To: | W-D Apparel Company, LLC (christine_hernandez@vfc.com) |
Subject: | U.S. Trademark Application Serial No. 88257932 - COMFORTZONE - WD03596/US |
Sent: | February 10, 2020 01:14:05 PM |
Sent As: | ecom102@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88257932
Mark: COMFORTZONE
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Correspondence Address: |
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Applicant: W-D Apparel Company, LLC
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Reference/Docket No. WD03596/US
Correspondence Email Address: |
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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: February 10, 2020
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.
The statement of use has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Identification Of Goods-Amendment Required
The identification of goods specifies a finished product; however, the record indicates that the mark identifies a component or ingredient of the finished product rather than the finished product itself. See TMEP §1402.05(a). The application must accurately identify the specific goods and/or services with which applicant is using or intends to use the mark; thus, applicant must clarify the goods because of this inconsistency in the record. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.05(a).
Applicant must amend the identification to “(1) precisely set forth the common name of the component or ingredient, (2) indicate that the component or ingredient is sold as a component or ingredient of another finished product, and (3) set forth the common name of the finished product of which the identified component or ingredient forms a part.” TMEP §1402.05(a). The proper international class for such component or ingredient is the international class of the finished product. Id.
Applicant may adopt the following wording, if accurate: insoles sold as a component of footwear.
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.
/DominicJFerraiuolo/
Examining Attorney, U.S.P.T.O.
Law Office 102
tel: 571-272-9156
fax: 571-273-9102
dominic.ferraiuolo@uspto.gov
How to respond. Click to file a response to this nonfinal Office action.
RESPONSE GUIDANCE