Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

NOTICE THAT PROCESSING OF

REQUEST TO DIVIDE APPLICATION IS COMPLETED

No Response Required

Issue date:  January 2, 2020

The request to divide application serial no. 88123735 filed on November 15, 2019 has been processed as follows:

(1)    Parent (original) application serial no. 88123735 contains the following goods and services:

Class 9:  Eyeglass frames; eyeglasses; accessories for mobile phones, tablet computers, personal digital assistants, and portable media players, namely, covers, ear buds, neck straps and neck cords to restrain items from movement on wearers.

Class 14:  Charms for jewelry and key rings; clocks; jewelry; jewelry boxes and cases; key chains; watches; presentation boxes for watch boxes.

Class 18:  Backpacks; clutches; cosmetic cases and bags sold empty; handbags; luggage; tote bags; wallets; key cases; umbrellas.

Class 24:  Fabrics for textile use; textile fabrics for the manufacture of clothing and bags.

Class 25:  Parkas, shorts, overalls, undergarments, socks, sleepwear, belts for clothing, and swimwear.

Class 35:  Retail store services featuring perfumery, clothing, footwear and headgear, textile goods, leather and imitation leather goods, bags, eyeglass frames, eyeglasses, sunglasses, jewelry, watches and clocks; on-line retail store services featuring perfumery, textile goods, leather and imitation leather goods, eyeglass frames, eyeglasses, watches and clocks; promotional sponsorship of charity events, concerts, sporting events and art exhibitions; fashion show exhibitions for commercial purposes.

To avoid abandonment, applicant must continue to file requests for extension of time to file a statement of use (extension requests) or a statement of use within the six-month period after the issuance of the notice of allowance or before expiration of a previously granted extension period.  37 C.F.R. §§2.88(a), 2.89(a)-(b).

(2)    Child application serial no. 88976405 contains the following goods and services:

Class 9:  Sunglasses and protective cases.

Class 14:  Jewelry.

Class 18:  Purses.

Class 25:  Clothing, namely, tops, shirts, tee-shirts, coats, jackets, bottoms, pants, skirts, suits, dresses, hosiery, headwear, scarves, shawls, gloves, footwear.

Class 35:  On-line retail store services featuring clothing, footwear and headgear, bags, sunglasses, jewelry.

A statement of use filed on November 15, 2019 meets the minimum filing requirements and has been placed in the child application.  The statement of use will be routed to the examining attorney for examination and, if it does not meet all the statutory requirements, the examining attorney will notify the applicant.

37 C.F.R. §2.87; see TMEP §§1110 et seq. 

Please call the undersigned with any questions.

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.  

Direct questions about this notice to the assigned Intent-to-use staff member below.

Sykes, Jeffery

Paralegal Specialist

ITU/ Divisional Unit

(571) 272-4313 Office

(571) 273-4313 Fax

jeffery.sykes@uspto.gov