To: | Innovative Design & Sourcing LLC (ipgny@sh-law.com) |
Subject: | U.S. Trademark Application Serial No. 88210769 - PETSCENT CLIPS - 13379.7500 |
Sent: | September 14, 2019 06:40:14 PM |
Sent As: | ecom106@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88210769
Mark: PETSCENT CLIPS
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Correspondence Address:
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Applicant: Innovative Design & Sourcing LLC
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Reference/Docket No. 13379.7500
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: September 14, 2019
This Office action is in response to applicant’s communication filed on August 16, 2019.
Registration of the applied-for mark was refused because of a likelihood of confusion with the mark in U.S. Registration No. 2107165. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. The cited registration has cancelled, and no longer serves as a bar to this application.
Registration was refused because the applied-for mark merely describes purpose and manner of use of the applicant’s goods. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq. Upon careful consideration, the refusal is withdrawn.
The applicant has provided the required disclaimer
Identification of Goods
Having reviewed the applicant’s response, the identification of goods was subsequently reviewed by the ID Class section of the Office for guidance regarding the identification and appropriate classification, and was found to be lacking in the specificity now required for diffusers. The wording “scent diffusers” in the identification of goods is indefinite and must be clarified because the diffusers are for aromatherapy oils in this case, and must be characterized as electric or non-electric. See TMEP §1402.01. The applicant may adopt the following identification, if accurate:
Non-electric aromatherapy diffusers used to emit scented molecules from oils, sold without the scented oils, and for attachment to dog collars, in IC 011.
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.
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.
NEW REQUIREMENTS FOR ATTORNEYS
Attorney bar information required. Applicant’s attorney must provide the following bar information: (1) his or her bar membership number, if the bar provides one; (2) the name of the U.S. state, commonwealth, or territory of his or her bar membership; and (3) the year of his or her admission to the bar. 37 C.F.R. §2.17(b)(3). This information is required for all U.S.-licensed attorneys who are representing trademark applicants at the USPTO. Id. If the attorney’s bar does not issue bar membership numbers, applicant must state this for the record. See id.
To provide bar information. Applicant’s attorney should respond to this Office action by using the appropriate TEAS response form and provide his or her bar information in the “Attorney Information” page of the form, within the bar information section. See 37 C.F.R. §2.17(b)(1)(ii). Bar information provided in any other area of the form will be viewable by the public in USPTO records.
Attorney statement required. Applicant’s attorney must provide the following statement: “I am an attorney who is an active member in good standing of the bar of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).” See 37 C.F.R. §2.17(b)(3). This is required for all U.S.-licensed attorneys who are representing trademark applicants at the USPTO. Id.
How to respond. Click to file a response to this nonfinal Office action
/Linda A. Powell/
Linda Powell
Trademark Examining Attorney
Law Office 106
571-272-9327
linda.powelll@uspto.gov
RESPONSE GUIDANCE