To: | Spin Master Ltd. (mail@ipcounselors.com) |
Subject: | U.S. Trademark Application Serial No. 88253529 - WILD PLANET - N/A |
Sent: | October 08, 2019 06:56:45 AM |
Sent As: | ecom123@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88253529
Mark: WILD PLANET
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Correspondence Address: 60 East 42nd Street, Suite 2520
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Applicant: Spin Master Ltd.
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Reference/Docket No. N/A
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: October 08, 2019
In a previous Office action dated March 27, 2019, the trademark examining attorney issued the following requirements:
(1) IDENTIFICATION OF GOODS – AMENDMENT REQUIRED
Upon further review of the application, it has been determined that an additional refusal and requirement must issue because additional changes must be made to the identification of goods and the foreign registration is not from the applicant’s country of origin. The trademark examining attorney sincerely apologizes for any inconvenience that the subsequent requirements may cause the applicant.
Applicant must respond to the following new issues:
(1) FOREIGN REGISTRATION NOT FROM APPLICANT’S COUNTRY OF ORIGIN
(2) IDENTIFICATION OF GOODS – AMENDMENT REQUIRED
Applicant must respond to all issues raised in this Office action within six months from the date of this Office action to avoid abandonment of the application. 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §1104.10(a).
FOREIGN REGISTRATION NOT FROM APPLICANT’S COUNTRY OF ORIGIN
To obtain registration under Section 44(e), an applicant must be the owner of a valid registration from the applicant’s country of origin. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §1002.01. Under Section 44(c), “country of origin” is defined as the country in which an applicant (1) is domiciled, (2) has a bona fide and effective industrial or commercial establishment, or (3) is a national. 15 U.S.C. §1126(c); TMEP §1002.04.
Because applicant is domiciled, incorporated, or organized in a country different from the country that issued the foreign registration, applicant must establish that, as of the date of issuance of the foreign registration, the country that issued the foreign registration is also applicant’s country of origin. See 15 U.S.C. §1126(c); TMEP §1002.04.
Thus, to overcome this refusal, applicant may provide the following written statement for the record: “Applicant has had a bona fide and effective industrial or commercial establishment in {specify country in the European Union} as of the date of issuance of the foreign registration.” TMEP §1002.04. If applicant cannot assert that such country is a country of origin, applicant may delete the Section 44(e) basis and substitute Section 1(a) or 1(b), if applicant can satisfy all the requirements for the new basis. See 15 U.S.C. §§1051(a)-(b), 1126(e); 37 C.F.R. §2.35(b); TMEP §§806.03, 1002.01.
IDENTIFICATION OF GOODS AMENDMENT REQUIRED
Applicant may substitute the following wording, if accurate:
Games and playthings, namely, toy explorer sets comprised of toy magnifying glasses, toy compass and toy binocular sets comprised of {Specify goods toy binocular sets are comprised of e.g., toy binoculars}; toy listening devices, toy telescopes and microscopes, toy gloves, toy communications devices in the nature of toy phones and small wireless two-way radios, toy bug collecting kits comprised of toy butterfly net, tweezers, bug carriers for collecting insects; toy periscopes, toy flashlights, toy planetariums, toy canteens, toy battery belt, toy microphone and loudspeaker, toy walkie-talkies, toy construction sets, toy watches and toy lanterns, action figures and accessories therefor, electronic action toys, stuffed toy animals, aerodynamic disks used for playing catching games, toy musical instruments, playground balls, toy construction blocks, board games, toy science kits comprised of toy utensils, beakers, flasks, stirrers and toy microscopes; dolls and doll accessories, kites, costume masks, toy mobiles, scale model airplanes, toy thermometers, rubber action balls, observation toys in the nature of, toy telescopes, toy microscopes, toy periscopes, toy binoculars, and combination toy telescopes/microscopes; soft sculpture toys, water toys and toy barometers
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.
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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
ASSISTANCE
/Odette Martins/
Trademark Examining Attorney
Law Office 123
(571) 270-0122
odette.martins@uspto.gov
RESPONSE GUIDANCE