UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

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: 3/13/2019

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issues below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

Search

 

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).

The Identification of Goods is Indefinite

 

Some of the identification of goods and services is indefinite and must be clarified because it is unclear from the current wording exactly what goods are used in conjunction with the mark.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.   For example, “soaps” must be further clarified, e.g. “non-medicated soaps.” 

 

The wording “door hanger pillows” in the identification of goods is indefinite and must be clarified because it is unclear exactly what goods are used in conjunction with the mark.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to specify the common commercial or generic name of the goods.  See TMEP §1402.01.  If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses.  See id.

 

Applicant may substitute the following wording, if accurate (suggested wording appears in italicized print):

 

Cosmetics; non-medicated soaps; perfumery; essential oils; hair lotions; non-mediated toiletry preparations; cleaning preparations in Class 16.

-and-

Printed matter, namely, ______ (indicate specific goods, e.g. printed sewing patterns); photographs; stationery; adhesives for stationery or household purposes; artists' materials, namely, molds for modeling clays; paint brushes; photo albums, children's books, printed growth charts and memory boxes, namely, cardboard boxes containing cardboard cards for displaying and storing ______ (specify subject matter of memories/mementos, e.g., wedding, baby, athletic, etc.) keepsakes in Class 16.

-and-

Furniture, mirrors, picture frames; pillows, non-metal step stool, decorative vinyl hanger used by the real estate industry to hang promotional material on doors in Class 20.

-and-

Textiles and textile goods, not included in other classes, namely, ______ (indicate specific goods, e.g. a synthetic sheet with fragrance for the purpose of inserting into pillow slip and under fitted sheet to emit fragrance); bed covers and plastic table covers; blanket throws, children's blankets, towels, fabric diaper stackers, diaper changing pads not of paper and quilts in Class 24.

-and-

Children's and infant's clothing, namely, shorts, short sets, tops, bottoms, dresses, coveralls, rompers, creepers, overalls, overall sets comprised of overall and top; infant's and children's underwear, shortalls, shortall sets comprised of shortall and top; t-shirts, three-piece sets consisting of diaper shirts, tops and bottoms; coordinating sets consisting of tops and bottoms; layette sets comprised of gown and cap, top and pant, cardigan, top and pant, shortall and top, overall and top, cardigan and pant, creeper and pant, creeper and shorts or coveralls and blanket; sleepwear; jackets, zippered pullover jackets, windsuits, clothing, namely, buntings, snowsuits, raincoats, slickers, ponchos, rain jackets, rain suits, swim suits, swim cover-ups; swimwear sets consisting of swimsuit or swim trunks and cover-up; short sets consisting of shorts and tops; gift sets comprised of infants/toddler clothing and plush toys; clothing gift sets comprised of a combination of two or more of the following- shorts, tops, bottoms, dresses, coveralls, rompers, creepers, overalls, shortalls, t-shirts, shirts, sweaters and/or pants; booties; baby bibs not of paper, socks; footwear; cloth bibs in Class 25.

-and-

Games and playthings, namely, _______ (indicate specific goods, e.g. board games); gymnastic and sporting articles not included in other classes, namely, _______ (indicate specific goods, e.g. gymnastic apparatus); tinsel decoration for Christmas trees; musical toys; play mats incorporating infant toys; dolls; accessories and clothing for dolls; toy building blocks; jigsaw puzzles and stacking toys in Class 28. TMEP Section 1402.01.

 

Applicant may amend the identification to clarify or limit the goods, but not to broaden or expand the goods beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods may not later be reinserted.  See TMEP §1402.07(e).

 

This issue can be resolved by telephone or by leaving a message authorizing the changes suggested.

 

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.

 

If the applicant fails to respond to this issue, the application may proceed by examiner’s amendment only with the wording above in non-italicized print.  Specifically:

 

Cosmetics; perfumery; essential oils; hair lotions; cleaning preparations in Class 16.

-and-

Photographs; stationery; adhesives for stationery or household purposes; paint brushes; photo albums, children's books in Class 16.

-and-

Furniture, mirrors, picture frames; pillows in Class 20.

-and-

Blanket throws, children's blankets, towels, fabric diaper stackers, and quilts in Class 24.

-and-

Children's and infant's clothing, namely, shorts, short sets, tops, bottoms, dresses, coveralls, rompers, creepers, overalls, overall sets comprised of overall and top; infant's and children's underwear, shortalls, shortall sets comprised of shortall and top; t-shirts, three-piece sets consisting of diaper shirts, tops and bottoms; coordinating sets consisting of tops and bottoms; layette sets comprised of gown and cap, top and pant, cardigan, top and pant, shortall and top, overall and top, cardigan and pant, creeper and pant, creeper and shorts or coveralls and blanket; sleepwear; jackets, zippered pullover jackets, windsuits, snowsuits, raincoats, slickers, ponchos, rain jackets, rain suits, swim suits, swim cover-ups; swimwear sets consisting of swimsuit or swim trunks and cover-up; short sets consisting of shorts and tops; gift sets comprised of infants/toddler clothing and plush toys; clothing gift sets comprised of a combination of two or more of the following- shorts, tops, bottoms, dresses, coveralls, rompers, creepers, overalls, shortalls, t-shirts, shirts, sweaters and/or pants; booties; baby bibs not of paper, socks; footwear; cloth bibs in Class 25.

-and-

Musical toys; play mats incorporating infant toys; dolls; accessories and clothing for dolls; toy building blocks; jigsaw puzzles and stacking toys in Class 28. TMEP Section 1402.01.

 

 

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.  

 

If applicant has questions regarding this Office action, please call or email the assigned trademark examining attorney.  Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

 

/Jason F. Turner/

Examining Attorney

Law Office 108

(571) 272-9353

jason.turner@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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 3/13/2019 FOR U.S. APPLICATION SERIAL NO. 88227645

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 3/13/2019 (or sooner if specified in the Office action).  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.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.