To: | Historic Tours of America, Inc. (trademarks@gesmer.com) |
Subject: | U.S. Trademark Application Serial No. 88265796 - SEEMORE - 10540 |
Sent: | February 10, 2020 06:05:34 PM |
Sent As: | ecom125@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88265796
Mark: SEEMORE
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Correspondence Address:
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Applicant: Historic Tours of America, Inc.
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Reference/Docket No. 10540
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
This application was approved for publication on October 23, 2019. See 37 C.F.R. §2.80. However, approval of the application has been withdrawn to address the issue below. See TMEP §706.01. The trademark examining attorney apologizes for any inconvenience this may cause applicant.
IDENTIFICATION OF GOODS & SERVICES
Applicant previously amended its identification of goods and services, however further amendment is required, as detailed below.
International Class 18
International Class 20
International Class 21
The wording “coasters” in the identification of goods for International Class 21 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. For example, this wording could encompass “coasters, not of paper or textile” in Class 21 and “coasters of textile” in Class 24.
The wording “plastic squeeze bottles” in the identification of goods for International Class 21 must be clarified to specify that the goods are sold empty. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording “beverage coolers” and “portable coolers” in the identification of goods for International Class 21 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. For example, this wording could encompass “thermoelectric cooler/heater for food and beverages” in Class 11 and “non-electric portable beverage coolers” in Class 21.
The wording “coffee services” in the identification of goods for International Class 21 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. For example, this wording could encompass “coffee services in the nature of tableware” in Class 21 and “coffee and juice bar services” in Class 43.
If modifying one of the duplicate entries, applicant may amend it to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Also, generally, any deleted goods and/or services may not later be reinserted. TMEP §1402.07(e).
Applicant should note that any wording in bold or in bold italics below offers guidance and/or shows the changes being proposed for the
identification of goods/services. The curly brackets, e.g. { }, contain instructions to be followed and/or suggested wording. Brackets (or instructions) should not be a part
of the amended, final ID. If there is wording in applicant’s version of the identification of goods/services that should be removed, it will be shown with a line through it such as this:
strikethrough. Applicant should enter its amendments in standard font.
Applicant may substitute the following wording, if accurate:
Class 9: “Decorative magnets and camera cases”;
Class 14: “Metal key chain tags, key chains, decorative key fobs, key rings and key holders of precious metals; decorative leather key fobs”;
Class 16: “Printed materials, namely, calendars, non-magnetically encoded gift cards, greeting cards, post cards, cartoon prints, cartoon strips, comic books, comic strips, coloring books, picture books, children's books, coasters made of paper, souvenir programs regarding shops, historical displays and trolley, aquarium or museum tours, stickers, and bumper stickers; key chain tags of paper”;
Class 18: “Bags, namely, duffel bags, tote bags, hand bags, book bags, shoulder
bags, all-purpose athletic bags, mesh shopping bags, textile shopping bags, beach bags, carry-on bags, backpacks, baby carriers worn on the body, waist packs, fanny packs, wallets, beach umbrellas,
key cases, leather key fobs, coin purses, change purses, and satchels”;
Class 20: “Plastic key chain tags, key chain tags, and non-metal key
holders; picture frames; holiday ornaments of plastic”;
Class 21: “Glass beverageware, earthenware mugs, porcelain mugs, beer mugs, shot
glasses, non-electric portable beverage coolers, coffee cups, coasters not of paper or textile, trivets, plastic squeeze bottles sold empty, thermal insulated containers
for food or beverages, and non-electric portable coolers; Baked good tins sold empty for domestic use; Beverage glassware; Candy boxes; Coffee cups, tea cups and mugs; Coffee pots; Coffee
services in the nature of tableware; Dishes and plates; Flower vases and bowls; Glass bowls; Glass boxes; Napkin holders; Serving dishes; Serving platters; Serving trays; Servingware for
serving food; Spoon rests; Tea caddies; Tea canisters; Tea pots; Tea services; Tea sets; Trivets; plastic place mats”;
Class 24: “Towels; flannels; linen place mats; linen or textile table napkins”;
Class 25 : “Men's and ladies' and children's clothing items and footwear, namely, jackets, coats, parkas, blazers, vests, shirts, t-shirts, blouses, pants, shorts, dresses, skirts, sweaters, sweatshirts, socks, scarves, belts, ties, gloves, hats, caps, warm-up suits, sandals, and thongs”;
Class 28: “Toys and playthings, namely, action figure toys, balloons, inflatable float mattresses and pads for recreational use, flying discs, inflatable toys, model trains, and water squirting toys; Christmas tree ornaments, excluding confectionary and electric Christmas tree lights”;
Class 30: “Cookies and crackers; candy; candy bars; taffy”
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
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.
/Katie Foss/
Examining Attorney
Law Office 125
571-272-4067
katherine.foss@uspto.gov
RESPONSE GUIDANCE