To: | Guardian Athletic LLC (cspencer@ritterspencer.com) |
Subject: | U.S. Trademark Application Serial No. 88245193 - HUMDINGER - N/A |
Sent: | December 14, 2020 06:44:14 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. 88245193
Mark: HUMDINGER
|
|
Correspondence Address: 15455 Dallas Parkway, Suite 600
|
|
Applicant: Guardian Athletic LLC
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
NONFINAL 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). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: December 14, 2020
This Office action is in response to applicant’s communication filed on November 19, 2020.
In a previous Office action(s) dated November 13, 2020, the applicant was required to satisfy the following requirement(s): identification amendment requirement.
Based on applicant’s response, the trademark examining attorney notes that the following requirement(s) have been satisfied: identification amendment requirement. See TMEP §§713.02, 714.04.
However, upon further review, the following new refusals are warranted: specimen refusal Class 003.
SUMMARY OF ISSUES that applicant must address:
I. SPECIMEN REFUSAL – Class 003 Only
Specifically, applicant has submitted a picture of a “tincture,” which is a Class 005 good. Further, upon closer inspection of the image, the side wording notes that “the statement has not been evaluated by the Food and Drug Administration,” which suggests that this product is for ingestion and thus is not a topical Class 003 essential oil.
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 options. Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for the goods identified in the application or amendment to allege 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 at least as early as the filing date of the application or prior to the filing of the amendment to allege use.” The substitute specimen cannot be accepted without this statement.
(2) Amend the filing basis to intent to use under Section 1(b) (which includes withdrawing an amendment to allege use, if one was filed), as no specimen is required before publication. This option will later necessitate additional fee(s) and filing requirements, including a specimen.
For an overview of the response options referenced above and instructions on how to satisfy these options using the online Trademark Electronic Application System (TEAS) form, see the Specimen webpage.
II. PARTIAL ABANDONMENT – ADVISORY
If applicant does not respond to this Office action within the six-month period for response, International Class(es) 003 will be deleted from the application. The application will then proceed with International Class(es) 031 only. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
How to respond. Click to file a response to this nonfinal Office action.
/Elle Marino/
Trademark Examining Attorney
Law Office 121
Phone: (571) 270-3699
E-mail: elle.marino@uspto.gov
RESPONSE GUIDANCE