To: | Carly Jean Inc. (david@dlhpatent.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88330693 - CJLA - 19-10005 |
Sent: | 5/22/2019 6:18:09 PM |
Sent As: | ECOM109@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88330693
MARK: CJLA
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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: Carly Jean Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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PRIORITY 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: 5/22/2019
DATABASE SEARCH: The trademark examining attorney has searched the USPTO’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).
ISSUES APPLICANT MUST ADDRESS: On May 17, 2019, the trademark examining attorney and David Hoffman discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.
IDENTIFICATION OF SERVICES REQUIREMENT
Applicant’s identification of services is as follows: “on-line retail store services clothing, namely, tops, shirts, sweaters, pants, jeans, skirts, dresses, T-shirt dresses, undergarments, sweat pants, leggings, shorts, sweat shirts, jumpsuits, kimonos, tunics, maternity tops, maternity dresses, jackets, blazers; on-line retail store services featuring jewelry, bandanas, scarves, caps, hats, hand bags, bags, shoes, gifts, books, candles, mugs, towels, blankets; on-line retail store featuring a wide variety of consumer goods of others; retail store services clothing, namely, tops, shirts, sweaters, pants, jeans, skirts, dresses, T-shirt dresses, undergarments, sweat pants, leggings, shorts, sweat shirts, jumpsuits, kimonos, tunics, maternity tops, maternity dresses, jackets, blazers; retail store services featuring jewelry, bandanas, scarves, caps, hats, hand bags, bags, shoes, gifts, books, candles, mugs, towels, blankets; retail store services featuring a wide variety of consumer goods of others clothing, namely, tops, shirts, sweaters, pants, jeans, skirts, dresses, T-shirt dresses, undergarments, sweat pants, leggings, shorts, sweat shirts, jumpsuits, kimonos, tunics, maternity tops, maternity dresses, jackets, blazers,” in International Class 35.
Applicant may adopt the following amended identification, if accurate. Suggested amendments are in bold: “on-line retail store services featuring clothing, namely, tops, shirts, sweaters, pants, jeans, skirts, dresses, T-shirt dresses, undergarments, sweat pants, leggings, shorts, sweat shirts, jumpsuits, kimonos, tunics, maternity tops, maternity dresses, jackets, blazers; on-line retail store services featuring jewelry, bandanas, scarves, caps, hats, hand bags, bags, shoes, gifts, books, candles, mugs, towels, blankets; on-line retail store featuring a wide variety of consumer goods of others; retail store services featuring clothing, namely, tops, shirts, sweaters, pants, jeans, skirts, dresses, T-shirt dresses, undergarments, sweat pants, leggings, shorts, sweat shirts, jumpsuits, kimonos, tunics, maternity tops, maternity dresses, jackets, blazers; retail store services featuring jewelry, bandanas, scarves, caps, hats, hand bags, bags, shoes, gifts, books, candles, mugs, towels, blankets; retail store services featuring a wide variety of consumer goods of others in the nature of clothing, namely, tops, shirts, sweaters, pants, jeans, skirts, dresses, T-shirt dresses, undergarments, sweat pants, leggings, shorts, sweat shirts, jumpsuits, kimonos, tunics, maternity tops, maternity dresses, jackets, blazers,” in International Class 35.
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.
ADVISORY: PARTIAL ABANDONMENT
The application will then proceed with the following services in International Class 35 only: “on-line retail store services featuring jewelry, bandanas, scarves, caps, hats, hand bags, bags, shoes, gifts, books, candles, mugs, towels, blankets; on-line retail store featuring a wide variety of consumer goods of others; retail store services featuring jewelry, bandanas, scarves, caps, hats, hand bags, bags, shoes, gifts, books, candles, mugs, towels, blankets.” See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
RESPONSE AND ASSISTANCE
To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp. If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/trademarks/teas/e_filing_tips.jsp and e-mail technical questions to TEAS@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.
/Meredith Maresca/
Trademark Examining Attorney
Law Office 109
(571) 272-8985
meredith.maresca@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.