Offc Action Outgoing

SEEMORE

Historic Tours of America, Inc.

U.S. Trademark Application Serial No. 88265796 - SEEMORE - 10540

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

 

 

 

 

Correspondence Address: 

MATTHEW CONNORS

GESMER UPDEGROVE, LLP

40 BROAD ST

BOSTON, MA 02109

 

 

 

Applicant:  Historic Tours of America, Inc.

 

 

 

Reference/Docket No. 10540

 

Correspondence Email Address: 

 trademarks@gesmer.com

 

 

 

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  However, approval of the application has been withdrawn to address the issue below.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.

 

SUMMARY OF ISSUES:

  • IDENTIFICATION OF GOODS & SERVICES

 

IDENTIFICATION OF GOODS & SERVICES

 

Applicant previously amended its identification of goods and services, however further amendment is required, as detailed below.

 

International Class 18

 

Applicant has classified “leather key fobs” in International Class 18; however, the proper classification is International Class 14. Therefore, applicant may respond by (1) reclassifying these goods in the proper international class, (2) deleting “leather key fobs” from the application, or (3) deleting the remainder of the items in the identification and reclassifying the specified goods in the proper international class.  See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq.  If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in this Office action.

 

International Class 20

 

The wording “key chain tags” in the identification of goods for International Class 20 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 “key chain tags of paper” in Class 16 and “plastic key chain tags” in 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.

 

Applicant is advised to delete or modify the duplicate entry in the identification of goods and/or services in International Class 21 for “trivets.”  See generally TMEP §§1402.01, 1402.01(a).  If applicant does not respond to this issue, be advised that the USPTO will remove duplicate entries from the identification prior to registration.

 

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”

 

Applicant may amend the identification to clarify or limit the goods/services, but not to broaden or expand the goods/services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods/services may not later be reinserted.  See TMEP §1402.07(e).

 

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

 

Applicant is encouraged to call or email the assigned trademark examining attorney below to resolve the issues in this Office action.  Although the USPTO will not accept an email as a response to an Office action, an applicant can communicate by phone or email to agree to a proposed amendment to the application that will immediately place the application in condition for publication, registration, or suspension.  See 37 C.F.R. §2.62(c); TMEP §707.

 

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

  • Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

 

 

U.S. Trademark Application Serial No. 88265796 - SEEMORE - 10540

To: Historic Tours of America, Inc. (trademarks@gesmer.com)
Subject: U.S. Trademark Application Serial No. 88265796 - SEEMORE - 10540
Sent: February 10, 2020 06:05:35 PM
Sent As: ecom125@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on February 10, 2020 for

U.S. Trademark Application Serial No. 88265796

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

Katie Foss

/Katie Foss/

Examining Attorney

Law Office 125

571-272-4067

katherine.foss@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from February 10, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”

 

 

 


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