To: | Sterling International Inc. (efiling@cojk.com) |
Subject: | U.S. Trademark Application Serial No. 88334992 - REUSABLE YELLOWJACKET TRAP - STIL-2-58841 |
Sent: | September 02, 2019 02:07:28 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. 88334992
Mark: REUSABLE YELLOWJACKET TRAP
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Correspondence Address: CHRISTENSEN O'CONNOR JOHNSON KINDNESS
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Applicant: Sterling International Inc.
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Reference/Docket No. STIL-2-58841
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: September 02, 2019
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.
This letter is in response to applicant’s correspondence filed on August 8, 2019.
In the previous Office action, requirements were issued for clarification of the description of the mark and for an amended drawing because the applied-for mark is a three-dimensional configuration mark.
Applicant has provided an acceptable drawing and the requirement is satisfied. However, the amended description of the mark has been carefully considered and found unacceptable.
Three-Dimensional Configuration Mark
Applicant has described the mark as a two-dimensional image of product packaging shown flat, with the packaging consisting of five panels that are folded to form a five sided base to serve as three-dimensional packaging for the goods. Applicant’s specimen clearly shows the product packaging in three-dimensional form.
(1) Indicates the mark is a three-dimensional configuration of the goods or packaging or of a specific design feature of the goods or packaging.
(2) Specifies all the elements in the drawing that constitute the mark and are claimed as part of the mark.
(3) Specifies any elements that are not part of the mark and indicates that the matter shown in broken or dotted lines is not part of the mark and serves only to show the position or placement of the mark.
See 37 C.F.R. §§2.37, 2.52(b)(2), (b)(4); In re Famous Foods, Inc., 217 USPQ 177, 177 (TTAB 1983); TMEP §§807.08, 807.10, 1202.02(c)(ii).
This requirement is hereby made FINAL.
Questions Regarding Office Action
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)
/allison holtz/
Allison Holtz
Law Office 111
allison.holtz@uspto.gov (preferred)
571-272-9383
RESPONSE GUIDANCE