To: | Stauffer Manufacturing, Inc. (spiltch@pennsylawyers.com) |
Subject: | U.S. Trademark Application Serial No. 88319877 - STAUFFER GLOVE & SAFETY - 1904.1 |
Sent: | July 18, 2019 05:13:50 PM |
Sent As: | ecom118@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88319877
Mark: STAUFFER GLOVE & SAFETY
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Correspondence Address:
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Applicant: Stauffer Manufacturing, Inc.
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Reference/Docket No. 1904.1
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: July 18, 2019
This Office action is in response to applicant’s communication filed on 6/28/19. The disclaimer and the Section 2(f) claim are acceptable. The Section 2(e)(4) refusal is overcome.
Identification and Classification of Goods
The requirement that the applicant properly identify and classify the goods is made FINAL.
The identification of goods is indefinite and must be clarified because the applicant must clarify the nature of the “ear and hearing protectors”, must delete the duplicate wording and must properly classify the goods. Ear plugs, except for divers ear plugs and all classified in Class 10. If the hearing protectors are not in the nature of ear covering shields the applicant should indicate the specific nature of those goods. The applicant must clarify and properly classify the “disposable protective clothing for industrial use maintaining cleanliness of the user and protection against contamination, namely, bouffant caps and hairnets, beard covers, shoe and boot covers, aprons and gowns, sleeve covers and bibs, laboratory coats and overalls” and must indicate the specific use of the caps and the material make-up of the bibs. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Protective clothing in Class 9 is clothing that is life preserving or protects from fire, accidents and irradiation. A “life- preserving” or “protection against accidents” use or purpose must be indicated for any Class 9 protective clothing or protective headgear ID. The purpose of the applicant’s goods, i.e., cleanliness and contamination are not Class 9 purposes.
Applicant may adopt the following identification, if accurate:
Class 9: commercial and industrial workplace safety products, namely, protective gloves including general work gloves, disposable latex and nitrile gloves, exterior coated gloves, cut resistant gloves, chemical resistant gloves, single and double palm protection gloves, leather palm protection gloves, hot mill, heat protection, and welding gloves, Lisle gloves, Jersey gloves, string knit gloves, mechanics gloves, leather gloves for driving; personal protective wear namely, safety eyewear, helmets and bump caps in the nature of hard hats, face protection shields, ear and hearing protectors in the nature of ear covering shields, face masks not for medical use and respirators other than for artificial respiration, finger cots and guards in the nature of finger gloves for industrial and non-medical work use, leggings in the nature of protective clothing against accidents, irradiation and fire, chaps and spats in the nature of protective clothing against accidents, irradiation and fire, safety harnesses other than for vehicles or sports purposes, environmental and temperature protective gear, namely clothing for protection against fire and high visibility clothing namely safety vests, pants and jackets
Class 10: personal protective wear namely, sound reduction ear plugs
Class 25: disposable protective clothing for industrial use for maintaining cleanliness of the user and protection against contamination of the work product, namely, shoe and boot covers, aprons and gowns, sleeve covers and bibs, not of paper and laboratory coats and overalls
Class 26: disposable protective clothing for industrial use for maintaining cleanliness of the user and protection against contamination of the work product, namely, bouffant caps for the food service industry and hairnets and beard covers
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.
(1) List the goods and/or services 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(s) already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods and/or services based on use in commerce that are classified in at least four classes; however, applicant submitted a fee(s) sufficient for only one class(es). 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 9; and applicant needs a specimen for classes 10, 25 and 26. 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.
Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and website printouts that show the mark used in the actual sale, rendering, or advertising of the services.
(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.
(1) a response filed using the Trademark Electronic Application System (TEAS) that fully satisfies all outstanding requirements and/or resolves all outstanding refusals; and/or
(2) an appeal to the Trademark Trial and Appeal Board filed using the Electronic System for Trademark Trials and Appeals (ESTTA) with the required filing fee of $200 per class.
37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues. TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). There is a fee required for filing a petition. 37 C.F.R. §2.6(a)(15).
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.
How to respond. Click to file a response to this final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB).
/Kelley L. Wells/
Trademark Attorney
Law Office 118
571-272-9312
kelley.wells@uspto.gov
RESPONSE GUIDANCE