To: | Christmas Tree Shops, Inc. (trademarkadmin@lernerdavid.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88277234 - GARDEN ESSENTIALS - BBB-1154 |
Sent: | 4/15/2019 8:43:34 AM |
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. 88277234
MARK: GARDEN ESSENTIALS
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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: Christmas Tree Shops, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT/PRIORITY ACTION
STRICT DEADLINE TO RESPOND TO THIS LETTER
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: 4/15/2019
DATABASE SEARCH: The trademark examining attorney has searched the USPTO’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).
ISSUES APPLICANT MUST ADDRESS: On April 12, 2019, the trademark examining attorney and Gregg Paradise discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.
MULTIPLE-CLASS APPLICATION REQUIREMENTS: FEE REQUIRED
(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 and/or services that are classified in at least 12 classes; however, applicant submitted fees sufficient for only 11 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.
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
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.
APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by the individual identified in the Priority Action section above, the trademark examining attorney has amended the application as indicated below. Please advise the undersigned immediately of any objections. TMEP §707. Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.
Identification of Goods
The identification of goods is amended to read as follows:
International Class 6:
Arbors of metal; Fences of metal; Garden hose carts; Metal greenhouses; Plant hangers of metal; Stakes of metal for plants
or trees; and Trellises of metal
International Class 8: ACCEPTABLE AS WRITTEN
Hand tools, namely, bulb planters; Hand tools, namely, transplanters; Hand tools, namely, weed diggers; Hoes; Lawn and garden tools, namely, cultivators; Manually operated sharpeners; Pruning shears; Rakes; Shovels; and Tool holders
International Class 9: ACCEPTABLE AS WRITTEN
Thermometers, not for medical purposes
International Class 12: NEW CLASS
Garden hose carts
International Class 16: ACCEPTABLE AS WRITTEN
Lawn and leaf disposal bags
International Class 17:
Garden hoses; Connectors for garden hoses in the nature of plastic non-metal hose fittings; Garden hose repair kits comprised primarily of adhesive wraps to mend holes in the nature of pipe joint tape
International Class 19:
Arbors of non-metal; Chicken coops; Fences, not of metal; Geotextiles, namely, fabric and sheeting for landscaping; Modular greenhouses not of metal; Trellises, not of metal; Plastic landscape edging
International Class 20:
Benches; Combination kneeler and seat for gardening; Kneeling pads for household and garden use; Outdoor décor made of
wood, namely, wood furniture; Plant stands; Plastic landscape edging; Storage pots for garden hoses; Furniture, namely, Tables; and Wood barrels;
Bird houses
International Class 21:
Bird baths, being bowls for birds to bathe in; Bird feeders; Bird houses; Connectors for garden hoses; Flower and plant
cultivation trays; Garden hose repair kits; Gardening gloves; Hose nozzles; Lawn sprinklers; Natural and synthetic fiber coco liners fitted for plant boxes;, plant
pots and plant baskets; Pails; Planter boxes for domestic gardening; Planters for flowers and plants; Raised garden beds, namely, raised containers for planting contained gardens; Saucers for flower
pots; Sprayer nozzles for garden hoses; Trash cans; Watering cans; and Window boxes; Porcelain flower pots for storing garden hoses
International Class 22: ACCEPTABLE AS WRITTEN
Plastic ties for home or garden use; and Twine
International Class 25: ACCEPTABLE AS WRITTEN
Clogs
International Class 28: ACCEPTABLE AS WRITTEN
Decorative wind spinners
See TMEP §§1402.01, 1402.01(e).
Disclaimer Statement
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use “GARDEN” apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).
If applicant has questions regarding this examiner’s amendment, please telephone or e-mail the assigned trademark examining attorney.
/Melissa Sturman/
Melissa Sturman
Trademark Examining Attorney
Law Office 125
(571) 272-2781
melissa.sturman@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.