To: | Chambers Antonio (cpdd.stuff@yahoo.com) |
Subject: | U.S. Trademark Application Serial No. 88213101 - APB ANTONIO BIANCO PINK BOTTOMS - 88213101 |
Sent: | September 15, 2021 01:32:11 PM |
Sent As: | ecom110@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88213101
Mark: APB ANTONIO BIANCO PINK BOTTOMS
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Correspondence Address:
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Applicant: Chambers Antonio
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Reference/Docket No. 88213101
Correspondence Email Address: |
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FINAL OFFICE ACTION
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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: September 15, 2021
This Office action is in response to applicant’s communication filed on August 11, 2021.
In a previous Office action(s) dated February 12, 2021, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Sections 1 and 45, failure to show the applied-for mark in use in commerce with any of the specified goods in Classes 24 and 25.
Based on applicant’s response, the trademark examining attorney notes that the following requirement(s) have been satisfied: Class 25 substitute specimen acceptable and amended drawing acceptable. See TMEP §§713.02, 714.04.
However, the trademark examining attorney maintains and now makes FINAL the refusal(s) and/or requirement(s) in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
TRADEMARK ACT SECTIONS 1 AND 45 REFUSAL—CLASS 24
Specimen does not show use of the mark in commerce. Registration is refused because the specimen does not show the applied-for mark as actually used in commerce in International Class(es) 24. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a). An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark as actually used in commerce for each international class of goods identified in the statement of use. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
Specifically, the mark shown in connection with finished clothing and footwear products does not show the mark used in connection with “Ballistic resistant fabrics for use in the production of bulletproof and blast proof clothing, shoes and bullet proof and blast proof garments and shields; Fabric for boots and shoes; Linen lining fabric for shoes.”
Examples of specimens. Specimens for goods include a photograph of (1) the actual goods bearing the mark; (2) an actual container, packaging, tag or label for the goods bearing the mark; or (3) a point-of-sale display showing the mark directly associated with the goods. See 37 C.F.R. §2.56(b)(1), (c); TMEP §904.03(a)-(m). A webpage specimen submitted as a display associated with the goods must show the mark in association with a picture or textual description of the goods and include information necessary for ordering the goods. TMEP §904.03(i); see 37 C.F.R. §2.56(b)(1), (c). Any webpage printout or screenshot submitted as a specimen must include the webpage’s URL and the date it was accessed or printed on the specimen itself, within the TEAS form that submits the specimen, or in a verified statement under 37 C.F.R. §2.20 or 28 U.S.C. §1746 in a later-filed response. See 37 C.F.R. §2.56(c); TMEP §§904.03(i), 1301.04(a).
Response option. Applicant may respond to this refusal by submitting, for each applicable international class, a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce prior to the expiration of the deadline for filing the statement of use and (b) shows the mark in actual use in commerce for the goods identified in the statement of use. A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior to expiration of the filing deadline for filing a statement of use.” The substitute specimen cannot be accepted without this statement.
Applicant may not withdraw the statement of use. See 37 C.F.R. §2.88(f); TMEP §1109.17.
For an overview of this response option and instructions on how to submit a different specimen using the online Trademark Electronic Application System (TEAS) form, see the Specimen webpage.
How to respond. Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Caroline E. Wood/
Trademark Examining Attorney
caroline.wood@uspto.gov
Law Office 110
(571) 272-9243
RESPONSE GUIDANCE