To: | LILLEbaby, LLC (ipdocketingsf@venable.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88197717 - PURSUIT - 137574432637 |
Sent: | 2/2/2019 8:42:52 PM |
Sent As: | ECOM117@USPTO.GOV |
Attachments: | Attachment - 1 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88197717
MARK: PURSUIT
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CORRESPONDENT ADDRESS: SUSAN E. HOLLANDER AND MARJORIE W. NORMA |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: LILLEbaby, LLC
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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: 2/2/2019
The referenced application has been reviewed by the assigned trademark examining attorney.
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, 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.
SUMMARY OF ISSUES TO BE ADRESSED
The wording in International Class 10 is accepted as written.
IDENTIFICATION OF GOODS
International Class 18
- “Child carriers worn on the body ... with frames for carrying children” in the identification of goods is indefinite and must be clarified because it is unclear whether all of the wording included describes goods that are to be worn on the body. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. If the goods are not the type worn on the body then this wording is indefinite as it could describe goods that fall in other classes such as “baby carriers that are component parts of baby strollers” in International Class 12. Similarly, the wording “accessories for child carriers worn on the body … sun protective cover” is also indefinite because the nature of the goods is unclear. Applicant must list each individual accessory by its common commercial name or describe the item and is function or purpose.
- The punctuation renders some of the identification confusing. Applicant may clarify the entire identification by adding the word “and” just before the last item in each list that comes before the semicolon.
- The wording “inserts and cushion padding,” and “travel pockets and travel pouches… worn on the body,” is unacceptable because the nature of the goods is unclear. Applicant must clarify the nature of the goods and may do so by specifying that they are “specially adapted for use with and as part of child carriers worn on the body;”
- Finally, soft-sided bags and semisoft sided bags for carrying babies with handles,” is unacceptable because the nature of the goods is unclear. Applicant must clarify the nature of the goods and may do so by specifying that they are “sling” bags that are “worn on the body.”
Applicant may substitute the following wording, if accurate:
“Baby carrier covers specially adapted for baby carriers worn on the body;
baby carriers worn on the body; pouch baby carriers; child carriers worn on the body, namely, soft-structured child carriers, front facing child carriers, backpacks for carrying children, and hip carriers for children; child carriers worn on the body, namely, wrap child carriers, sling child carriers, duo child carriers, mei-tai child carriers, and
structured carriers with frames for carrying children; accessories for child carriers worn on the body, namely, fitted protective covers, fitted rain protection covers, fitted wind protective covers,
fitted storm protective covers, and fitted sun protective covers; inserts and cushion padding specially adapted for use with child carriers; travel pockets
and travel pouches specially adapted for use with and as part of child carriers worn on the body; soft-sided sling bags and semisoft
sided sling bags with handles, that are worn on the body, for carrying babies with handles.”
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 fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods that are classified in potentially least 3 classes; however, applicant submitted a fee(s) sufficient for only 2 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.
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
PHONE CALL / EMAIL RESPONSE SUGGESTED
If applicant does not add another class, then applicant is encouraged to call or email the assigned attorney below to resolve the issues in this Office action. In the alternative, applicant may email the assigned Examiner to authorize the entry of an Examiner’s amendment if Applicant chooses to accept the suggested amendments to the identification that are noted above
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.
/Hellen M. Bryan-Johnson/
Managing Attorney
Law Office 117
571-272-9446
Hellen.Johnson2@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.