Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

IMPORTANT NOTICE:  APPLICATION IS ABANDONED

Applicant’s Response Is Incomplete

Issue date:  July 02, 2020

The application is abandoned because applicant’s response to the final Office action dated October 21, 2019 is not complete for the reason(s) stated below.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a); TMEP §§718.02, 718.03. 

In this case, applicant did not (1) raise a new issue, (2) resolve all outstanding issue(s) in the final Office action, (3) provide any new or compelling evidence with regard to the outstanding issue(s), or (4) present analysis and arguments that were persuasive or shed new light on the outstanding issue(s).  Additionally, applicant did not timely file a notice of appeal and no time remains in the response period. 

Applicant’s attorney makes an unconvincing argument in its request for reconsideration that the mark is not merely descriptive because the hand, not the treats or prizes inside the bag, surprises those reaching into the bag.  Applicant contends that “the kids know there will be candy in the bag and they aren’t drawing that out unseen.  The surprise is the monster hand popping out of the bag as the kids try to get the candy out of the bag.”  The surprise element does not, however, change the nature of the “Cloth bags for storage; Halloween goodie bags made of cloth; cloth Halloween goodie bags; Halloween candy bags in the nature of cloth bags for storing candy” listed in the identification.  Therefore, this argument is unconvincing.

Applicant may file a Petition to the Director Under Trademark Rule 2.146 within two months of the issue date of this notice to request that the abandonment determination be reversed and the application be returned to active status.  TMEP §§715.03(a)(ii)(D), 718.03(b), 1705.04, 1713.01-.02.  However, the Director will grant the petition in rare cases if (1) the USPTO committed a clear procedural error or abuse of discretion, or (2) applicant can show substantial compliance with the response requirements.  TMEP §§715.03(a)(ii)(D), 718.03(b), 1713.01-02.  

/Andrea B. Cornwell/

Andrea B. Cornwell

Examining Attorney

Law Office 115

571-272-4608

andrea.cornwell@uspto.gov

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on July 02, 2020 for

U.S. Trademark Application Serial No. 88270307

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

(1)  Read the official letter.  No response is necessary.

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

/Andrea B. Cornwell/

Andrea B. Cornwell

Examining Attorney

Law Office 115

571-272-4608

andrea.cornwell@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).

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.”