To: | Encomium Inc. (tm@trademarkangel.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88140878 - BULLFROG - N/A |
Sent: | 1/15/2019 1:56:44 PM |
Sent As: | ECOM113@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88140878
MARK: BULLFROG
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Encomium Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 1/15/2019
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 OF OFFICE’S DATABASE OF MARKS
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).
However, please note the following issues:
The goods are currently described as:
Stretch bands used for yoga and physical fitness purposes; Yoga gloves; Archery targets; Exercise and gymnastic banners; Exercise equipment in the nature of straps that are affixed to doors, cable machines, exercise equipment for performance of weight resistance exercises; Sporting goods and equipment for speed training, namely, rings, cones, speed ladders, coaching sticks, training arches, ankle bands, resistance chutes, hurdles; Sports equipment for boxing and martial arts, namely, boxing gloves, mixed martial arts gloves, punching mitts, and shin guards; exercise platforms; exercise weights; foam exercise rollers; sporting goods and equipment for speed training, namely, cones, speed ladders, resistance chutes, hurdles; work-out gloves; yoga blocks; Batting gloves; Boxing gloves; Shin guards for athletic use; Wrist guards for athletic use; Abdomen protectors for athletic use; Arm guards for athletic use; Athletic sporting goods, namely, athletic wrist and joint supports; Baseball gloves; Batting gloves; Boxing gloves; Chest protectors for sports; Football gloves; Goalkeepers' gloves; Palm protectors for athletic use; Shin guards for athletic use; Skipping ropes; Softball gloves; Waist protectors for athletic use; Wrist guards for athletic use; Golf equipment; Tennis equipment; Badminton equipment; Pickle ball equipment in Class 28
The wording “Golf equipment; Tennis equipment; Badminton equipment; Pickle ball equipment” in the identification of goods is indefinite and must be clarified because the word “equipment” is ambiguous and can include a variety of different goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend the identification to specify the common commercial name of each piece of equipment.
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 may substitute the following wording, if accurate:
Golf equipment namely golf scopes in Class 09
Stretch bands used for yoga and physical fitness purposes; Yoga gloves; Archery targets; Exercise and gymnastic banners; Exercise equipment in the nature of straps that are affixed to doors, cable machines, exercise equipment for performance of weight resistance exercises; Sporting goods and equipment for speed training, namely, rings, cones, speed ladders, coaching sticks, training arches, ankle bands, resistance chutes, hurdles; Sports equipment for boxing and martial arts, namely, boxing gloves, mixed martial arts gloves, punching mitts, and shin guards; exercise platforms; exercise weights; foam exercise rollers; sporting goods and equipment for speed training, namely, cones, speed ladders, resistance chutes, hurdles; work-out gloves; yoga blocks; Batting gloves; Boxing gloves; Shin guards for athletic use; Wrist guards for athletic use; Abdomen protectors for athletic use; Arm guards for athletic use; Athletic sporting goods, namely, athletic wrist and joint supports; Baseball gloves; Batting gloves; Boxing gloves; Chest protectors for sports; Football gloves; Goalkeepers' gloves; Palm protectors for athletic use; Shin guards for athletic use; Skipping ropes; Softball gloves; Waist protectors for athletic use; Wrist guards for athletic use; Golf equipment in the nature of gold clubs; Tennis equipment in the nature of tennis rackets; Badminton equipment in the nature of badminton rackets; Pickle ball equipment in the nature of balls for games in Class 28
MULTI CLASS ADVISORY
(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 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class. 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.
Ahsen Khan
United States Patent & Trademark Office
Law Office 113
ahsen.khan@uspto.gov
571 272 4343
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.