To: | Kowa Company, Ltd. (trademarks@offitkurman.com) |
Subject: | U.S. Trademark Application Serial No. 88170275 - ESPACIO - 0540021.0006 |
Sent: | August 24, 2019 11:40:26 AM |
Sent As: | ecom107@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88170275
Mark: ESPACIO
|
|
Correspondence Address: |
|
Applicant: Kowa Company, Ltd.
|
|
Reference/Docket No. 0540021.0006
Correspondence Email Address: |
|
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 24, 2019
This Office action is in response to applicant’s communication filed on July 26, 2019. The Section 2(d) refusal of registration is withdrawn, and applicant has satisfied the translation requirement.
Parentheses in Identification of Goods Must Be Deleted
The identification of goods remains indefinite and must be clarified due to the use of parentheses. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.12. Generally, applicants should not use parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and brackets in registrations to indicate goods and/or services that have been deleted from registrations or in an affidavit of incontestability to indicate goods and/or services not claimed. See TMEP §1402.12. The only exception is that parenthetical information is permitted in identifications in an application if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity or scope of the identification, e.g., “fried tofu pieces (abura-age).” Id.
Therefore, applicant must remove the parentheses from the identification in International Classes 24, 25, 30, and 32, (except for the Japanese terms in Class 30, which are acceptable), and incorporate any parenthetical or bracketed information into the description of the goods.
Clarification of Basis Required
Applicant must clarify whether Section 1(b) is being deleted for any classes or goods/services. Office records currently set forth the following bases by class: Class 24: some goods have both §44(e) and §1(b) bases, some goods have just a §1(b) basis; Class 25: all goods have a §1(b) basis; Class 30: all goods have a §1(b) basis; Class 32: all goods have a §1(b) basis; Class 45: some goods have both §44(e) and §1(b) bases, some goods have just a §1(b) basis.
Class 32 appears incorrect at this time, as one of the submitted foreign registrations, No. 6083349 was for Class 32 and 45.
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
/Michael Engel/
Trademark Examining Attorney
Law Office 107
Michael.Engel@uspto.gov
(571) 272-9338
RESPONSE GUIDANCE