To: | Yogurtland Franchising, Inc. (pto@crockett-crockett.com) |
Subject: | U.S. Trademark Application Serial No. 88243022 - YOGURTLAND - 544.29 |
Sent: | August 06, 2019 06:05:06 PM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88243022
Mark: YOGURTLAND
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Correspondence Address: |
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Applicant: Yogurtland Franchising, Inc.
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Reference/Docket No. 544.29
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: August 06, 2019
INTRODUCTION
This Office action is in response to applicant’s communication filed on July 31, 2019.
In a previous Office action(s) dated March 20, 2019, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Sections 1, 2, and 45 based on applicant's goods not being “goods in trade.” In addition, applicant was required to satisfy the following requirement: amend the identification of goods.
Based on applicant’s response, the trademark examining attorney notes that the following requirement has been satisfied: definite amended identification provided. See TMEP §§713.02, 714.04.
The trademark examining attorney now maintains and continues the following refusal: Trademark Act Sections 1, 2, and 45 based on applicant's goods not being “goods in trade.”
Upon further review of the application, the examining attorney has determined that the following requirement for registration must issue. Apologies are extended to the applicant for any inconvenience this may cause.
SUMMARY OF ISSUES:
SECTIONS 1, 2, AND 45 REFUSAL—APPLICANT'S GOODS NOT “GOODS IN TRADE”
Applicant filed a response on July 31, 2019 in response to the refusal issued under Trademark Act Sections 1, 2, and 45 in the first Office action. The trademark examining attorney has carefully considered applicant’s arguments; however, the arguments are not found to be persuasive.
Therefore, the refusal is maintained and continued.
ADDITIONAL ATTORNEY INFORMATION REQUIRED
Under amended Rules 2.22(a)(21) and 2.32(a)(4), a U.S. attorney must provide his or her bar information as a requirement for a TEAS Plus application or a complete trademark application. 37 C.F.R. §§2.22(a)(21), 2.32(a)(4). Moreover, amended Rule 2.17(b)(3) makes the requirement for bar information applicable to recognized attorneys in all trademark filings. 37 C.F.R. §2.17(b)(3).
RESPONSE GUIDELINES
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.
How to respond. Click to file a response to this nonfinal Office action
/Justine N. Burke/
Justine N. Burke
Trademark Examining Attorney
Law Office 121
571-270-1631
Justine.Burke@uspto.gov
RESPONSE GUIDANCE