To: | REMKA, INC. (sunny@jrsnd.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88320818 - GUS THE GUMMY GATOR - 3155-002 US |
Sent: | 4/12/2019 12:19:36 PM |
Sent As: | ECOM111@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88320818
MARK: GUS THE GUMMY GATOR
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CORRESPONDENT ADDRESS: JACOBSON, RUSSELL, SALTZ, NASSIM & DE LA |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: REMKA, 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: 4/12/2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
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).
IDENTIFICATION OF GOODS
The identification of goods is indefinite and must be clarified. See TMEP §1402.01. Applicant must specify the common commercial or generic name for the goods. Please consult with the online identification of goods/services manual at the link provided below.
Applicant may adopt the following identification, if accurate:
International Class 3: Tooth cleaning preparations; Toothpaste; Tooth gel; Tooth powder; Non-medicated
mouth wash and rinse; Tooth whitening preparations; Tooth whitening paste; Cosmetics; Cosmetics masks; Make-up; Cologne and perfume; Facial moisturizers; Body lotion; Body cream; Body
milk; Body oils; Lotion for face and body care; Nutritional oils for cosmetics purposes; Gel eye masks; Face and body glitter; Scented body spray; Deodorant and antiperspirant for personal use;
Non-medicated soaps, namely, liquid soaps, bar soaps, facial soaps and body soaps; Non-medicated bath preparations; Non-medicated bubble bath preparations; Bath bombs; Bath color drops
being bath melts, bath fizzies, and bath crystals; Bath herbs; Bath salts, not for medical purposes; Non-medicated herbal bath body care products, namely, body
oils, salves and lip balms; Temporary tattoo transfers for use as cosmetics; Lip balm; Lip stain; Lipstick; Lip-gloss; Non-medicated hair care preparations, namely, shampoos, conditioners,
non-medicated hair treatment preparations for cosmetic purposes, Hair styling preparations; Nail care preparations; Nail varnishes, Nail art stickers; Sun tanning preparations; SPF Sunblock sprays,
creams, oils and lotions; After sun moisturizers and lotions; Powder for make-up; Talcum Powder; Tissues impregnated with cosmetics lotion; Breath mints for use as a breath freshener in the
nature of breath freshening preparations for personal hygiene; Room fragrance; Scented fabric refresher spray; Children scented sprays for use on toys and dolls; Baby lotion; Baby Powder; Baby
oil; Baby wipes impregnated with cleaning preparations; Baby bubble bath; Non-medicated diaper rush cream; Deodorizers for pets; Dental care products for dogs and cats, namely, toothpaste and
non-medicated dental spray; Pet stain removers; Pet shampoos; Non-medicated mouth wash for pets
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).
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.
CLAIM OF PRIOR PENDING APPLICATIONS WILL NOT BE PRINTED
RESPONSE GUIDELINES
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
/lindaorndorff/
Examining Attorney
Law Office 111
(571)272-5496
Linda.Orndorff@uspto.gov
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.
/Linda Orndorff/
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.