To: | Spyderco, Inc. (sschneider@sheridanross.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88233379 - 3086-10-5-3 |
Sent: | 3/14/2019 2:41:18 PM |
Sent As: | ECOM108@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88233379
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Spyderco, Inc.
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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: 3/14/2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue 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).
Applicant may adopt the following identification, if accurate (suggested wording appears italicized print):
Backpacks; traveling bags; weekend bags; all-purpose sport bags; sport bags; general purpose bags for carrying knives; all-purpose carrying bags; all-purpose athletic bags; bags for knives; carry-all bags; duffel bags; cross-body bags; shoulder bags; tote bags; school bags; sling bags; fabric pouches sold empty that may be used to hold _____ (indicate specific items, e.g. cutlery); fabric pouches sold empty that may be used to hold knives; pouches made out of cloth; leather pouches; wearable strap-on pouches; waist bags; bags worn around the waist, namely, fanny packs; rucksacks; knapsacks; work bags, namely, tool bags sold empty; hip bags; hunting bags; kit bags; belt bags; sportsman's hunting bags; tool bags sold empty; all-purpose carrying bags for use by sportsmen; non-adapted carrying bags used for holding, storing, protecting and organizing knives or all-purpose tools; traveling bags for use with knives; folding bags for use with knives in Class 18. 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.
Backpacks; traveling bags; weekend bags; all-purpose sport bags; sport bags; general purpose bags for carrying knives; all-purpose carrying bags; all-purpose athletic bags; bags for knives; carry-all bags; duffel bags; cross-body bags; shoulder bags; tote bags; school bags; sling bags; fabric pouches sold empty that may be used to hold knives; pouches made out of cloth; leather pouches; wearable strap-on pouches; waist bags; rucksacks; knapsacks; hip bags; hunting bags; kit bags; belt bags; sportsman's hunting bags; tool bags sold empty; all-purpose carrying bags for use by sportsmen; traveling bags for use with knives; folding bags for use with knives in Class 18.
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.