetic Fur; Fur-Skins, namely, animal skins; Furs sold in bulk; label holders for luggage; luggage tags; luggage tags with leather strap

 

International Class 21

 

Powder compacts of precious metal sold empty

 

International Class 25

 

Clothing namely, shirts, T-shirts, blouses, tank tops, skirts, trousers, jeans, pants, shorts, skorts, overalls, jumpers, rompers, dresses, sweaters, jackets, blazers, coats, ponchos, scarves, stoles, shawls, socks, tights, leotards, stockings, leggings, leg warmers, slipper socks, ties, aprons, undershirts, underpants, underwear, snow suits, snow pants, ear muffs, mittens, gloves, sweatshirts, sweatpants, jogging suits, masquerade costume masks; Clothing, namely, Tube/Bandeau dresses, Sheath dresses, Blouson dresses, Tunic dresses, Pencil dresses, Asymmetric dresses, Trench dresses, Bandage dresses, High-Low dresses, Empire Waist dresses, Bodycon dresses, Skater dresses, Maxi/Long dresses, Midi dresses, Mini dresses, Kaftan dresses, Shirt dresses, Off Shoulder dresses, Sweater dresses, Tie Detail dresses, Peplum dresses, Party dresses, Backless dresses, Fringe Detail dresses, Pop over dresses, Baby Doll dresses, Aline dresses, Layered dresses, Lace-Up Detail dresses, Denim dresses, Dungaree/Pinafore dresses, Cape dresses, Fit and Flare dresses, Shift dresses, Slit dresses, Spaghetti dresses, T-shirt dresses, Tulle dresses, Tuxedo dresses, Tweed dresses, Wrap dresses; Clothing, namely, A-line skirts, Fitted skirts, Dirndl skirts, Tiered skirts, Sarong drape skirts, Layered skirts, Circle skirts, Gored skirts, Trumpet skirts, Wrap skirts, Divided skirts, Pleated skirts, Asymmetrical Hem skirts, Bubble skirts, Yoke skirts, Tulip skirts; Casual clothing, namely, _______ (specify the common commercial name for the goods, e.g., sweatshirts); Dress clothing, namely, _______ (specify the common commercial name for the goods, e.g., cocktail dresses); Sports clothing, namely, _______(specify the common commercial name for the goods, e.g., jerseys); Athletic clothing, namely, _______ (specify the common commercial name for the goods, e.g., sweatpants); Head-wear, namely, hats, caps, trucker caps, wide-brimmed hats, pom-pom knit caps, knit beanies, mesh back snapback caps, bandanas, trapper hats, toques; Sleepwear; Loungewear; Swimwear; Rainwear; Halloween costumes; hosiery; belts; scarves; footwear, namely, shoes, boots, pumps, dress shoes, slippers, sandals

 

International Class 26

 

buckles; buckles made of precious metal, including, buckles for belts, buckles for clothing, buckles for scarves, buckles for hats, buckles for jewelry, buckles for shoes, buckles for bags, buckles for boxes, buckles for trunks, buckles for cases, buckles for purses, buckles for wallets, buckles for umbrellas, buckles for canes, buckles for clocks; ornamental novelty badges;

 

International Class 28

 

Masquerade costume masks

 

International Class 34

 

Ashtrays for smokers made of precious metal

 

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.

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

Requirements for a Multiple-Class Application

 

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(1)       List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)       Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule).  The application identifies goods and/or services that are classified in at least nine classes; however, applicant submitted a fee(s) sufficient for only one class(es).  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

Assistance

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

 

 

 

 

 

 

 

/Cimmerian Coleman/

Trademark Examining Attorney

Law Office 102

571-272-9146

cimmerian.coleman@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 1/10/2019 FOR U.S. APPLICATION SERIAL NO. 88101402

 

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 1/10/2019 (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.