To: | TJ Creative, Inc. (trademarks@nge.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88280825 - SPORTSHEETS - 020426.7073 |
Sent: | 4/13/2019 9:03:06 AM |
Sent As: | ECOM121@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88280825
MARK: SPORTSHEETS
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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: TJ Creative, 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: 4/13/2019
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).
AMENDMENT TO IDENTIFICATION OF GOODS REQUIRED
Select entries from applicant’s identification of goods are indefinite and must be clarified. Applicant must amend the identification 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. Furthermore, select entries from the applicant’s identification of goods need clarification because they are too broad and could include goods classified in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
Also, applicant has misclassified select entries in its identification of goods. Therefore, applicant may respond by (1) adding the suggested International Class to the application and reclassifying the specified goods in the proper international class, (2) deleting the specified goods 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.
Therefore, applicant must remove the parentheses from the identification and incorporate any parenthetical information into the description of the goods.
The chart below identifies applicant’s indefinite and broad identification entries, the rationale explaining why the entries are indefinite or broad, and suggested definite and clear wording which applicant may adopt. The chart also identifies applicant’s entries that are misclassified and suggested classification which applicant may adopt. Finally, the chart also identifies applicant’s entries that contain parentheticals and suggested wording which applicant may adopt. Suggested changes are displayed as underlined wording and punctuation. Applicant may substitute the wording contained within the table for each indefinite and broad entry, if accurate.
Applicant's Class & ID |
Reason for Amendment |
Suggested Class & ID |
INTERNATIONAL CLASS 10 |
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Adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, sex toys, artificial body part sex toy devices, and sex toy accessories, namely, artificial penises, artificial penis straps, and artificial penis harnesses, Rings (penis rings) testicle restraints, Ball gags, nipple clamps; |
Indefinite because applicant must remove the parentheses and incorporate the parenthetical information. Furthermore, it appears that applicant has omitted a comma between “Rings (penis rings)” and “testicle restraints,” which makes the entry unclear. |
Adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, sex toys, artificial body part sex toy devices, and sex toy accessories, namely, artificial penises, artificial penis straps, and artificial penis harnesses, Rings being penis rings, testicle restraints, Ball gags, nipple clamps; |
Nipple suction devices and for use alone or in combination with other devices for enhancement of sexual pleasure and performance; |
The wording “nipple suction devices and for use alone…” is unclear, making the entry indefinite. Applicant must correct the grammar to clarify the nature of the goods. Furthermore, applicant must further clarify that these goods are in the nature of adult sexual stimulation aids. |
Adult sexual stimulation aids, namely, nipple suction devices for use alone or in combination with other devices for enhancement of sexual pleasure and performance; |
protrusion devices and accessories, namely, vibrators, vibrator straps, vibrator harnesses, vibrators (not as a protrusion device) anal beads, and anal plugs for use alone or in combination with other devices for enhancement of sexual pleasure and performance; |
Indefinite because applicant must remove the parentheses and incorporate the parenthetical information. Furthermore, it appears that applicant has omitted a comma between “vibrators (not as a protrusion device)” and “anal beads,” which makes the entry unclear.
Finally, applicant must further clarify that these goods are in the nature of adult sexual stimulation aids. |
Adult sexual stimulation aids in the nature of protrusion devices and accessories, namely, vibrators, vibrator straps, vibrator harnesses, vibrators not as a protrusion device, anal beads, and anal plugs for use alone or in combination with other devices for enhancement of sexual pleasure and performance; |
cleaners for sex toys; |
Overly broad and may include goods in multiple international classes. For instance, this includes cleaners for use on sex toys in International Class 3 and antibacterial cleaners for use on sex toys in International Class 5. Applicant must further specify the nature of its goods and classify them accordingly. |
International Class 3: cleaners for use on sex toys
International Class 5: antibacterial cleaners for use on sex toys |
personal lubricants; |
Misclassified. Personal lubricants are classified in International Class 5. |
International Class 5: Personal lubricants |
tape; |
Overly broad and may be classified in multiple international classes. For instance, this includes medical adhesive tape in International Class 5, adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, adhesive tape for enhancement of sexual pleasure and performance in International Class 10, adhesive tapes for stationery or household purposes in International Class 16, adhesive tape for industrial and commercial use in International Class 17, body and clothing tape to hold up strapless gowns, and athletic tape in International Class 28. Applicant must further specify the nature of the goods and classify them according. |
adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, adhesive tape; |
sponges; |
Overly broad and may be classified in multiple international classes. For instance, this includes sponges impregnated with cleaning preparations in International Class 3, contraceptive sponges in International Class 5, surgical sponges in International Class 10, and cleaning sponges, bath products, namely, body sponges, and massage sponges in International Class 21. Applicant must further specify the nature of the goods and classify them according. |
International Class 3: sponges impregnated with cleaning preparations
International Class 5: contraceptive sponges
International Class 21: cleaning sponges; bath products, namely, body sponges; massage sponges |
chains with nipple clamps; |
Indefinite because applicant must further clarify that these goods are in the nature of adult sexual stimulation aids. |
adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, chains with nipple clamps; |
straps; |
Overly broad and may be classified in multiple international classes. For instance, this includes all-purpose metal straps in International Class 6, camera and cell phone straps in International Class 9, adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, straps in International Class 10, all-purpose leather straps in International Class 18, and all-purpose nylon straps in International Class 22. Applicant must further specify the nature of the goods and classify them according. |
adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, straps; |
shower footrests; |
Misclassified. Shower footrests are classified in International Class 20. |
International Class 20: Shower footrests |
grips and handles for use on shower walls; |
Overly broad and may include goods in multiple international classes. For instance, this includes metal shower grab bars in International Class 6 and shower grab bars not of metal in International Class 20. Applicant must further specify the nature of the goods and classify them accordingly. |
International Class 6: grips and handles for use on shower walls, namely, metal shower grab bars
International Class 20: grips and handles for use on shower walls, namely, shower grab bars not of metal |
rope; |
Overly broad and may include goods in multiple international classes. For instance, this includes metal ropes in International Class 6, adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, ropes in International Class 10, and ropes in International Class 22. Applicant must further specify the nature of the goods and classify them accordingly. |
International Class 10: adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, ropes;
International Class 22: ropes |
blindfolds and masks; |
Overly broad and may include goods in multiple international classes. For instance, this includes cosmetic masks in International Class 3, swim masks in International Class 9, adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, blindfolds and masks in International Class 10, clothing items, namely, blindfolds worn over the eyes and sleep masks in International Class 25, and costume masks in International Class 28. Applicant must further specify the nature of the goods and classify them accordingly. |
International Class 10: adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, blindfolds and masks;
International Class 25: clothing items, namely, blindfolds worn over the eyes
International Class 28: costume masks |
gags; |
Overly broad and may include goods in multiple international classes. For instance, this includes adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, gags in International Class 10 and clothing items, namely, gags worn over the mouth in International Class 25. Applicant must further specify the nature of the goods and classify them accordingly. |
International Class 10: adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, gags;
International Class 25: clothing items, namely, gags worn over the mouth |
sashes; |
Overly broad and may include goods in multiple international classes. For instance, this includes adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, sash restraints in International Class 10 and sashes in the nature of clothing in International Class 25. Applicant must further specify the nature of the goods and classify them accordingly. |
International Class 10: adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, sash restraints;
International Class 25: sashes |
bondage devices, namely, whips, ticklers, and paddles for use alone or in combination with other devices for enhancement of sexual pleasure and roleplaying; |
Indefinite because applicant must further clarify that these goods are in the nature of adult sexual stimulation aids. |
adult sexual stimulation aids being bondage devices, namely, whips, ticklers, and paddles for use alone or in combination with other devices for enhancement of sexual pleasure and sexual roleplaying; |
and feather ticklers for enhancement of sexual pleasure and role playing |
Indefinite because applicant must further clarify that these goods are in the nature of adult sexual stimulation aids. |
and adult sexual stimulation aids being feather ticklers for enhancement of sexual pleasure and sexual role playing |
Applicant may adopt the following complete identification of goods, if accurate, with changes underlined:
International Class 3: cleaners for use on sex toys; sponges impregnated with cleaning preparations
International Class 5: antibacterial cleaners for use on sex toys; Personal lubricants; contraceptive sponges
International Class 6: grips and handles for use on shower walls, namely, metal shower grab bars
International Class 10: Adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, sex toys, artificial body part sex toy devices, and sex toy accessories, namely, artificial penises, artificial penis straps, and artificial penis harnesses, Rings being penis rings, testicle restraints, Ball gags, nipple clamps; Adult sexual stimulation aids, namely, nipple suction devices for use alone or in combination with other devices for enhancement of sexual pleasure and performance; Adult sexual stimulation aids in the nature of protrusion devices and accessories, namely, vibrators, vibrator straps, vibrator harnesses, vibrators not as a protrusion device, anal beads, and anal plugs for use alone or in combination with other devices for enhancement of sexual pleasure and performance; adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, adhesive tape; adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, chains with nipple clamps; adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, straps; adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, ropes; adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, blindfolds and masks; adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, gags; adult sexual stimulation aids for enhancement of sexual pleasure and performance, namely, sash restraints; adult sexual restraints for enhancement for sexual positioning and roleplaying, namely, leather, imitation leather, or fabric restraining devices, namely, handcuff devices, ankle devices, collar devices, leash devices, and harness devices for use alone or in combination with other devices for sexual positioning and role playing; adult sexual stimulation aids being bondage devices, namely, whips, ticklers, and paddles for use alone or in combination with other devices for enhancement of sexual pleasure and sexual roleplaying; and adult sexual stimulation aids being feather ticklers for enhancement of sexual pleasure and sexual role playing
International Class 20: Shower footrests; grips and handles for use on shower walls, namely, shower grab bars not of metal
International Class 21: cleaning sponges; bath products, namely, body sponges; massage sponges
International Class 22: ropes
International Class 25: clothing items, namely, blindfolds worn over the eyes; clothing items, namely, gags worn over the mouth; sashes
International Class 28: costume masks
For assistance with identifying and classifying goods 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 by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods based on use in commerce that are classified in at least 9 classes; however, applicant submitted fees sufficient for only 1 class. Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimen is acceptable for class 10; and applicant needs a specimen for any added class(es). See more information about specimens.
Examples of specimens for goods include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale. Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods.
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.” See more information about verification.
See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(a) 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.
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.
/Steven W. Ferrell Jr./
Examining Attorney
Law Office 121
(571) 270-3424
steven.ferrell@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.