To: | Wang, Shizhong (alichy@lichylaw.com) |
Subject: | U.S. Trademark Application Serial No. 88288442 - AROMIENS - N/A |
Sent: | January 06, 2020 10:51:33 AM |
Sent As: | ecom127@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88288442
Mark: AROMIENS
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Correspondence Address: |
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Applicant: Wang, Shizhong
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Reference/Docket No. N/A
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: January 06, 2020
REQUEST FOR RECONSIDERATION DENIED: PARTIAL ABANDONMENT – APPLICATION HAS BEEN AMENDED
The trademark examining attorney has carefully reviewed applicant’s request for reconsideration and is denying the request for the reasons stated below. See 37 C.F.R. §2.63(b)(3); TMEP §§715.03, 715.03(a)(ii)(D), 718.02(a). The refusal made final in the Office action dated July 3, 2019 is maintained and continues to be final. See TMEP §715.03(a)(ii)(D). Furthermore, since applicant has not filed an appeal with the Trademark Trial and Appeal Board, and there is no time remaining in the response period, the application is being held partially abandoned. See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)-(a)(1); TMEP §§715.03(a)(ii)(D), (c), 718.02(a), 1714.01(a)(ii).
In the present case, applicant’s request has not resolved the outstanding issue, nor does it raise a new issue or provide any new or compelling evidence with regard to the outstanding issue in the final Office action. Accordingly, the request is denied.
The final Office action included a refusal that applied to only a portion of the application; therefore, only that portion of the application is abandoned. See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)(1); TMEP §718.02(a).
The portion of the identification, Class 3, that was the subject of the refusal will be deleted from the application. The application will proceed with the following identification: Class 5 and Class 30.
Applicant may respond by filing a petition to the Director to request a reversal of the decision to abandon the application in part. TMEP §§715.03(a)(ii)(D), 718.02(a), 1713.01; see 37 C.F.R. §2.146. However, the Director will reverse the decision only if there is clear error or an abuse of discretion. In re GTE Educ. Servs., 34 USPQ2d 1478, 1479-80 (Comm’r Pats. 1994); TMEP §§715.03(a)(ii)(D), 1713.01. A petition may be filed online via the Trademark Electronic Application System (TEAS) with a $100 fee. See 37 C.F.R. §2.6(a)(15)(ii).
/Luke Cash Browning/
Luke Cash Browning
Trademark Examining Attorney
Law Office 127 | (571) 270-5767
Luke.Browning@USPTO.gov