Suspension Letter

United States Patent and Trademark Office (USPTO)

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

 

 

 

SUSPENSION NOTICE

No Response Required

 

 

Issue date:  December 17, 2019

 

 

The application is suspended for the reason(s) specified below.  See 37 C.F.R. §2.67; TMEP §§716 et seq. 

 

Application suspended until submission of foreign registration or proof that foreign registration was renewed.  Applicant is required to provide a copy of a foreign registration from applicant’s country of origin; the foreign registration must be valid when the U.S. registration issues.  15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii)-(iii); TMEP §§1004, 1004.01(a).  Action on the application is suspended until the USPTO receives a copy of such foreign registration or proof that the foreign registration was renewed.  TMEP §§716.02(b), 1003.04.  Applicant must also provide an English translation if the foreign registration or renewal document is not in English.  37 C.F.R. §2.34(a)(3)(ii)-(iii). 

 

If the foreign application abandons or the foreign registration is not renewed, applicant should promptly notify the trademark examining attorney.  See TMEP §§1003.08, 1004.01(a).  In such case, applicant may amend the application to rely on another filing basis, if appropriate, and will retain the priority filing date, if applicable.  TMEP §§1003.08, 1004.01(a).

 

Refusal(s) and/or requirement(s) maintained and continued.  The following refusal(s) and/or requirement(s) is/are maintained and continued: 

 

            •  Requirement for acceptable identification of goods

 

Applicant has classified “Ceramic tableware, namely, … forks, and spoons” in International Class 21; however, the proper classification is International Class 8.  Therefore, applicant may respond by (1) adding International Class 8 to the application and reclassifying these goods in the proper international class, (2) deleting “forks, and spoons” from the application, or (3) deleting the remainder of the items in the identification and reclassifying the specified goods and/or services 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.

 

The wording “Eyeglass cleaning clothes” in the identification of goods appears to be misspelled and is thus indefinite; the spelling must be corrected or the wording further clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01(a).  Applicant may substitute the following wording for the incorrect spelling, if accurate:  “Eyeglass cleaning cloths.”

 

The wording “Kitchen utensils, namely, … spoons, forks” 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.  In particular, this wording could encompass “forks and spoons being tableware” in International Class 8 and “serving forks” and “serving spoons, mixing spoons, slotted spoons, cooking spoons” in International Class 21.

 

Applicant may adopt the following identification of goods, if accurate [the examining attorney’s suggestions appear in bold, underlined text]:

 

Class 8:     Ceramic tableware, namely, forks and spoons

 

Class 21:   Rubber household gloves; Containers for household or kitchen use; Loofahs for household purposes; Laundry hampers for household use; Apparatus for processing food and drinks for household purposes other than electric, namely, hand-operated food and beverage processor; Plastic containers for household use; Shoe horns; Kimchi containers, namely, containers for household use especially Korean traditional fermented vegetables (kimchi) for Korean traditional food, kimchi; Pot lids; Ironing boards; all-purpose portable household containers; Heat-insulated containers for household use; Buttonhooks; Chopping boards for kitchen use; Holders for cutting boards; Lunch boxes; Ceramic tableware, namely, plates, bowls, dishes, tea services, coffee services; Mangers for animals; Household utensils, namely, turners for kitchen use; Buckets; Large bowls; Bottles sold empty, except vases; Insulated flasks; thermal insulated containers for food; Glass based products, namely, wine glasses, cocktail glasses, shot glasses, drinking glasses, preserve glasses, glass mugs, glass bowls, glass jars, glass dishes, not for building; Cups, not of precious metal; Drinking glasses, namely, tumblers, not of precious metal; Soap holders and soap boxes; Non-electric coffee pots; Non-electric cooking utensils, namely, griddles, grills, cooking pots; Non-electric dusting apparatus, namely, dusting brushes, dusting gloves, dusting or cleaning cloths; Non-electronic apparatus for preventing vermin in the nature of mouse traps, rat traps; Table mats, not of paper or textile; Combs; Sponges for household purposes; Wash basins, not parts of sanitary installations, namely, wash basin in the nature of bowls; Washing brushes; Cleaning tools and washing utensils other than electric, namely, cleaning brushes for barbecue grills, grill scrapers, pot cleaning brushes, pads for cleaning, microfiber cloths for cleaning; Laundry drying racks in the nature of clothes drying racks; Washing balls in the nature of dryer balls that are placed in the clothes drying machine with the clothing to assist tin the drying process; Brushes, namely, hair brushes; Towel rails and rings; Loofahs for household purposes; Tableware, other than knives, forks and spoons, namely, coffee services in the nature of tableware, tea services in the nature of tableware; Coffee services being dishes; Glass seal containers for preserving food, namely, food preserving jars of glass; Waste baskets; Eyeglass cleaning cloths; Pet feeding dishes; Portable cooking kits for outdoor use; Water tanks for live fish in the nature of fish tanks; Cooking pans; Sanitary gloves for household purposes in the nature of disposable gloves for home use; Boxes of glass; Glass caps, namely, glass stoppers; Potties for children; Electric devices for attracting and killing insects; Drinking vessels; Garbage cans for food waste; Toothpicks; Porcelain ware, namely, basins, bowls, plates, mugs, figurines of porcelain; Reusable plastic water bottles sold empty; Piggy banks; Electric and non-electric battery-operated lint removers; Electric and non-electric bottle openers; Electric toothbrushes; Brushes for cleaning feeding bottles, namely, bottle cleaning brushes; Utensils used in ancestral rites in the nature of decorative crosses of china, crystal, earthenware, glass, porcelain, other than jewelry; Kitchen graters; Kitchen utensils, namely, dishes, splatter screens, serving scoops, kitchen tongs, serving forks, serving spoons, chopsticks; Spatulas for kitchen use; Kitchen mitts; Woks; Side-dish boxes in the nature of plastic storage containers for side dishes; Julienne cutters; Non-electric candelabra being candlesticks; Dental floss; Toothbrushes; Knife blocks; Portable pots and pans for camping; Frying pans; Tongue cleaners in the nature of tongue cleaning brushes; Flower vases; Flower pots; Cosmetic utensils, namely, cosmetic spatulas, cosmetic brushes, droppers sold empty for cosmetic purposes, manual cosmetic cleaners, namely, non-woven fabric wipes and sponges, electrical applicators for applying cosmetics to the skin, battery-powered applicators for applying cosmetics to eyelashes; Make-up removing appliances; Toilet paper holders; Non-electric portable coldboxes

 

Applicant may amend the identification 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.  Generally, any deleted goods and/or services may not later be reinserted.  See TMEP §1402.07(e).  Additionally, for U.S. applications filed under Trademark Act Section 44(e), the scope of the identification for purposes of permissible amendments may not exceed the scope of the goods and/or services identified in the foreign registration.  37 C.F.R. §2.32(a)(6); Marmark, Ltd. v. Nutrexpa, S.A., 12 USPQ2d 1843, 1845 (TTAB 1989) (citing In re Löwenbräu München, 175 USPQ 178, 181 (TTAB 1972)); TMEP §§1012, 1402.01(b).

 

ID Manual Online

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.

 

 

See id.  These refusal(s) and/or requirement(s) will be made final once this application is removed from suspension, unless a new issue arises.  See TMEP §716.01.

 

Suspension process.  The USPTO will periodically check this application to determine if it should remain suspended.  See TMEP §716.04.  As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension.  TMEP §716.05. 

 

No response required.  Applicant may file a response, but is not required to do so. 

 

 

/Amy Kertgate/

Examining Attorney

Law Office 113

Tel: (571) 272-1943

Email: amy.kertgate@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on December 17, 2019 for

U.S. Trademark Application Serial No. 88312535

 

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. 

 

Kertgate, Amy

/Amy Kertgate/

Examining Attorney

Law Office 113

Tel: (571) 272-1943

Email: amy.kertgate@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.”