To: | Nike, Inc. (Nike.Docket@nike.com) |
Subject: | U.S. Trademark Application Serial No. 88107726 - OBJ - N/A |
Sent: | August 19, 2019 03:30:45 PM |
Sent As: | ecom123@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88107726
Mark: OBJ
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Correspondence Address:
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Applicant: Nike, Inc.
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Reference/Docket No. N/A
Correspondence Email Address: |
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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: August 19, 2019
This application was approved for publication on July 15, 2019. See 37 C.F.R. §2.80. However, approval of the application has been withdrawn to address the issue(s) below. See TMEP §706.01. The trademark examining attorney apologizes for any inconvenience this may cause applicant.
REQUIREMENT OF ACCEPTABLE IDENTIFICATION AND CLASSIFICATION
In the December 22, 2018 Office action, the examining attorney noted that applicant's identification entry of "compression sleeves for athletic use" was misclassified in International Class 25, and needed to be re-classified in International Class 10. However, in reviewing applicant's June 21, 2019 response to that Office action, the examining attorney mistakenly approved the application for publication, despite the fact that applicant had failed to re-classify "compression sleeves for athletic use," as was required.
As a result, approval of the application has been withdrawn to address this issue (i.e., the continuing misclassification of "compression sleeves for athletic use"). See TMEP §706.01.
Applicant may adopt the following identification, if accurate:
Class 10: Compression sleeves for athletic use
Class 18: Sports bags; backpacks; duffle bags; messenger bags; tote bags; gym bags; drawstring pouches; waist bags; kit bags; trunks being luggage and suitcases; umbrellas; shoulder bags; accessories of leather and imitations of leather, namely, leather bags, leather wallets, imitation leather bags, and imitation leather wallets; leather straps
Class 25: Footwear; football shoes; cleats for attachment to sports shoes; apparel, namely, jerseys, pants, shorts, t-shirts, shirts, sweatshirts, hooded sweatshirts, hoods, sweatpants, vests, tank tops, warm-up suits, jackets, anoraks, coats, underwear, belts, sports bras, socks, wrist bands, headbands, headwear, hats, caps being headwear, visors being headwear, sweatbands, sweaters, skirts, dresses, scarves, gloves; athletic uniforms; athletic tights; padded elbow compression sleeves sold as an integral component of athletic clothing, namely, jerseys or uniforms
Class 28: Sports balls; footballs; football shoulder pads; football elbow pads; football knee pads; athletic supporters; machines for physical exercise; weights for lifting; ball weights for exercise; exercise ropes, namely, weighted ropes for strength training; bags specially adapted for carrying sports equipment; gloves for football
Class 35: Retail store services and on-line retail store services featuring apparel, apparel accessories, footwear, footwear accessories, headwear, eyewear and accessories, sporting goods and equipment, bags, sports bags, sports and fitness products and accessories, near field communication (NFC) technology-enabled apparel and footwear, near field communication (NFC) tags, radio frequency identification (RFID) tags, computer application software for mobile phones and personal digital devices; advertising, business management, business administration, provided office functions, and marketing
Class 41: Providing classes in the field of sports and fitness training; entertainment services in the nature of live group fitness activities, namely, live performances of group fitness activities by trainers and athletes; entertainment services, namely, a continuing, pre-recorded audio and video program about sports and fitness training sessions accessible via web-based applications and application software; organizing sport events in the field of football; organizing, arranging, and conducting, football-related social entertainment events in the nature of contests, clinics, camps, tournaments, and exhibitions; education services, namely, providing mentoring in the field of football
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(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 fees already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 6 classes. However, applicant submitted fees sufficient for only 5 classes. 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.
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.
How to respond. Click to file a response to this nonfinal Office action
/Victor Cerda/
Examining Attorney
Trademark Law Office 123
(571) 270-1280
victor.cerda@uspto.gov
RESPONSE GUIDANCE