To: | Big Time Products, LLC (trademarks@thompsonhine.com) |
Subject: | U.S. Trademark Application Serial No. 88339681 - TRAPJAW - 091226-103US |
Sent: | July 23, 2019 03:47:03 PM |
Sent As: | ecom105@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88339681
Mark: TRAPJAW
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Correspondence Address: 10050 INNOVATION DRIVE, SUITE 400
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Applicant: Big Time Products, LLC
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Reference/Docket No. 091226-103US
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). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: July 23, 2019
Specifically, like the corresponding original wording in the application, the following amended wording is indefinite and overbroad:
Class 18: … tote bags, namely, tote bags specially adapted for holding tools, sold empty; all-purpose utility bags, all-purpose utility tote bags, namely, all-purpose utility bags.
The examining attorney also notes that the following original wording in the identification remains operative for purposes of future amendments and for determining the scope of future amendments:
Class 18 … original wording “tool totes, all-purpose utility bags, all-purpose utility totes.
See TMEP §1402.07(d).
The following is a SUMMARY OF ISSUES that applicant must address:
• NEW ISSUE: Identification of Goods Requirement
Applicant must respond to all issues raised in this Office action within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
NEW ISSUE: IDENTIFICATION OF GOODS REQUIREMENT
Portions of the identification of goods must be clarified because they are indefinite and overbroad.
Specifically, the wording “tool totes” is indefinite and overbroad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because the nature of these goods is unclear. Further, this wording could identify goods in more than one international class. For example, tool bags containing tools and sold as a set are in International Class 8 and tool bags sold empty are in International Class 18. If referring to goods in International Class 18, applicant may substitute the following wording, if accurate: “tool bags, sold empty, namely, tool totes”.
In addition, the wording “all-purpose utility bags, all-purpose utility totes” is also indefinite and overbroad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because the nature of these goods is unclear. Further, this wording could identify goods in more than one international class. For example, all-purpose carrying bags are in International Class 18 and general utility bags for commercial use are in International Class 22. If referring to goods in International Class 18, applicant may substitute the following wording, if accurate: “all-purpose carrying bags, namely, all-purpose utility bags not for commercial use; all-purpose carrying bags, namely, all-purpose utility totes not for commercial use”.
Applicant may adopt the following identification, if accurate:
Class 8: {NO CHANGE}
Class 18: Tool bags sold empty; tool bags, sold empty, namely, tool totes; all-purpose carrying bags, namely, all-purpose utility bags not for commercial use; all-purpose carrying bags, namely, all-purpose utility totes not for commercial use
Stylized text indicates changes.
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 – Multi-Class Application Requirements
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 3 classes; however, applicant submitted a fee(s) sufficient for only 2 class(es). Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
RESPONSE GUIDELINES
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.
How to respond. Click to file a response to this nonfinal Office action
/Matthew Tully/
Matthew Tully
Trademark Examining Attorney
Law Office 105
(571) 270-5943
RESPONSE GUIDANCE