To: | LIBERTY PROCUREMENT CO. INC. (trademarkadmin@lernerdavid.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88265678 - A K S - BBB-1153 |
Sent: | 3/29/2019 7:51:39 PM |
Sent As: | ECOM122@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88265678
MARK: A K S
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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: LIBERTY PROCUREMENT CO. 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: 3/29/2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF MARKS
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).
SUMMARY OF THE ISSUES:
- Identification of the Goods – Clarification Required
- Multiple-Class Application Requirements
IDENTIFICATION OF THE GOODS – CLARIFICATION REQUIRED
Applicant’s current identification of the goods is not acceptable and requires clarification.
International Class 008
The identification of goods in this class is acceptable.
International Class 009
The identification of goods in this class is acceptable.
International Class 021
The wording “COASTERS, NOT OF PAPER AND OTHER THAN TABLE LINEN” must be clarified because it does not make clear the nature of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend this wording to specify the common commercial or generic name of the goods. See TMEP §1402.01. If the goods have no common commercial or generic name, Applicant must describe the product, its main purpose, and its intended uses. See id.
The remainder of the identification of goods in this class is acceptable.
International Class 024
The wording “TABLE LINEN, NAMELY, COASTERS, NAPKINS, PLACE MATS” must be clarified because it is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass “table linen, namely, paper coasters, paper napkins, paper place mats” in International Class 016 or “table linen, namely, textile coasters, textile table napkins, textile place mats” in International Class 024. Thus, Applicant must clarify the nature of the goods and ensure their proper classification. Please note that should Applicant consider adding classes to the application, Applicant must comply with the multiple-class application requirements set out below.
The remainder of the identification of goods in this class is acceptable.
International Class 025
The identification of goods in this class is acceptable.
Suggested Identification
Applicant may substitute the following wording, if accurate:
Class 008: No change
Class 009: No change
Class 021: HOUSEHOLD UTENSILS, NAMELY, SPATULAS; COOKING GRATERS; PANS; MUFFIN TINS; BAKEWARE; PIZZA STONES; CUTTING BOARDS; KITCHEN UTENSIL CROCKS; SPOON RESTS; MIXING BOWLS; COLANDERS; COOKING STRAINERS; COUNTERTOP HOLDERS FOR PAPER TOWELS; NAPKIN HOLDERS; COASTERS, NOT OF PAPER AND OTHER THAN TEXTILE TABLE LINEN; TRIVETS; SALAD BOWLS; HOUSEHOLD CONTAINERS FOR FOODS; CANISTER SETS; POTS; SERVING PLATTERS AND BOWLS; DINNERWARE, NAMELY, PLATES, BOWLS, CUPS AND SAUCERS; MUGS
Class 024: TABLE CLOTHS NOT OF PAPER; TABLE LINEN, NAMELY, TEXTILE COASTERS, TEXTILE TABLE NAPKINS, TEXTILE PLACE MATS; DISH CLOTHS
Class 025: No change
Amendment Guidelines
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fees already paid (view the USPTO’s current fee schedule). The application identifies goods that are classified in at least six classes; however, Applicant submitted a fee(s) sufficient for only five classes. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
ASSISTANCE
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.
/Xheneta Ademi/
Examining Attorney
Law Office 122
(571) 272-7151
xheneta.ademi@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.